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Thread: Casino Terms & Conditions

  1. #1
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    Casino Terms & Conditions

    I don't want to derail the other thread anymore than it has already been, so I thought we could dissect some casino T&Cs here. Maybe no one is interested (?), but I think since this issue has been brought to light, we should perhaps reread and re-interprete what the players are facing. I know, I wasn't really satisfied with some of the answers from xxxx xxxxx, I felt the rep was skirting pertinent questions.

    So,not picking on xxxx xxxxxx, just they are in the limelight so to speak right now...

    xxxx xxxxx Casino Terms and Conditions...

    Players Representation and Warranties
    1. The Player is at least 18 years of age or has reached the legal age of maturity in his/her jurisdiction, whichever is greater. Full-time Students who are enrolled in a College or University are not permitted to play in the Casino.

    2. The xxxxxx operation of virtual casino gambling is directed only towards players, who by the laws of their home jurisdiction, are not prohibited from gambling on the Internet through the application of the software. Some jurisdictions have not yet addressed the legality of the use of software for gambling, while some jurisdictions have specifically made Internet gambling illegal. It is impossible for xxxxxx to determine the state of the law in every jurisdiction around the world on an ongoing basis. Therefore, the Player accepts sole responsibility for determining the laws that apply in his/her jurisdiction. The Player is responsible for any consequences that may transpire as a result of his/her not determining the legality of Internet gaming in his/her jurisdiction.

    3. Commercial use of xxxxxx is strictly forbidden. The Player will play only for private and non-professional purposes. Before placing bets, the Player is responsible for verifying the laws on gambling which governs the place where the xxxxxx client is used. The Player fully understands the rules of the games and the procedures involved in Internet gambling through use of this software application.

    4. The Player will use this software application to gamble on the Internet for his/her private and personal use only and not for the use of others. The Player is obliged to keep his/her User-ID and Password secret and confidential. Any use of the software application through the Player's User-ID is the sole responsibility of the Player. The Player will not allow any third party or person, including and without limitation to any minor, to use his/her account to place wagers or participate in the games in any way.

    5. The software is protected under applicable copyright laws. Title, ownership and all intellectual property rights in the software remain with xxxxxx, including images, photographs, animations, video, audio, music and text that may be part of the software. Copying, redistribution or publication of any of the content or part of the software is strictly prohibited. Title, ownership and all intellectual property rights in the name xxxx xxxxxCasinos remain with xxxxxx, as the case may be.

    6. The xxxxxx game server has been checked by a third party accounting firm and was found to supply fair odds and to comply with the laws and regulations of the nations of Curacao. The Player accepts all outcomes of game results as received in the client application from xxxxxx game server. The Player fully accepts and agrees that xxxxxx random number generator software will determine the outcome of the Games.

    7. The Player is fully aware of the fact that there is the risk of losing money through the use of this software. The Player hereby accepts that xxxxxx reserves its right to limit and/or refuse the Player's wagers. In the event of any dispute regarding a wager or winnings, the decision of xxxxxx shall be final and binding.

    8. The Player is fully responsible for any taxes and fees applicable to winnings resulting from use of the software. If winnings are taxable in the Player's jurisdiction, the Player is required to keep track and report the winnings to the appropriate authorities.

    9. The casinos in the xxxxxx Group will accept deposits in the following currencies only: US Dollars (USD); UK Pounds (GBP) and Euros (EUR). The currency for all withdrawals is determined by the player's chosen account currency. Only players from the UK are entitled to play in GBP. Any players from outside the UK are welcome to play in either USD or EURO. Players from the UK are entitled to play in any currency they choose.

    10. xxxx xxxxx does not currently accept any real money wagers from the legal jurisdictions of the Netherlands Antilles, Costa Rica, Israel or the area of Markham in Canada.

    11. With the exception of Network Progressive Jackpot wins, the maximum withdrawal per week is $/£/€3,000. As such cash out requests of a larger amount will be paid in weekly instalments.

    12. The player is required to provide their complete, current and full personal details, including a phone number where they can be contacted. Incomplete, inaccurate or fraudulent information may result in the player’s account being closed and any bonuses and winnings being removed.

    13. xxxxxx reserves the right to withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction. For this purpose, we further reserve the right, at our sole discretion, to require that the Player provides us with a notarized ID or any equivalent certified ID according to the applicable laws of your jurisdiction.

    14. You are allowed only one active account. Winnings will only be paid to players having one account per household, computer, IP address or business address. If you have more than one account all winnings will be void.

    15. Employees of the Company and members of their immediate families are not eligible to register as a player at any xxxxxx property or participate in any gaming at the Casino.

    16. xxxxxx operates a zero tolerance policy to fraud and utilises a range of measures to identify fraudulent behaviour which is not limited to our platform. By opening an account with xxxxxx the player understands that fraudulent behaviour perpetrated against any online Casino Operator or Payment Service Provider may result in the account balance held with xxxxxx being forfeit.

    17. We reserve the right to process any withdrawals from casino accounts via the method(s) used to fund the account wherever possible.

    18. In cases where players are participating in strategies or patterns of play that xxxxxx in its sole discretion deems to be abusive we reserve the right, prior to closing the account, to deduct any processing costs associated with the account from the value of the final payment. You will be notified in advance of any deductions of this nature being made.

    19. Players are permitted only one pending game at any one time. In cases where players have multiple pending games any balance in the account may be forfeited.

    20. We reserve the right to delay payment of any winnings derived from an eCheck deposit method until the deposited funds have cleared. If the funds do not clear we reserve the right to void any winnings or balance in the account.

    21. We reserve the right to reduce the balance in dormant accounts once the period of inactivity exceeds 180 days. Should you wish for these funds to be returned to your balance please contact customer services who will be glad to arrange this for you.

    22. By installing and using this software the player hereby agrees to have fully read and understood the above 'terms and conditions' and so agrees to be bound by them. In the event of any disputes, all decisions made by the casino will be final.

    Bonus Terms and Conditions
    1. All bonuses are unredeemable and so cannot be withdrawn as winnings. Players may withdraw winnings from wagers made using bonus chips, but the bonus chips themselves cannot be withdrawn and will be removed when any subsequent withdrawal is processed.

    2. All Bonuses will be given only once per household, business address, IP address and/or per account, as per our terms of use. If a duplicate account is opened it will be closed and all bonuses and winnings will be considered void.

    3. xxxxxx reserves the right to refuse or rescind bonus credits and offerings, or prevent future access to xxxxxx for any reason at its sole discretion.

    4. Only one free bonus can be claimed on any account before the first deposit is completed. If an account is funded entirely with a free bonus, in addition to our other requirements, an approved deposit is necessary to validate the account before any withdrawals will be processed.

    5. All bonuses carry a wagering requirement that is to be completed on a specific selection of games. Any wagers made on games that are excluded from the wagering requirement before the wagering requirement is completed will result in the bonus and any winnings being void. The player must be aware of and accept these terms and conditions before playing the bonus.

    6. Bets placed on Baccarat, Craps, Roulette games and Sic Bo do not count towards the wagering requirements of any bonus unless otherwise stated.

    7. Wagers are made from the player’s cash balance first and the bonus chips second.

    8. Winnings derived from game features triggered while the bonus is active count as part of the original promotion

    9. If a bonus has a timeframe and the conditions are not met within this timeframe, the bonus and any winnings from the bonus will be removed.

    10. Only the original recipients of the promotions distributed by CWCUSD are permitted to claim the associated offers.

    11. There is no maximum cashout restriction on our new player welcome offers.

    12. The maximum cashout on all non-deposit bonuses is 5x the bonus amount and the timeframe is 30 days unless stated otherwise.

    13. Any comp points accrued before the first approved deposit, or any winnings derived from them are subject to the maximum cashout restriction of the free bonus used.

    14. Any winnings derived from a Slots Tournament where the buy-in was paid using a non-deposit bonus must be wagered fifty (50) times before a withdrawal is permitted.

    14. Any winnings derived from a Slots Tournament where the buy-in was paid using a non-deposit bonus must be wagered fifty (50) times before a withdrawal is permitted.
    16. If a player does not wish to receive bonuses then they can play with no restrictions by simply not redeeming any coupons. If a coupon is claimed in error please contact support by email, phone or live chat before depositing or playing so that your account can be adjusted.

    17. Utilization of a coupon shall be deemed to represent acceptance of all terms and conditions associated with the use of promotional coupons stated above. Players are not required to use coupons when depositing and should not do so without a complete understanding of these terms and conditions.

    Okay, I have highlighted the items I feel need better explaining.

    1) This is already an issue with an ongoing thread.

    B]1. The Player is at least 18 years of age or has reached the legal age of maturity in his/her jurisdiction, whichever is greater. Full-time Students who are enrolled in a College or University are not permitted to play in the Casino.[/B]

    Sorry, but unless rewritten, this is NOT stating that ONLY 18 year old, full-time students are emempt from playing in the casino. MY interpretation is you MUST be a minimum of 18 years old to play in the casino. Full-time students (no age restriction on this?) cannot play in the casino, does this INCLUDE persons who have gone back to school to change careers, further a career, etc?

    2)7. The Player is fully aware of the fact that there is the risk of losing money through the use of this software. The Player hereby accepts that CWCUSD reserves its right to limit and/or refuse the Player's wagers. In the event of any dispute regarding a wager or winnings, the decision of CWCUSD shall be final and binding.
    At which point in time does the casino enforce this? And what are some of the determining points for the casino to come to this conclusion?

    3)12. The player is required to provide their complete, current and full personal details, including a phone number where they can be contacted. Incomplete, inaccurate or fraudulent information may result in the player’s account being closed and any bonuses and winnings being removed.
    What does the casino consider current and full personal details?

