FortunePUB Group Operated Sites and Services End-User License Agreement
This License Agreement was last updated on 12th March 2013.
Brenor Holding Ltd (the 'Company' or 'we') is incorporated under the laws and is part of the fortunepub.com group of companies. The Company is licensed and regulated by the Government of Malta under the relevant laws of the Gaming Ordinance of Malta for the purposes of operating and offering Internet gambling services including, but not limited to, casino, poker, sports betting and bingo services.
In addition to offering its gambling services via the Internet (the 'Internet Platform'), the Company may from time to time offer its services via alternative platforms such as (i) interactive television, (ii) mobile gambling platforms and (iii) in-flight entertainment platforms (each, an 'Alternative Platform').
When you use the Company's gambling services either via an In-House Brand or a White Label Brand, and whether such use is via the Internet Platform or an Alternative Platform, this End-User License Agreement (the 'Agreement') shall apply to such use to such extent as is applicable to the circumstances.
1.1. By registering with the Company and/or by using the Company's gambling services and/or by marking the 'I have read and agree to the terms of the End User License Agreement' box below (or any other similar wording) and/or clicking on the 'Registration' button, you agree to be bound by this Agreement in its entirety and without reservation. As such, this Agreement constitutes a binding legal document between you and the Company and together with the Additional Rules which are deemed to be an integral part hereof, this Agreement shall govern your use of our gambling services at all times.
1.2. The Company operates under a remote gambling license granted by the Government of Malta under the provisions of the Gaming Ordinance. All transactions between you and the Company take place in Malta where the Company's principal servers are located.
1.3. In respect of your use of the Services, you may only have one account, for which you will register using your own actual name. You shall access the Software and use the Services only via your own account and you may never access the Software or use the Services by means of another person's account. Should you attempt to open more than one account, under your own name or under any other name, or should you attempt to use the Services by means of any other person's account, we will be entitled to immediately close all your accounts, retain all monies in such accounts and bar you from future use of the Services.
1.4. If deemed applicable, the Company may decide in its sole discretion to prevent multiple accounts being registered by anyone from the same family or living in the same household. The Company shall not be responsible in any way for preventing the registration of multiple accounts, but can take action on any person opening multiple accounts as required, including but not limited to situations where accounts are registered from the same household, regardless of the registration details provided at the time of opening such accounts.2. Acceptance of Terms and Conditions
2.1. If you do not agree to any of the provisions of this Agreement you should immediately stop using the Software and remove the Software from your computer.
3.1. Internet gambling may not be legal in some jurisdictions. You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Services and the Company makes no representations whatsoever as to the legality of the Services in your jurisdiction. Please verify the relevant laws in your jurisdiction before registering with the Company and using the Services.
3.2. The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Software and the Services will comply with all applicable laws, statutes and regulations. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by you. Please consult legal counsel in the applicable jurisdiction if you have any doubts about the legality of your use of the Software and the Services under the laws of any jurisdiction that applies to you. By accepting these terms, you agree to assist the Company, to the extent you are able, with its compliance with applicable laws and regulations.
3.3. Persons located in certain countries including, but not limited to, the United States of America neither eligible to open an account with the Company, make any deposits nor use the Services. The Company reserves the right to amend the list of countries from which it will not accept users of the Service from time to time in its sole discretion.4. Permitted Participation
4.1. No-one under the age of 18 or the age of legal consent for engaging in the activities included in the Services under the laws of any jurisdiction, whichever is higher ('Legally of Age') may download the Software or use the Services under any circumstances and any person not Legally of Age who downloads the Software or uses the Services will be in breach of the terms of this Agreement. The Company reserves the right to request proof of age at any stage, including by means of a voice sample, to verify that persons not Legally of Age are not using the Services. The Company may cancel a person's account and exclude a person from using the Software or the Services if proof of age is not provided or if the Company suspects that a person using the Software or the Services is not Legally of Age.
4.2. We reserve the right to verify your registration details, such as name, address, age, and payment methods used, at any time, by requesting certain documents. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method, and can be sent to us through the 'Upload Your Documents' feature in your Cashier. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event our requests for documents are not completed by the member, the Company may at its sole discretion terminate the account, and withhold any funds that are present therein. Should the documents fail our internal security checks - for example, if we suspect that they have been tampered with, or are in any way provided to mislead or misrepresent - we shall be under no obligation to accept such documents as valid, and under no obligation to provide feedback on the exact nature of our findings with regards to these documents.
4.3. We reserve the right to perform background checks on any member, for any reason, including (but not limited to) any investigation into the identity of the member, any credit checks performed on the member, or any enquiries into the member's personal history. The basis for such investigations will be dependent on the specific case, but could include (but is not limited to) verification of the member's registration details, such as the name, address and age, verification of the member's financial transactions, and verification of the member's gaming activity. The Company is under no obligation to advise the member of such an investigation taking place. Such activities may include the use of specific third party companies, who perform the investigations as required. The Company may decide at its sole discretion to block a member's account, and withhold all funds, on the basis of such an investigation and its positive outcome for the Company.
4.4. During their engagement period and for a period of 24 months thereafter, no officer, director, employee, consultant or agent of the Company or any of its group companies or its suppliers, vendors or white label partners is permitted to use the Services directly or indirectly, nor is any supplier or vendor. This restriction also applies to relatives of such persons and for this purpose 'relative' includes, but is not limited to, any of a spouse, partner, parent, child or sibling. Further, neither Maltaians nor residents of Malta are permitted to download the Software or use the Services.5. Information Technology/Intellectual Property
5.1. The Company hereby grants you the non-exclusive, non-transferable, non-sub-licensable right to install and use the Software and all content derived from the Software, including, but not limited to, the copyright and all other intellectual property rights therein, in connection with the Services in accordance with this Agreement. You may install the Software on a hard disk or other storage device and may make back up copies of the Software, provided that such back up copies are used only by you in connection with the Services through a computer of which you are the principal user. The Software's code, structure and organization are protected by intellectual property rights. You must not
a. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
b. sell, assign, sublicense, transfer, distribute or lease the Software;
c. make the Software available to any third party through a computer network or otherwise;
d. export the Software to any country (whether by physical or electronic means); or
e. use the Software in a manner prohibited by applicable laws or regulations.(together the 'Prohibited Activities').