    4)13. xxxxxx reserves the right to withhold any pay out or winning amount until the identity of the winning person is verified to our satisfaction. For this purpose, we further reserve the right, at our sole discretion, to require that the Player provides us with a notarized ID or any equivalent certified ID according to the applicable laws of your jurisdiction.
    What does the casino consider worthy of a notarized ID?

    5)19. Players are permitted only one pending game at any one time. In cases where players have multiple pending games any balance in the account may be forfeited.
    Can you please explain this more clearly? What is considered a pending game?

    6)Under Bonus Terms and Conditions...
    8. Winnings derived from game features triggered while the bonus is active count as part of the original promotion
    So, does this mean any money won from a free spin round or bonus round must still meet the criteria (WR) from the promo used? Say I won $15 in a free spin feature, would this $15 now have to meet a WR?

    7)14. Any winnings derived from a Slots Tournament where the buy-in was paid using a non-deposit bonus must be wagered fifty (50) times before a withdrawal is permitted.
    I thought you couldn't use ND bonuses to play in tournaments?



    Any comments anyone?
    Last edited by ksech; 12th November 2010 at 04:10 PM. Reason: deleting casino name and reference to casino

  2. #2
    maxd's Avatar
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    Quote Originally Posted by ksech View Post
    So,not picking on Club World, just they are in the limelight so to speak right now...
    If this isnt about CWC then why not pull their name from the text?

    Oooop, I spoke too soon. I see you've done exactly that.
    Last edited by maxd; 12th November 2010 at 04:43 PM.
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  3. #3
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    The first set of terms and conditions (post #1) were taken from an accreditted RTG casino.

    This set is taken from an MG US clone:


    Updated 11 a.m GMT on May 24, 2010
    THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS” AND/OR “AGREEMENT”) GOVERN YOUR USE OF ANY OF THE XXX XXXXX XXX CASINO WEB SITES AND SOFTWARE. BY USING THE CASINO, YOU AGREE TO THE FOLLOWING PROVISIONS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE PROVISIONS HEREIN BEFORE USING THE CASINO. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT OPEN, USE OR REUSE AN ACCOUNT AT THE CASINO, NOR PARTICIPATE AT THE CASINO IN ANY MANNER, NOR ACCEPT ANY PRIZE OR WINNINGS FROM THE CASINO IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL OF THE TERMS AND CONDITIONS SPECIFIED BELOW. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT CHECK THE “I AGREE” BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE CASINO IN ANY MANNER. FOR PURPOSES OF THESE TERMS AND CONDITIONS, “WE/US/OUR/COMPANY” REFERS T0 XXXXXXXX, LTD., AND ITS PARENT, AFFILATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, “XXXXXXXX”), AND “YOU” REFERS TO THE INTENDED PLAYER OF THE CASINO WHO INDICATES HIS/HER ACCEPTANCE/REJECTION OF THESE TERMS AND CONDITIONS BELOW. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS INTELLECTUAL PROPERTY LAWS AND TREATIES PROTECT THE CASINO.
    NOTICE
    1.1 We expressly reserve the right to modify, amend, supplement or modify these Terms and Conditions at any time without notice. The amended Terms and Conditions will be posted and made available on the casino. You are responsible for regularly reviewing these Terms and Conditions for changes and amendments. The revised Terms and Condition shall be effective immediately upon posting.
    1.2 If you do not agree to be bound by (or cannot comply with) these Terms and Conditions, as amended, your only remedy is to discontinue your use of the Casino.
    You will be deemed to have accepted the Terms and Conditions, as amended, if you continue to use the Casino after such amendment is effective.
    PARTICIPATION
    2.1 USE OF THE CASINO IS AT YOUR SOLE OPTION, DISCRETION AND RISK. You acknowledge that playing in the Casino exposes you to certain basic risks, including the possibility of losing money.
    2.2 GAMBLING AT THE CASINO 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/OR USING A CASINO IN ANY MANNER. You are solely responsible for ascertaining whether it is legal in your jurisdiction to play any of the games at the Casino. By placing real money wagers, you are expressly representing and warranting to us that it legally permissible to do so within your jurisdiction. We do not warrant the legality of your participation in the Casino in terms of the laws of your jurisdiction. We do not intend to enable you to contravene applicable law, and we are not responsible for any illegal or unauthorized use of the Casino by you. PLEASE CONSULT LEGAL COUNSEL IN THE APPLICABLE JURISDICTION IF YOU HAVE ANY DOUBTS ABOUT THE LEGALITY OF YOUR USE OF THE CASINO UNDER THE LAWS OF THE JURISDICTION THAT APPLY TO YOU.
    IMPORTANT NOTE:
    XXX XXXXX XXX Casino does not accept new account registrations from United States residents.
    Should you manage to register, deposit and play please note that ALL your winnings and deposits will be voided.
    Due to US gaming regulations, players residing in the following states: Illinois, Indiana, Kentucky, Louisiana, Michigan, Nevada, New Jersey, New York, Oregon, South Dakota, Utah, Washington, and Wisconsin, are not permitted to play the casino.

    2.3 Participation in the Casino and/or the downloading of any software connected thereto on a computer or any other device is strictly limited to persons 18 years of age and older, or the age of majority in your jurisdiction, whichever is greater. We reserve the right at any time to request that you furnish us with proof of your identity and age as a condition precedent to allow you further participation in the Casino. We may cancel a user's account and exclude a user from using the Casino if proof of age is not provided, or if we suspect that a user playing and/or utilizing the Casino in any manner is underage.
    2.4 Any and all play by an ineligible person, as determined in accordance with the provisions under this Agreement by us, in our sole discretion, shall be voided, including any winnings accruing to any ineligible person.
    2.5 No officer, director, employee, consultant or agent of the Company or any of its affiliate companies, suppliers or vendors is permitted to use the Casino directly or indirectly, for personal use and enjoyment. This restriction also applies to relatives of such persons and for purposes of this Agreement a “relative” includes, without limitation, any spouse, partner, parent, child or sibling.
    LEGALITIES & RULES OF PLAY
    3.1 The Casino operates in Kahnawake, Canada and is licensed under the terms of the Kahnawake Gaming Commission.
    3.2 In addition to these Terms and Conditions, the Company reserves the right to institute certain rules of play which shall also apply to you and be binding upon you with respect to your participation at the Casino. You hereby agree to be bound by such additional rules of play, as if they were specifically incorporated into these Terms and Conditions.
    3.3 We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account for any reason.
    PLAYER WARRANTIES
    4.1 In consideration for the rights granted to you to use the Casino, you expressly represent, warrant, covenant and agree that:
    4.1.1 it is your sole responsibility, prior to using the Casino, to understand the applicable laws of your jurisdiction with respect to a player's permitted use of online gaming facilities within your jurisdiction;
    4.1.2 you have verified that it is entirely legal for you to make use of online gaming facilities in your jurisdiction, and specifically the Casino, and there are no legal or other restrictions that would prevent or prohibit your participation in the Casino;
    4.1.3 you are an “adult”, having attained the minimum age of 18 and/or the age of majority within your jurisdiction, and are of sound mind, capable of taking responsibilities for your actions;
    4.1.4 you have furnished us with personal details that are valid, accurate, current and complete in each and every respect, and that you agree to promptly advise us of any changes to your personal details via email;
    4.1.5 you are the true and lawful owner of the monies with which you deposit and wager at the Casino and/or you are duly and properly authorized to utilize such monies in the Casino;
    4.1.6 you will not deposit or wager any monies at the Casino that are derived in any manner from illegal activities, including those which are described in Section VIII below;
    4.1.7 you will pay all monies owed to any of the Casino at which you've played. In furtherance thereof, you will not chargeback, counter-demand, reverse or deny any such payments;
    4.1.8 you are fully aware that there is a risk of losing money when gambling by means of a casino and that you are fully responsible for any such loss. You agree that your use of the Casino is at your sole option, discretion and risk;
    4.1.9 you acknowledge that in registering, playing and using a Casino, you are required to provide us with certain personal details about yourself (including details concerning your method of payment). We reserve the right to disclose certain of these details to third parties, including appropriate law enforcement agencies if we find or suspect illegal activity within your account. You hereby consent to this provision and the terms of our Privacy Policy;
    4.1.10 you are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings;
    4.1.11 you are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of a Casino; and
    4.1.12 you do not find the Casino and/or our promotions and other materials to be in any way offensive, indecent, objectionable or obscene.
    REGISTRATION, USER ID & PASSWORDS
    5.1 Prior to downloading and installing the Casino software to your computer or other device, you are required to register an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a user ID and password. Upon registration, you shall be designated a casino account number and asked to choose confidential PIN.
    5.2 You are responsible for maintaining the confidentiality of your casino account number and PIN. We take no responsibility for any third party access to your account, and you are responsible for any and all activities that occur under your account, whether or not actually or expressly authorized by you. You could be held liable for losses incurred by us or another party due to someone else using your casino account number or password. Any distribution by you of your casino account number and PIN may result in the termination of your account as well as your right to play at or use the Casino, without refund of any money deposited therein (in addition to any other charges incurred by us based upon the unauthorized use). We will not be liable for any loss or damage arising from your failure to comply with these provisions and all transactions where your casino account and PIN have been entered correctly will be regarded as valid, whether or not authorized by you.
    5.3 You agree to immediately notify us of any unauthorized use of your casino account number and PIN or any other breach of security.
    5.5 At all times, you may only have one account, for which you will register using your own, correct name. You may not access a Casino 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 attempt to access a Casino by means of another person's account, we reserve the right to immediately close all your accounts and bar you from future use of any of the Casino.
    EXCLUSION, SUSPENSION AND TERMINATION
    6.1 We may refuse to register you as a player at the Casino or elect to de-register, exclude or suspend you as a player from the Casino at any time, for any reason or for no reason whatsoever.
    6.2 You acknowledge that we have no obligation whatsoever to provide you with prior notice of our decision to refuse, de-register, exclude or suspend you as a player, nor are we required to furnish you with any reasons for such decisions.
    6.3 If we de-register, exclude or suspend you from the Casino, we shall have the unlimited right to:
    6.3.1 withhold payment to you of any contested funds, whether such funds are deposits, refunds, bonuses, free monies, Casino credits, payouts or the like;
    6.3.3 establish the specific criteria with which you must comply in order to be allowed access to the Casino (and your account, if applicable); and
    6.3.4 furnish information about you to law enforcement agencies (if the reason for such termination, de-registration, exclusion or suspension was fraud or some other form of illegal misconduct), collection agencies and/or intra-group casino databases. You hereby irrevocably authorize us to do so in our absolute discretion.

    6.4 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 we liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
    DORMANT ACCOUNTS
    7.1 Your account will be deemed “dormant” if it has not been accessed for at least six (6) calendar months, as determined from the last time you performed an action in the account (e.g., made a purchase or placed a bet).
    7.2 If your account should become dormant, we will notify you via email (the “Notification Email”) of any “real” balance that might be remaining in the account (e.g., real funds do not include promotional or bonus funds).
    7.3 You will have thirty (30) days from the date of the Notification Email to claim any remaining balance. If you fail to do so, your account will be closed and the remaining balance will be forfeited to the Casino.
    7.4 If you discover, however, that your account has been closed and balance forfeited in accordance with the provisions of this Section VII, you may lay a claim to such monies upon written application to the Casino. The Casino, in its sole discretion, shall decide whether or not you are entitled to the funds (or any portion thereof) stated in your written application. The Casino's decision shall be final and binding.
    7.5 You acknowledge that monies held in your account will not bear interest.
    7.6 Bonus credits not played within 30 days of being awarded will be deemed to have expired and will be removed.
    MONEY LAUNDERING & OTHER PROHIBITED USES
    8.1 It is the law in almost all jurisdictions which have strict money laundering rules and regulations that we are required 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, among other actions, (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of a Casino to facilitate criminal activity.
    8.2 In order to assist in the prevention of money laundering, no cash shall be accepted to fund any account at a Casino and no substantial or exceptional withdrawals, whether individually or cumulatively, shall be made unless notarized copies of at least two (2) of the following are received:
    8.2.1 a most recent bank statement from the bank where your wagers/deposits originated;
    8.2.2 a driver's license; or
    8.2.3 a current and valid passport.

    8.3 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player in the same currency. Transfers to third parties are not permitted under any circumstances.
    8.4 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.
    8.5 We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Casino. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If, in our sole discretion, you are in breach of this section, we reserve the right to terminate your access to the Casino immediately and/or have your account blocked, and we may inform interested third parties of your breach.
    8.6 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 Casino. We constantly review the use of the Casino 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 your access to the Casino, terminating your account and seizing all monies held in such account.
    INTELLECTUAL PROPERTY
    9.1 In accordance with the provisions of these Terms and Conditions, we hereby grant to you a revocable, non-exclusive, non-transferable limited right and license to use the Casino, as well as the underlying software thereto, all of which constitutes our sole and exclusive intellectual property or that of our licensors.
    9.2 You acknowledge and agree that all patents, copyrights, trademarks and other intellectual property rights in and to all of the materials and features supplied as part of the Casino 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.
    9.3 Under no circumstances may you copy the materials contained within the Casino to any computer, network server or location for reproduction or distribution. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software underlying the Casino under any conditions. In addition, you may not transmit, publish, display, distribute, commercially exploit, tamper with, modify or create derivative works based on the Casino. The restrictions contained herein apply equally to any and all updates, patches or subsequent versions of a Casino that may be provided to you.
    9.4 The terms “XXX XXXXX XXX” and any other trademarks, service marks and/or trade names (collectively, the “Marks”) utilized in connection with the Casino are the trademarks, 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 Marks. In addition, other content on the Casino, including, without limitation, the software, images, pictures, graphics, text, photographs, animations, videos, music and audio (collectively, the “Site Content”) belongs to us or one of our group companies or one of our licensors and is protected by applicable copyright and/or other intellectual property rights. You hereby acknowledge that by using a Casino, you obtain no rights in the Marks or the Site Content thereon, and must not use them in any manner not permitted herein without our prior written approval.
    9.5 You agree that you will not use the Casino in any manner which: (i) violates or misappropriates or could result in a violation or misappropriation of our intellectual property rights, (ii) is abusive or harassing to us or any other user/player, (iii) compromises or could comprise the stability, integrity or availability of the Casino or the network upon which they reside; (iv) circumvents or could circumvent any security measures or any payment methods employed on the Casino; or (v) interferes with any other party's use and enjoyment of the Casino.
    PROMOTIONS AND PUBLICITY
    10.1 If, while playing at a Casino, you win a sum of money or any other prize regarded by us, in our sole discretion, as worthy of publicity, you grant to us the right to use your first name in any press releases and/or promotional materials, and agree to make yourself reasonably available for any event(s) arranged by the Casino, at the Casino's cost and expense.
    10.2 It is understood that we shall, from time to time, run certain promotions and competitions through the Casino. These promotions and competitions will likely have separate terms, conditions and rules that are specific to it. These Terms and Conditions shall also apply to any such promotion or competition. In the event of a conflict between these Terms and Conditions and the specific provisions of the promotion or competition, the promotion / competition specific provisions shall govern but only to the extent of the conflict and in no other manner.
    10.3 In the event that we believe 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 us, then we may, at our 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 Casino and/or block that user's account.
    WARRANTY
    11.1 ALL SERVICES, FEATURES AND APPLICATIONS THAT ARE MADE AVAILABLE TO YOU, INCLUDING THE CASINO ITSELF, ARE PROVIDED "AS IS." XXXXXXXX, AND ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE CASINO, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CASINO.
    11.2 Neither XXXXXXXX, nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data.
    11.3 Neither XXXXXXXX, nor its parent, affiliates, agents, network service providers, partners, representatives or employees, warrant that the Casino is error-free or will operate without packet loss or interruption, nor does XXXXXXXX warrant any connection to or any transmission over the Internet.
    11.4 In the event of a Casino system and/or communication malfunction, Casino will not be liable to you, in accordance with section 12.1 herein below, as a result of any such malfunction and the Casino reserves the right to void all unconfirmed bets.
    LIMITATION OF LIABILITY
    12.1 IN NO EVENT SHALL XXXXXXXX, ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE CASINO, INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR TO THE USE OF THE CASINO (EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM AQUACUBE ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE CASINO (OR ANY DERIVATION THEREOF) AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.
    12.2 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. XXXXXXXX'S ENTIRE LIABLITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED ONE HUNDRED (US$100.00) US DOLLARS.
    12.3 UNDER NO CIRCUMSTANCES SHALL XXXXXXXX, ITS PARENT, AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, REPRESENTATIVES OR EMPLOYEES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE CASINO RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, EXPLOSIONS, TERRORIST ATTACKS, WAR OR OTHER ACTS OF GOD.
    INDEMNIFICATION
    13.1 You agree to indemnify, defend and hold us harmless from and against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive) arising from your use and participation of the Casino. The nature of your participation may include, without limitation, inter alia:
    13.1.1 visiting, using or reusing the Casino;
    13.1.2 using or reusing any materials obtained from the Casino;
    13.1.3 entering, using or reusing the Casino or proxy server;
    13.1.4 facilitating or making a deposits into your account at the Casino;
    13.1.5 wagering or gaming at the Casino (including participating in the non-gambling games available at the Casino or web site);
    13.1.6 accepting and using any winnings or prize from the Casino; or
    13.1.7 using or reusing the Casino software, whether downloaded from the website or by any other means or through any other medium.
    TERM & TERMINATION
    14.1 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 the terms and conditions herein.
    14.2 We may terminate this Agreement and your account (including your username and password) immediately without notice:
    14.2.1 if for any reason we decide to discontinue the Casino;
    14.2.2 if we believe that you have breached any of the terms of this Agreement;
    14.2.3 if your use of the Casino has been in any way improper or breaches the spirit of this Agreement; or
    14.2.4 for any other reason we see fit. Except as otherwise provided in this Section 14.2 or otherwise in this Agreement, 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 to us by you.
    14.3 You may terminate this Agreement and your account (including your username and password) at any time by sending an email to the appropriate point of contact at each of the respective Casino (i.e., support@XXXXXXXXXXX.com), such termination to take effect upon us terminating your account (including username and password), which shall occur within seven (7) calendar days after receipt of your email on our servers. During such interim period, you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.
    14.4 On termination of this Agreement you shall be required to discontinue your use of the Casino, pay all amounts due and owing to us, and remove the Casino software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
    14.5 The right to terminate this Agreement under this Section 14 by either party shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
    14.6 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.
    GENERAL PROVISIONS
    15.1 These Terms and Conditions and the relationship between you and us shall be governed in accordance with the laws of the Isle of Man. Any dispute arising hereunder regarding these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in the Isle of Man. You irrevocably agree to submit to such exclusive jurisdiction and you expressly waive all defenses to jurisdiction. The foregoing notwithstanding, we may commence a proceeding on the basis of temporary or permanent equitable relief in any jurisdiction of our choosing. These Terms and Conditions will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
    15.2 If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity or the balance of the remaining provisions, which shall remain valid and enforceable according to its terms. Our failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practices shall act to modify any provision of these Terms and Conditions. You acknowledge that XXXXXXXX and you are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between us. We reserve the right to assign our rights and duties under these Terms and Conditions to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. Nothing in this Agreement shall be construed 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. These Terms and Conditions constitute the entire agreement between us relating to your use of the Web Site and/or Casino and supersedes any prior representations, discussions, undertakings, communications or advertising with respect thereto. You may not amend these Terms and Conditions in any manner without our express prior written approval. In the case of any language discrepancies between the meanings of any translated versions of this Agreement, the English language meaning shall prevail.



    I've highlighted the aspects I deemed important.
    (Rmoved name and associations before I got my hand slapped again)

    Section 8.3 and 8.4 are a little confusing to me. (Is this allowing a single player to transfer funds from 1 casino to another, as you can not have multiple accounts...)
    8.3 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player in the same currency. Transfers to third parties are not permitted under any circumstances.
    8.4 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.
    Last edited by ksech; 15th November 2010 at 10:03 AM. Reason: ooops

  4. #4
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    Quote Originally Posted by ksech View Post
    The first set of terms and conditions (post #1) were taken from an accreditted RTG casino.

    This set is taken from an MG US clone:


    Updated 11 a.m GMT on May 24, 2010
    THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS” AND/OR “AGREEMENT”) GOVERN YOUR USE OF ANY OF THE XXX XXXXX XXX CASINO WEB SITES AND SOFTWARE. BY USING THE CASINO, YOU AGREE TO THE FOLLOWING PROVISIONS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE PROVISIONS HEREIN BEFORE USING THE CASINO. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT OPEN, USE OR REUSE AN ACCOUNT AT THE CASINO, NOR PARTICIPATE AT THE CASINO IN ANY MANNER, NOR ACCEPT ANY PRIZE OR WINNINGS FROM THE CASINO IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL OF THE TERMS AND CONDITIONS SPECIFIED BELOW. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT CHECK THE “I AGREE” BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE CASINO IN ANY MANNER. FOR PURPOSES OF THESE TERMS AND CONDITIONS, “WE/US/OUR/COMPANY” REFERS T0 XXXXXXXX, LTD., AND ITS PARENT, AFFILATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, “XXXXXXXX”), AND “YOU” REFERS TO THE INTENDED PLAYER OF THE CASINO WHO INDICATES HIS/HER ACCEPTANCE/REJECTION OF THESE TERMS AND CONDITIONS BELOW. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS INTELLECTUAL PROPERTY LAWS AND TREATIES PROTECT THE CASINO.
    NOTICE
    1.1 We expressly reserve the right to modify, amend, supplement or modify these Terms and Conditions at any time without notice. The amended Terms and Conditions will be posted and made available on the casino. You are responsible for regularly reviewing these Terms and Conditions for changes and amendments. The revised Terms and Condition shall be effective immediately upon posting.
    1.2 If you do not agree to be bound by (or cannot comply with) these Terms and Conditions, as amended, your only remedy is to discontinue your use of the Casino.
    You will be deemed to have accepted the Terms and Conditions, as amended, if you continue to use the Casino after such amendment is effective.
    PARTICIPATION
    2.1 USE OF THE CASINO IS AT YOUR SOLE OPTION, DISCRETION AND RISK. You acknowledge that playing in the Casino exposes you to certain basic risks, including the possibility of losing money.
    2.2 GAMBLING AT THE CASINO 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/OR USING A CASINO IN ANY MANNER. You are solely responsible for ascertaining whether it is legal in your jurisdiction to play any of the games at the Casino. By placing real money wagers, you are expressly representing and warranting to us that it legally permissible to do so within your jurisdiction. We do not warrant the legality of your participation in the Casino in terms of the laws of your jurisdiction. We do not intend to enable you to contravene applicable law, and we are not responsible for any illegal or unauthorized use of the Casino by you. PLEASE CONSULT LEGAL COUNSEL IN THE APPLICABLE JURISDICTION IF YOU HAVE ANY DOUBTS ABOUT THE LEGALITY OF YOUR USE OF THE CASINO UNDER THE LAWS OF THE JURISDICTION THAT APPLY TO YOU.
    IMPORTANT NOTE:
    XXX XXXXX XXX Casino does not accept new account registrations from United States residents.
    Should you manage to register, deposit and play please note that ALL your winnings and deposits will be voided.
    Due to US gaming regulations, players residing in the following states: Illinois, Indiana, Kentucky, Louisiana, Michigan, Nevada, New Jersey, New York, Oregon, South Dakota, Utah, Washington, and Wisconsin, are not permitted to play the casino.

    2.3 Participation in the Casino and/or the downloading of any software connected thereto on a computer or any other device is strictly limited to persons 18 years of age and older, or the age of majority in your jurisdiction, whichever is greater. We reserve the right at any time to request that you furnish us with proof of your identity and age as a condition precedent to allow you further participation in the Casino. We may cancel a user's account and exclude a user from using the Casino if proof of age is not provided, or if we suspect that a user playing and/or utilizing the Casino in any manner is underage.
    2.4 Any and all play by an ineligible person, as determined in accordance with the provisions under this Agreement by us, in our sole discretion, shall be voided, including any winnings accruing to any ineligible person.
    2.5 No officer, director, employee, consultant or agent of the Company or any of its affiliate companies, suppliers or vendors is permitted to use the Casino directly or indirectly, for personal use and enjoyment. This restriction also applies to relatives of such persons and for purposes of this Agreement a “relative” includes, without limitation, any spouse, partner, parent, child or sibling.
    LEGALITIES & RULES OF PLAY
    3.1 The Casino operates in Kahnawake, Canada and is licensed under the terms of the Kahnawake Gaming Commission.
    3.2 In addition to these Terms and Conditions, the Company reserves the right to institute certain rules of play which shall also apply to you and be binding upon you with respect to your participation at the Casino. You hereby agree to be bound by such additional rules of play, as if they were specifically incorporated into these Terms and Conditions.
    3.3 We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account for any reason.
    PLAYER WARRANTIES
    4.1 In consideration for the rights granted to you to use the Casino, you expressly represent, warrant, covenant and agree that:
    4.1.1 it is your sole responsibility, prior to using the Casino, to understand the applicable laws of your jurisdiction with respect to a player's permitted use of online gaming facilities within your jurisdiction;
    4.1.2 you have verified that it is entirely legal for you to make use of online gaming facilities in your jurisdiction, and specifically the Casino, and there are no legal or other restrictions that would prevent or prohibit your participation in the Casino;
    4.1.3 you are an “adult”, having attained the minimum age of 18 and/or the age of majority within your jurisdiction, and are of sound mind, capable of taking responsibilities for your actions;
    4.1.4 you have furnished us with personal details that are valid, accurate, current and complete in each and every respect, and that you agree to promptly advise us of any changes to your personal details via email;
    4.1.5 you are the true and lawful owner of the monies with which you deposit and wager at the Casino and/or you are duly and properly authorized to utilize such monies in the Casino;
    4.1.6 you will not deposit or wager any monies at the Casino that are derived in any manner from illegal activities, including those which are described in Section VIII below;
    4.1.7 you will pay all monies owed to any of the Casino at which you've played. In furtherance thereof, you will not chargeback, counter-demand, reverse or deny any such payments;
    4.1.8 you are fully aware that there is a risk of losing money when gambling by means of a casino and that you are fully responsible for any such loss. You agree that your use of the Casino is at your sole option, discretion and risk;
    4.1.9 you acknowledge that in registering, playing and using a Casino, you are required to provide us with certain personal details about yourself (including details concerning your method of payment). We reserve the right to disclose certain of these details to third parties, including appropriate law enforcement agencies if we find or suspect illegal activity within your account. You hereby consent to this provision and the terms of our Privacy Policy;
    4.1.10 you are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings;
    4.1.11 you are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of a Casino; and
    4.1.12 you do not find the Casino and/or our promotions and other materials to be in any way offensive, indecent, objectionable or obscene.
    REGISTRATION, USER ID & PASSWORDS
    5.1 Prior to downloading and installing the Casino software to your computer or other device, you are required to register an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a user ID and password. Upon registration, you shall be designated a casino account number and asked to choose confidential PIN.
    5.2 You are responsible for maintaining the confidentiality of your casino account number and PIN. We take no responsibility for any third party access to your account, and you are responsible for any and all activities that occur under your account, whether or not actually or expressly authorized by you. You could be held liable for losses incurred by us or another party due to someone else using your casino account number or password. Any distribution by you of your casino account number and PIN may result in the termination of your account as well as your right to play at or use the Casino, without refund of any money deposited therein (in addition to any other charges incurred by us based upon the unauthorized use). We will not be liable for any loss or damage arising from your failure to comply with these provisions and all transactions where your casino account and PIN have been entered correctly will be regarded as valid, whether or not authorized by you.
    5.3 You agree to immediately notify us of any unauthorized use of your casino account number and PIN or any other breach of security.
    5.5 At all times, you may only have one account, for which you will register using your own, correct name. You may not access a Casino 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 attempt to access a Casino by means of another person's account, we reserve the right to immediately close all your accounts and bar you from future use of any of the Casino.
    EXCLUSION, SUSPENSION AND TERMINATION
    6.1 We may refuse to register you as a player at the Casino or elect to de-register, exclude or suspend you as a player from the Casino at any time, for any reason or for no reason whatsoever.
    6.2 You acknowledge that we have no obligation whatsoever to provide you with prior notice of our decision to refuse, de-register, exclude or suspend you as a player, nor are we required to furnish you with any reasons for such decisions.
    6.3 If we de-register, exclude or suspend you from the Casino, we shall have the unlimited right to:
    6.3.1 withhold payment to you of any contested funds, whether such funds are deposits, refunds, bonuses, free monies, Casino credits, payouts or the like;
    6.3.3 establish the specific criteria with which you must comply in order to be allowed access to the Casino (and your account, if applicable); and
    6.3.4 furnish information about you to law enforcement agencies (if the reason for such termination, de-registration, exclusion or suspension was fraud or some other form of illegal misconduct), collection agencies and/or intra-group casino databases. You hereby irrevocably authorize us to do so in our absolute discretion.

    6.4 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 we liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
    DORMANT ACCOUNTS
    7.1 Your account will be deemed “dormant” if it has not been accessed for at least six (6) calendar months, as determined from the last time you performed an action in the account (e.g., made a purchase or placed a bet).
    7.2 If your account should become dormant, we will notify you via email (the “Notification Email”) of any “real” balance that might be remaining in the account (e.g., real funds do not include promotional or bonus funds).
    7.3 You will have thirty (30) days from the date of the Notification Email to claim any remaining balance. If you fail to do so, your account will be closed and the remaining balance will be forfeited to the Casino.
    7.4 If you discover, however, that your account has been closed and balance forfeited in accordance with the provisions of this Section VII, you may lay a claim to such monies upon written application to the Casino. The Casino, in its sole discretion, shall decide whether or not you are entitled to the funds (or any portion thereof) stated in your written application. The Casino's decision shall be final and binding.
    7.5 You acknowledge that monies held in your account will not bear interest.
    7.6 Bonus credits not played within 30 days of being awarded will be deemed to have expired and will be removed.
    MONEY LAUNDERING & OTHER PROHIBITED USES
    8.1 It is the law in almost all jurisdictions which have strict money laundering rules and regulations that we are required 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, among other actions, (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of a Casino to facilitate criminal activity.
    8.2 In order to assist in the prevention of money laundering, no cash shall be accepted to fund any account at a Casino and no substantial or exceptional withdrawals, whether individually or cumulatively, shall be made unless notarized copies of at least two (2) of the following are received:
    8.2.1 a most recent bank statement from the bank where your wagers/deposits originated;
    8.2.2 a driver's license; or
    8.2.3 a current and valid passport.

    8.3 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player in the same currency. Transfers to third parties are not permitted under any circumstances.
    8.4 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.
    8.5 We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Casino. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If, in our sole discretion, you are in breach of this section, we reserve the right to terminate your access to the Casino immediately and/or have your account blocked, and we may inform interested third parties of your breach.
    8.6 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 Casino. We constantly review the use of the Casino 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 your access to the Casino, terminating your account and seizing all monies held in such account.
    INTELLECTUAL PROPERTY
    9.1 In accordance with the provisions of these Terms and Conditions, we hereby grant to you a revocable, non-exclusive, non-transferable limited right and license to use the Casino, as well as the underlying software thereto, all of which constitutes our sole and exclusive intellectual property or that of our licensors.
    9.2 You acknowledge and agree that all patents, copyrights, trademarks and other intellectual property rights in and to all of the materials and features supplied as part of the Casino 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.
    9.3 Under no circumstances may you copy the materials contained within the Casino to any computer, network server or location for reproduction or distribution. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software underlying the Casino under any conditions. In addition, you may not transmit, publish, display, distribute, commercially exploit, tamper with, modify or create derivative works based on the Casino. The restrictions contained herein apply equally to any and all updates, patches or subsequent versions of a Casino that may be provided to you.
    9.4 The terms “XXX XXXXX XXX” and any other trademarks, service marks and/or trade names (collectively, the “Marks”) utilized in connection with the Casino are the trademarks, 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 Marks. In addition, other content on the Casino, including, without limitation, the software, images, pictures, graphics, text, photographs, animations, videos, music and audio (collectively, the “Site Content”) belongs to us or one of our group companies or one of our licensors and is protected by applicable copyright and/or other intellectual property rights. You hereby acknowledge that by using a Casino, you obtain no rights in the Marks or the Site Content thereon, and must not use them in any manner not permitted herein without our prior written approval.
    9.5 You agree that you will not use the Casino in any manner which: (i) violates or misappropriates or could result in a violation or misappropriation of our intellectual property rights, (ii) is abusive or harassing to us or any other user/player, (iii) compromises or could comprise the stability, integrity or availability of the Casino or the network upon which they reside; (iv) circumvents or could circumvent any security measures or any payment methods employed on the Casino; or (v) interferes with any other party's use and enjoyment of the Casino.
    PROMOTIONS AND PUBLICITY
    10.1 If, while playing at a Casino, you win a sum of money or any other prize regarded by us, in our sole discretion, as worthy of publicity, you grant to us the right to use your first name in any press releases and/or promotional materials, and agree to make yourself reasonably available for any event(s) arranged by the Casino, at the Casino's cost and expense.
    10.2 It is understood that we shall, from time to time, run certain promotions and competitions through the Casino. These promotions and competitions will likely have separate terms, conditions and rules that are specific to it. These Terms and Conditions shall also apply to any such promotion or competition. In the event of a conflict between these Terms and Conditions and the specific provisions of the promotion or competition, the promotion / competition specific provisions shall govern but only to the extent of the conflict and in no other manner.
    10.3 In the event that we believe 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 us, then we may, at our 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 Casino and/or block that user's account.
    WARRANTY
    11.1 ALL SERVICES, FEATURES AND APPLICATIONS THAT ARE MADE AVAILABLE TO YOU, INCLUDING THE CASINO ITSELF, ARE PROVIDED "AS IS." XXXXXXXX, AND ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE CASINO, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CASINO.
    11.2 Neither XXXXXXXX, nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data.
    11.3 Neither XXXXXXXX, nor its parent, affiliates, agents, network service providers, partners, representatives or employees, warrant that the Casino is error-free or will operate without packet loss or interruption, nor does XXXXXXXX warrant any connection to or any transmission over the Internet.
    11.4 In the event of a Casino system and/or communication malfunction, Casino will not be liable to you, in accordance with section 12.1 herein below, as a result of any such malfunction and the Casino reserves the right to void all unconfirmed bets.
    LIMITATION OF LIABILITY
    12.1 IN NO EVENT SHALL XXXXXXXX, ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE CASINO, INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR TO THE USE OF THE CASINO (EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM AQUACUBE ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE CASINO (OR ANY DERIVATION THEREOF) AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.
    12.2 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. XXXXXXXX'S ENTIRE LIABLITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED ONE HUNDRED (US$100.00) US DOLLARS.
    12.3 UNDER NO CIRCUMSTANCES SHALL XXXXXXXX, ITS PARENT, AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, REPRESENTATIVES OR EMPLOYEES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE CASINO RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, EXPLOSIONS, TERRORIST ATTACKS, WAR OR OTHER ACTS OF GOD.
    INDEMNIFICATION
    13.1 You agree to indemnify, defend and hold us harmless from and against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive) arising from your use and participation of the Casino. The nature of your participation may include, without limitation, inter alia:
    13.1.1 visiting, using or reusing the Casino;
    13.1.2 using or reusing any materials obtained from the Casino;
    13.1.3 entering, using or reusing the Casino or proxy server;
    13.1.4 facilitating or making a deposits into your account at the Casino;
    13.1.5 wagering or gaming at the Casino (including participating in the non-gambling games available at the Casino or web site);
    13.1.6 accepting and using any winnings or prize from the Casino; or
    13.1.7 using or reusing the Casino software, whether downloaded from the website or by any other means or through any other medium.
    TERM & TERMINATION
    14.1 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 the terms and conditions herein.
    14.2 We may terminate this Agreement and your account (including your username and password) immediately without notice:
    14.2.1 if for any reason we decide to discontinue the Casino;
    14.2.2 if we believe that you have breached any of the terms of this Agreement;
    14.2.3 if your use of the Casino has been in any way improper or breaches the spirit of this Agreement; or
    14.2.4 for any other reason we see fit. Except as otherwise provided in this Section 14.2 or otherwise in this Agreement, 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 to us by you.
    14.3 You may terminate this Agreement and your account (including your username and password) at any time by sending an email to the appropriate point of contact at each of the respective Casino (i.e., support@XXXXXXXXXXX.com), such termination to take effect upon us terminating your account (including username and password), which shall occur within seven (7) calendar days after receipt of your email on our servers. During such interim period, you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.
    14.4 On termination of this Agreement you shall be required to discontinue your use of the Casino, pay all amounts due and owing to us, and remove the Casino software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
    14.5 The right to terminate this Agreement under this Section 14 by either party shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
    14.6 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.
    GENERAL PROVISIONS
    15.1 These Terms and Conditions and the relationship between you and us shall be governed in accordance with the laws of the Isle of Man. Any dispute arising hereunder regarding these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in the Isle of Man. You irrevocably agree to submit to such exclusive jurisdiction and you expressly waive all defenses to jurisdiction. The foregoing notwithstanding, we may commence a proceeding on the basis of temporary or permanent equitable relief in any jurisdiction of our choosing. These Terms and Conditions will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
    15.2 If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity or the balance of the remaining provisions, which shall remain valid and enforceable according to its terms. Our failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practices shall act to modify any provision of these Terms and Conditions. You acknowledge that XXXXXXXX and you are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between us. We reserve the right to assign our rights and duties under these Terms and Conditions to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. Nothing in this Agreement shall be construed 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. These Terms and Conditions constitute the entire agreement between us relating to your use of the Web Site and/or Casino and supersedes any prior representations, discussions, undertakings, communications or advertising with respect thereto. You may not amend these Terms and Conditions in any manner without our express prior written approval. In the case of any language discrepancies between the meanings of any translated versions of this Agreement, the English language meaning shall prevail.



    I've highlighted the aspects I deemed important.
    (Rmoved name and associations before I got my hand slapped again)

    Section 8.3 and 8.4 are a little confusing to me. (Is this allowing a single player to transfer funds from 1 casino to another, as you can not have multiple accounts...)
    8.3 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player in the same currency. Transfers to third parties are not permitted under any circumstances.
    8.4 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.
    And you wonder why people don't want to read these things?
    I have as much authority as the Pope, I just don't have as many people who believe it. ~ George Carlin.

  5. #5
    ksech's Avatar
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    I know, I feel like I'm bugged eyed now. But it seems players are getting caught up in loopholes in T&Cs lately. I know, when I was playing I never went back to read the T&Cs after I signed up.

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    I won't talk until my lawyer has arrived.

    English is not my first language, which makes reading and especially understanding stuff like this almost a mission impossible.

    Google translate is not very reliable.

    Derail:
    Got a spam mail a while ago, it said: WORDT KONINGKLIJK GESPOELD!
    It took a while before the coin dropped and I realised they used google translate and the original text must have been GET ROYAL FLUSHED.

    If I translate "WORDT KONINKLIJK GESPOELD" back to English you get something like:
    GET YOUR ROYAL ENEMA NOW!

    You see? Not very reliable.. but it was a good laugh.

    Sorry for the derail..

    I admit that I usually dont read all these general T&C's, too much of a headache.
    When playing at a new casino I check through them to see if there's anything about banned countries, and I read the bonus T&C's, as these are mostly put in a bit more understandable language, not all this lawyertalk.

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    Quote Originally Posted by De Beuker View Post
    GET YOUR ROYAL ENEMA NOW!
    That's what I've been getting from ALL the casinos lately!
    "I feel sullied and unusual" - Captain Jack Sparrow

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  10. #8
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    What a mess (from the US Microgaming clone). They have a term regarding "new registrants" which is completely irrelevant under the circumstances. The US clones are ONLY for existing "legacy" players, and since they ONLY offer services to the US, NO-ONE can register as a new player, not even from OUTSIDE the US (No-one would WANT to either, when they can have the FULL MGS experience, rather than a "crippled" clone).

    This is another reason why terms are unnecessarily complicated. Casinos seem to make use of "cut & paste" from other casinos' terms and conditions, rather than write their own that are SPECIFIC to what they are offering. This approach sometimes leads to contradictions between "cut & paste" terms and those later added to cover specific circumstances.

    The terms are also very open, enabling the casino to do pretty much what it wants to, yet be able to quote a term to justify the action.

    If the aim is for players to read AND UNDERSTAND the terms, many casinos have failed, but if the aim is to enable them to void bets and winnings, they have SUCCEEDED in giving themselves almost unlimited powers to do so within the broader interpretations of the terms.

    Casinos often justify the nastier terms by claiming "we never actually APPLY this term in the vast majority of cases", but this is of no comfort to those players who find they are a member of this "exclusive minority" where the "nasty" term IS applied.

    Rather than develop ever more complex terms, they should develop the SOFTWARE so that players CANNOT stray from those terms that relate to "playing style", and meeting wagering requirements before making withdrawals. The terms could be shrunk to only include items that cannot be controlled through the software, such as using stolen credit cards in a manner that bypasses security checks (such as through a third party like Click2Pay, where the casino cannot check the validity of the card itself).

    Some new features (such as being able to transfer funds from one casino account to another IN THE GROUP) have lead to even MORE terms and conditions. The benefit is mainly for the CASINO, because they save on processing fees that are incurred where players withdraw from one account in order to deposit and play in another. Despite this, players are offered WORSE terms on such transfers than they are when they withdraw and make a fresh deposit.

    Some of these terms are vague in favour of the PLAYER. Take the "no bots" term. This specifies that the software must be "AI" (Artificial Intelligence), which is beyind the scope of many "bots". This would ALLOW a bot that simply repeated a pre-programmed sequence. The definition of "AI" also EXCLUDES basic decision making software, where the same initial conditions ALWAYS leads to the same response. "AI" software can ADAPT, and has the capacity to learn from it's mistakes, and adapt it's decisions for future ocurrances of the same initial conditions. This term would NOT "ban bots", but only a small minority of bots, most of which are theoretical and do NOT exist in the field of online gambling (yet) because they are too specialised and expensive for "retail" users. This WILL probably change in the future, and true AI may soon be available to home users, and be able to play casinos, and especially POKER, to advantage. Currently, it is the POKER bot that does the damage, even though it lacks true "AI". Poker bots do nothing more than play live poker using mathematical "perfect strategy". They cannot be bluffed, and cannot bluff. Poker rooms hate them because their use drives away the human players, who CANNOT compete from a mathematical standpoint. Bots can also be programmed to collude, which is where they can do REAL damage to the integrity of poker.

    In a casino context, there can be no advantage gained by using a bot other than to play faster, and for longer. The ONLY time a bot helps in a casino is where a +EV promotional bonus has been given, and the bots are then used to play multiple instances of such bonuses quickly and efficiently, resulting in a near guarantee of a profit for the user.


    The other terms are pretty standard, and in many cases the casino is BLUFFING. Do you REALLY believe that a US facing MGS clone is going to

    6.3.4 furnish information about you to law enforcement agencies (if the reason for such termination, de-registration, exclusion or suspension was fraud or some other form of illegal misconduct)

    A US facing casino goes to great lengths to PREVENT law enforcement agencies from investigating their players for anything, since this will lead them to discover how the casino is able to move money under the noses of the US banks. When the US authorities DO discover it's being done, they have seized MILLIONS of dollars from the casinos, far more damage than any one player could ever do.

    The worst they will do is to record the details of such a player on an industry fraud blacklist, which will alert other casinos that the player cannot be trusted to "play fair".


    It is a good job for casinos that many player do NOT read all the terms, because if they did, many would be scared off by them from EVER playing online.

    If players could be encouraged to read the terms first, and ask questions when they are uncertain about something, the casinos would be FORCED to make changes to make them clearer and more relevant in order to keep players signing up, and to keep existing players playing.
    Empty Fruities Astern Capt'n
    Back to port for unloading.
    Full Sails - before we get raided ourselves.

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  12. #9
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    Quote Originally Posted by ksech View Post
    The first set of terms and conditions (post #1) were taken from an accreditted RTG casino.

    This set is taken from an MG US clone:


    Updated 11 a.m GMT on May 24, 2010
    THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS” AND/OR “AGREEMENT”) GOVERN YOUR USE OF ANY OF THE XXX XXXXX XXX CASINO WEB SITES AND SOFTWARE. BY USING THE CASINO, YOU AGREE TO THE FOLLOWING PROVISIONS. IT IS IMPORTANT THAT YOU FAMILIARIZE YOURSELF WITH THE PROVISIONS HEREIN BEFORE USING THE CASINO. YOU EXPRESSLY REPRESENT AND WARRANT THAT YOU WILL NOT OPEN, USE OR REUSE AN ACCOUNT AT THE CASINO, NOR PARTICIPATE AT THE CASINO IN ANY MANNER, NOR ACCEPT ANY PRIZE OR WINNINGS FROM THE CASINO IF YOU DO NOT UNDERSTAND, AGREE TO BECOME A PARTY TO, AND ABIDE BY ALL OF THE TERMS AND CONDITIONS SPECIFIED BELOW. IF YOU DO NOT AGREE TO BE BOUND BY (OR CANNOT COMPLY WITH) ANY OF THE TERMS AND CONDITIONS BELOW, DO NOT CHECK THE “I AGREE” BOX BELOW, DO NOT COMPLETE THE REGISTRATION PROCESS, AND DO NOT ATTEMPT TO USE THE CASINO IN ANY MANNER. FOR PURPOSES OF THESE TERMS AND CONDITIONS, “WE/US/OUR/COMPANY” REFERS T0 XXXXXXXX, LTD., AND ITS PARENT, AFFILATES, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES AND REPRESENTATIVES (COLLECTIVELY, “XXXXXXXX”), AND “YOU” REFERS TO THE INTENDED PLAYER OF THE CASINO WHO INDICATES HIS/HER ACCEPTANCE/REJECTION OF THESE TERMS AND CONDITIONS BELOW. COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS INTELLECTUAL PROPERTY LAWS AND TREATIES PROTECT THE CASINO.
    NOTICE
    1.1 We expressly reserve the right to modify, amend, supplement or modify these Terms and Conditions at any time without notice. The amended Terms and Conditions will be posted and made available on the casino. You are responsible for regularly reviewing these Terms and Conditions for changes and amendments. The revised Terms and Condition shall be effective immediately upon posting.
    1.2 If you do not agree to be bound by (or cannot comply with) these Terms and Conditions, as amended, your only remedy is to discontinue your use of the Casino.
    You will be deemed to have accepted the Terms and Conditions, as amended, if you continue to use the Casino after such amendment is effective.
    PARTICIPATION
    2.1 USE OF THE CASINO IS AT YOUR SOLE OPTION, DISCRETION AND RISK. You acknowledge that playing in the Casino exposes you to certain basic risks, including the possibility of losing money.
    2.2 GAMBLING AT THE CASINO 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/OR USING A CASINO IN ANY MANNER. You are solely responsible for ascertaining whether it is legal in your jurisdiction to play any of the games at the Casino. By placing real money wagers, you are expressly representing and warranting to us that it legally permissible to do so within your jurisdiction. We do not warrant the legality of your participation in the Casino in terms of the laws of your jurisdiction. We do not intend to enable you to contravene applicable law, and we are not responsible for any illegal or unauthorized use of the Casino by you. PLEASE CONSULT LEGAL COUNSEL IN THE APPLICABLE JURISDICTION IF YOU HAVE ANY DOUBTS ABOUT THE LEGALITY OF YOUR USE OF THE CASINO UNDER THE LAWS OF THE JURISDICTION THAT APPLY TO YOU.
    IMPORTANT NOTE:
    XXX XXXXX XXX Casino does not accept new account registrations from United States residents.
    Should you manage to register, deposit and play please note that ALL your winnings and deposits will be voided.
    Due to US gaming regulations, players residing in the following states: Illinois, Indiana, Kentucky, Louisiana, Michigan, Nevada, New Jersey, New York, Oregon, South Dakota, Utah, Washington, and Wisconsin, are not permitted to play the casino.

    2.3 Participation in the Casino and/or the downloading of any software connected thereto on a computer or any other device is strictly limited to persons 18 years of age and older, or the age of majority in your jurisdiction, whichever is greater. We reserve the right at any time to request that you furnish us with proof of your identity and age as a condition precedent to allow you further participation in the Casino. We may cancel a user's account and exclude a user from using the Casino if proof of age is not provided, or if we suspect that a user playing and/or utilizing the Casino in any manner is underage.
    2.4 Any and all play by an ineligible person, as determined in accordance with the provisions under this Agreement by us, in our sole discretion, shall be voided, including any winnings accruing to any ineligible person.
    2.5 No officer, director, employee, consultant or agent of the Company or any of its affiliate companies, suppliers or vendors is permitted to use the Casino directly or indirectly, for personal use and enjoyment. This restriction also applies to relatives of such persons and for purposes of this Agreement a “relative” includes, without limitation, any spouse, partner, parent, child or sibling.
    LEGALITIES & RULES OF PLAY
    3.1 The Casino operates in Kahnawake, Canada and is licensed under the terms of the Kahnawake Gaming Commission.
    3.2 In addition to these Terms and Conditions, the Company reserves the right to institute certain rules of play which shall also apply to you and be binding upon you with respect to your participation at the Casino. You hereby agree to be bound by such additional rules of play, as if they were specifically incorporated into these Terms and Conditions.
    3.3 We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account for any reason.
    PLAYER WARRANTIES
    4.1 In consideration for the rights granted to you to use the Casino, you expressly represent, warrant, covenant and agree that:
    4.1.1 it is your sole responsibility, prior to using the Casino, to understand the applicable laws of your jurisdiction with respect to a player's permitted use of online gaming facilities within your jurisdiction;
    4.1.2 you have verified that it is entirely legal for you to make use of online gaming facilities in your jurisdiction, and specifically the Casino, and there are no legal or other restrictions that would prevent or prohibit your participation in the Casino;
    4.1.3 you are an “adult”, having attained the minimum age of 18 and/or the age of majority within your jurisdiction, and are of sound mind, capable of taking responsibilities for your actions;
    4.1.4 you have furnished us with personal details that are valid, accurate, current and complete in each and every respect, and that you agree to promptly advise us of any changes to your personal details via email;
    4.1.5 you are the true and lawful owner of the monies with which you deposit and wager at the Casino and/or you are duly and properly authorized to utilize such monies in the Casino;
    4.1.6 you will not deposit or wager any monies at the Casino that are derived in any manner from illegal activities, including those which are described in Section VIII below;
    4.1.7 you will pay all monies owed to any of the Casino at which you've played. In furtherance thereof, you will not chargeback, counter-demand, reverse or deny any such payments;
    4.1.8 you are fully aware that there is a risk of losing money when gambling by means of a casino and that you are fully responsible for any such loss. You agree that your use of the Casino is at your sole option, discretion and risk;
    4.1.9 you acknowledge that in registering, playing and using a Casino, you are required to provide us with certain personal details about yourself (including details concerning your method of payment). We reserve the right to disclose certain of these details to third parties, including appropriate law enforcement agencies if we find or suspect illegal activity within your account. You hereby consent to this provision and the terms of our Privacy Policy;
    4.1.10 you are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings;
    4.1.11 you are solely responsible for any telecommunications devices, networks, GPRS, Internet access services and other consents and permissions required in connection with your use of a Casino; and
    4.1.12 you do not find the Casino and/or our promotions and other materials to be in any way offensive, indecent, objectionable or obscene.
    REGISTRATION, USER ID & PASSWORDS
    5.1 Prior to downloading and installing the Casino software to your computer or other device, you are required to register an account. You must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You will then choose a user ID and password. Upon registration, you shall be designated a casino account number and asked to choose confidential PIN.
    5.2 You are responsible for maintaining the confidentiality of your casino account number and PIN. We take no responsibility for any third party access to your account, and you are responsible for any and all activities that occur under your account, whether or not actually or expressly authorized by you. You could be held liable for losses incurred by us or another party due to someone else using your casino account number or password. Any distribution by you of your casino account number and PIN may result in the termination of your account as well as your right to play at or use the Casino, without refund of any money deposited therein (in addition to any other charges incurred by us based upon the unauthorized use). We will not be liable for any loss or damage arising from your failure to comply with these provisions and all transactions where your casino account and PIN have been entered correctly will be regarded as valid, whether or not authorized by you.
    5.3 You agree to immediately notify us of any unauthorized use of your casino account number and PIN or any other breach of security.
    5.5 At all times, you may only have one account, for which you will register using your own, correct name. You may not access a Casino 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 attempt to access a Casino by means of another person's account, we reserve the right to immediately close all your accounts and bar you from future use of any of the Casino.
    EXCLUSION, SUSPENSION AND TERMINATION
    6.1 We may refuse to register you as a player at the Casino or elect to de-register, exclude or suspend you as a player from the Casino at any time, for any reason or for no reason whatsoever.
    6.2 You acknowledge that we have no obligation whatsoever to provide you with prior notice of our decision to refuse, de-register, exclude or suspend you as a player, nor are we required to furnish you with any reasons for such decisions.
    6.3 If we de-register, exclude or suspend you from the Casino, we shall have the unlimited right to:
    6.3.1 withhold payment to you of any contested funds, whether such funds are deposits, refunds, bonuses, free monies, Casino credits, payouts or the like;
    6.3.3 establish the specific criteria with which you must comply in order to be allowed access to the Casino (and your account, if applicable); and
    6.3.4 furnish information about you to law enforcement agencies (if the reason for such termination, de-registration, exclusion or suspension was fraud or some other form of illegal misconduct), collection agencies and/or intra-group casino databases. You hereby irrevocably authorize us to do so in our absolute discretion.

    6.4 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 we liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
    DORMANT ACCOUNTS
    7.1 Your account will be deemed “dormant” if it has not been accessed for at least six (6) calendar months, as determined from the last time you performed an action in the account (e.g., made a purchase or placed a bet).
    7.2 If your account should become dormant, we will notify you via email (the “Notification Email”) of any “real” balance that might be remaining in the account (e.g., real funds do not include promotional or bonus funds).
    7.3 You will have thirty (30) days from the date of the Notification Email to claim any remaining balance. If you fail to do so, your account will be closed and the remaining balance will be forfeited to the Casino.
    7.4 If you discover, however, that your account has been closed and balance forfeited in accordance with the provisions of this Section VII, you may lay a claim to such monies upon written application to the Casino. The Casino, in its sole discretion, shall decide whether or not you are entitled to the funds (or any portion thereof) stated in your written application. The Casino's decision shall be final and binding.
    7.5 You acknowledge that monies held in your account will not bear interest.
    7.6 Bonus credits not played within 30 days of being awarded will be deemed to have expired and will be removed.
    MONEY LAUNDERING & OTHER PROHIBITED USES
    8.1 It is the law in almost all jurisdictions which have strict money laundering rules and regulations that we are required 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, among other actions, (i) involve funds derived from illegal activities, (ii) are intended to conceal funds from illegal activities, or (iii) involve the use of a Casino to facilitate criminal activity.
    8.2 In order to assist in the prevention of money laundering, no cash shall be accepted to fund any account at a Casino and no substantial or exceptional withdrawals, whether individually or cumulatively, shall be made unless notarized copies of at least two (2) of the following are received:
    8.2.1 a most recent bank statement from the bank where your wagers/deposits originated;
    8.2.2 a driver's license; or
    8.2.3 a current and valid passport.

    8.3 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player in the same currency. Transfers to third parties are not permitted under any circumstances.
    8.4 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.
    8.5 We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Casino. You shall not break into, access or attempt to break into or access or otherwise circumvent our security measures. If, in our sole discretion, you are in breach of this section, we reserve the right to terminate your access to the Casino immediately and/or have your account blocked, and we may inform interested third parties of your breach.
    8.6 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 Casino. We constantly review the use of the Casino 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 your access to the Casino, terminating your account and seizing all monies held in such account.
    INTELLECTUAL PROPERTY
    9.1 In accordance with the provisions of these Terms and Conditions, we hereby grant to you a revocable, non-exclusive, non-transferable limited right and license to use the Casino, as well as the underlying software thereto, all of which constitutes our sole and exclusive intellectual property or that of our licensors.
    9.2 You acknowledge and agree that all patents, copyrights, trademarks and other intellectual property rights in and to all of the materials and features supplied as part of the Casino 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.
    9.3 Under no circumstances may you copy the materials contained within the Casino to any computer, network server or location for reproduction or distribution. You may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software underlying the Casino under any conditions. In addition, you may not transmit, publish, display, distribute, commercially exploit, tamper with, modify or create derivative works based on the Casino. The restrictions contained herein apply equally to any and all updates, patches or subsequent versions of a Casino that may be provided to you.
    9.4 The terms “XXX XXXXX XXX” and any other trademarks, service marks and/or trade names (collectively, the “Marks”) utilized in connection with the Casino are the trademarks, 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 Marks. In addition, other content on the Casino, including, without limitation, the software, images, pictures, graphics, text, photographs, animations, videos, music and audio (collectively, the “Site Content”) belongs to us or one of our group companies or one of our licensors and is protected by applicable copyright and/or other intellectual property rights. You hereby acknowledge that by using a Casino, you obtain no rights in the Marks or the Site Content thereon, and must not use them in any manner not permitted herein without our prior written approval.
    9.5 You agree that you will not use the Casino in any manner which: (i) violates or misappropriates or could result in a violation or misappropriation of our intellectual property rights, (ii) is abusive or harassing to us or any other user/player, (iii) compromises or could comprise the stability, integrity or availability of the Casino or the network upon which they reside; (iv) circumvents or could circumvent any security measures or any payment methods employed on the Casino; or (v) interferes with any other party's use and enjoyment of the Casino.
    PROMOTIONS AND PUBLICITY
    10.1 If, while playing at a Casino, you win a sum of money or any other prize regarded by us, in our sole discretion, as worthy of publicity, you grant to us the right to use your first name in any press releases and/or promotional materials, and agree to make yourself reasonably available for any event(s) arranged by the Casino, at the Casino's cost and expense.
    10.2 It is understood that we shall, from time to time, run certain promotions and competitions through the Casino. These promotions and competitions will likely have separate terms, conditions and rules that are specific to it. These Terms and Conditions shall also apply to any such promotion or competition. In the event of a conflict between these Terms and Conditions and the specific provisions of the promotion or competition, the promotion / competition specific provisions shall govern but only to the extent of the conflict and in no other manner.
    10.3 In the event that we believe 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 us, then we may, at our 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 Casino and/or block that user's account.
    WARRANTY
    11.1 ALL SERVICES, FEATURES AND APPLICATIONS THAT ARE MADE AVAILABLE TO YOU, INCLUDING THE CASINO ITSELF, ARE PROVIDED "AS IS." XXXXXXXX, AND ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES MAKE NO WARRANTY TO YOU OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, COMPLETENESS, OR FITNESS FOR A PARTICULAR USE OR PURPOSE AS TO THE CASINO, OR AS TO ANY OTHER MATTER, ALL SUCH WARRANTIES HEREBY BEING EXPRESSLY EXCLUDED AND DISCLAIMED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE CASINO.
    11.2 Neither XXXXXXXX, nor its parent or any of its affiliates, agents, network service providers, partners, representatives or employees warrant that the Casino will be free from any virus or other code that is contaminating or destructive by nature and you are responsible for implementing and maintaining sufficient procedures to satisfy your particular requirements for accuracy of data input and output as well as protection from such viruses or other code that may contaminate or destroy your mobile phone, system or data.
    11.3 Neither XXXXXXXX, nor its parent, affiliates, agents, network service providers, partners, representatives or employees, warrant that the Casino is error-free or will operate without packet loss or interruption, nor does XXXXXXXX warrant any connection to or any transmission over the Internet.
    11.4 In the event of a Casino system and/or communication malfunction, Casino will not be liable to you, in accordance with section 12.1 herein below, as a result of any such malfunction and the Casino reserves the right to void all unconfirmed bets.
    LIMITATION OF LIABILITY
    12.1 IN NO EVENT SHALL XXXXXXXX, ITS PARENT, AFFILIATES, AGENTS, REPRESENTATIVES, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY RESPECT FOR ANY COSTS OR DAMAGES ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE CASINO, INCLUDING WITHOUT LIMITATION ANY ACTUAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, USE, DATA, GOODWILL OR BUSINESS OPPORTUNITIES OF ANY KIND OR NATURE WHATSOEVER, ARISING IN ANY MANNER FROM ANY CAUSE OF ACTION OR CLAIM RELATING TO THESE TERMS AND CONDITIONS OR TO THE USE OF THE CASINO (EVEN IF XXXXXXXX HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES). THIS LIMITATION OF LIABILITY APPLIES EQUALLY TO ANY THIRD PARTIES WITH WHOM AQUACUBE ENTERS INTO A BINDING AGREEMENT TO MARKET, DISPLAY AND/OR DISTRIBUTE THE CASINO (OR ANY DERIVATION THEREOF) AND SUCH THIRD PARTIES SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY OF THE DAMAGES SET FORTH ABOVE.
    12.2 THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. XXXXXXXX'S ENTIRE LIABLITY FOR ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE (EXCEPT TO THE EXTENT PROHIBITED BY LAW), SHALL NOT EXCEED ONE HUNDRED (US$100.00) US DOLLARS.
    12.3 UNDER NO CIRCUMSTANCES SHALL XXXXXXXX, ITS PARENT, AFFILIATES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, REPRESENTATIVES OR EMPLOYEES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE OF THE CASINO RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATIONS EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, LABOR DISPUTES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, EXPLOSIONS, TERRORIST ATTACKS, WAR OR OTHER ACTS OF GOD.
    INDEMNIFICATION
    13.1 You agree to indemnify, defend and hold us harmless from and against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive) arising from your use and participation of the Casino. The nature of your participation may include, without limitation, inter alia:
    13.1.1 visiting, using or reusing the Casino;
    13.1.2 using or reusing any materials obtained from the Casino;
    13.1.3 entering, using or reusing the Casino or proxy server;
    13.1.4 facilitating or making a deposits into your account at the Casino;
    13.1.5 wagering or gaming at the Casino (including participating in the non-gambling games available at the Casino or web site);
    13.1.6 accepting and using any winnings or prize from the Casino; or
    13.1.7 using or reusing the Casino software, whether downloaded from the website or by any other means or through any other medium.
    TERM & TERMINATION
    14.1 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 the terms and conditions herein.
    14.2 We may terminate this Agreement and your account (including your username and password) immediately without notice:
    14.2.1 if for any reason we decide to discontinue the Casino;
    14.2.2 if we believe that you have breached any of the terms of this Agreement;
    14.2.3 if your use of the Casino has been in any way improper or breaches the spirit of this Agreement; or
    14.2.4 for any other reason we see fit. Except as otherwise provided in this Section 14.2 or otherwise in this Agreement, 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 to us by you.
    14.3 You may terminate this Agreement and your account (including your username and password) at any time by sending an email to the appropriate point of contact at each of the respective Casino (i.e., support@XXXXXXXXXXX.com), such termination to take effect upon us terminating your account (including username and password), which shall occur within seven (7) calendar days after receipt of your email on our servers. During such interim period, you shall remain responsible for any activity on your account between sending us an email and the termination of your account by us.
    14.4 On termination of this Agreement you shall be required to discontinue your use of the Casino, pay all amounts due and owing to us, and remove the Casino software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
    14.5 The right to terminate this Agreement under this Section 14 by either party shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
    14.6 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.
    GENERAL PROVISIONS
    15.1 These Terms and Conditions and the relationship between you and us shall be governed in accordance with the laws of the Isle of Man. Any dispute arising hereunder regarding these Terms and Conditions will be subject to the exclusive jurisdiction of the courts in the Isle of Man. You irrevocably agree to submit to such exclusive jurisdiction and you expressly waive all defenses to jurisdiction. The foregoing notwithstanding, we may commence a proceeding on the basis of temporary or permanent equitable relief in any jurisdiction of our choosing. These Terms and Conditions will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
    15.2 If any part of these Terms and Conditions is found void and unenforceable, it will not affect the validity or the balance of the remaining provisions, which shall remain valid and enforceable according to its terms. Our failure to insist upon or enforce strict performance of any provision herein shall not be construed as a waiver of any provision or right. Neither the conduct between the parties nor trade practices shall act to modify any provision of these Terms and Conditions. You acknowledge that XXXXXXXX and you are independent contractors, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship between us. We reserve the right to assign our rights and duties under these Terms and Conditions to any party at any time without notice to you, but you may not assign your rights and obligations under any circumstances. Nothing in this Agreement shall be construed 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. These Terms and Conditions constitute the entire agreement between us relating to your use of the Web Site and/or Casino and supersedes any prior representations, discussions, undertakings, communications or advertising with respect thereto. You may not amend these Terms and Conditions in any manner without our express prior written approval. In the case of any language discrepancies between the meanings of any translated versions of this Agreement, the English language meaning shall prevail.



    I've highlighted the aspects I deemed important.
    (Rmoved name and associations before I got my hand slapped again)

    Section 8.3 and 8.4 are a little confusing to me. (Is this allowing a single player to transfer funds from 1 casino to another, as you can not have multiple accounts...)
    8.3 Funds, loyalty points, and/or casino credits may only be transferred between casino accounts registered to the same player in the same currency. Transfers to third parties are not permitted under any circumstances.
    8.4 Any large or unusual requests to transfer funds, loyalty points, and/or casino credits between the accounts of a single player are subject to the review and approval of casino management.

    OMG! Any chance we can have a name attached to this particular casino?

    This is nearly as frightening as the FEMA thread!

  13. #10
    all4greed's Avatar
    all4greed is offline It's All About Ruby
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    I don't bother reading all the mind numbing mumbo jumbo terms and conditions that a casino can change at whim. Even glancing at the above makes my head hurt.

    Give me only the terms and conditions for the bonus and for the most part it's good to go. Never had any issues but then I don't go for complicated things.

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