5.2. You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
5.3. You hereby acknowledge that by using the Services or the Software you obtain no rights in the Trade Marks or the Site Content and you may only use the same in complete accordance with this Agreement.6. Your Representations and Undertakings
6.1. In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant and agree that:
6.2. You are Legally of Age as defined in this Agreement, you are of sound mind and you are capable of taking responsibility for your own actions.
6.3. All details provided by you to the Company either during the registration process or at any time thereafter, including as part of any payment deposit transaction, are true, current, correct and complete and match the name(s) on the credit/debit card(s) or other payment accounts to be used to deposit or receive funds in your account. Without derogating from the aforementioned, should you use a credit/debit card or any other form of payment which is not in your private and personal name, we will presume that you have received complete and sufficient consent from the rightful owner and/or the person whom name is used on such payment instrument to make use of such payment instrument for the purposes herein, prior to your engagement with us. We shall not be obligated in any manner to examine such consent and shall bear no responsibility with respect to your representations hereunder. You will promptly notify us of any changes to details previously provided by you to the Company. From time to time you may be requested to provide us with certain documents to verify the details of the credit card used by you to deposit money to your account. Depending on the outcome of these verification checks you may or may not be permitted to deposit further monies with the credit card previously used by you. Should any of the information that you provide to us be untrue, inaccurate, misleading or otherwise incomplete, you will be in breach of contract and we reserve the right to terminate your account immediately and/or prevent you from using the Software or the Services, in addition to any other action that we may choose to take.
6.4. Your account with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services or the Software and you shall be fully responsible for any activities undertaken on your account by a third party. You will not reveal your account username or password to any person and you shall take all steps to ensure that such details are not revealed to any person. You shall inform us immediately if you suspect that your account is being misused by a third party and/or any third party has access to your account username or password so that we may investigate such matter, and you will cooperate with us, as we may request, in the course of such investigation.
6.5. You are responsible for the security of your username and password on your own PC or internet access location. If this username password combination is "hacked" from your computer, due to any viruses or malware that is present on the computer that you access your account with, this is your responsibility. You should report any possible hacking attempts or security breaches from your computer terminal immediately to the Company.
6.6. You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction that applies to you.
6.7. You fully understand the methods, rules and procedures of the Services and Internet gambling in general. You understand that it is your responsibility to ensure the details of bets and games are correct. You will not commit any acts or display any conduct that damages the reputation of the Company.
6.8. You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Company or any company within the FortunePUB group of companies or any white label partner or their respective directors, officers or employees.
6.10. You shall use our Internet sites (the 'Sites'), the Services and the Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, all as amended from time to time, and you shall abide by all of the rules and instructions for playing the games that comprise the Services.
6.11. 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 paid to you.
6.12. You acknowledge and agree that the Company may publish the amounts you have won alongside your username on the Sites and/or through social networks.
6.13. You are solely responsible for any telecommunications networks and Internet access services and other consents and permissions required in connection with your use of the Software and the Services.
6.14. You shall use the Services and the Software only in good faith towards both the Company and other players using the Services. In the event that the Company deems that you have been using the Services or the Software in bad faith the Company shall have the right to terminate your account with the Services and any other accounts you may hold with the Company and the Company shall be entitled to retain all monies therein. You hereby expressly waive any future claims against the Company in such regard.
6.15. You acknowledge and agree that should you choose to self-exclude from any of the Sites, you shall not be permitted to open or use a new account with any other Site operated by the Company during your selected self-exclusion period, until such self-exclusion has been lifted and the original account reopened. In the event you are in breach of the foregoing, we shall be entitled to block any new account you open with another Site, forfeit any funds you may deposit (or have previously deposited) therein, and shall not be liable to refund to you any funds you may have wagered or won through such account.7. Prohibited Uses of the Sites and Services
7.1. Illegal Funds and Unlawful Activities: You declare that the source of funds used by you for gambling on the Sites is not illegal and that you will not use the Services in any way as a money transfer system. You will not use the Services for any unlawful or fraudulent activity or prohibited transaction (including money laundering) under the laws of any jurisdiction that applies to you (in particular, the laws of Malta). If the Company has a suspicion that you may be engaging in or have engaged in fraudulent, unlawful or improper activity, including, without limitation, money laundering activities, or conduct otherwise in violation of this Agreement, your access to the Services may be terminated immediately and/or your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company's other websites or servers, or accessing any other services offered by the Company. The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions (together 'Interested Third Parties') of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity. In the interests of fair play on our Sites it is prohibited to utilise any recognised betting techniques to circumvent the standard house edge in our games. This includes (but is not limited to) any attempts at card counting. If the game play on your account indicates that you are using such betting techniques we shall immediately block the account and retain any funds in said account.
7.2. Circumvention: We have developed and employ sophisticated proprietary technology intended to seek out and identify users making fraudulent or unlawful use of the Services or Software. You shall not break into, access or attempt to break into or access or otherwise circumvent the Company's security measures. If, the Company believes, in its sole discretion, that you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked, and the Company may inform Interested Third Parties of your breach of this clause.
7.3. Artificial Intelligence - Robots: You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence ('AI Software') in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending user, terminating such user's account and seizing all monies held in such account.
7.4. Intentional Disconnection: You are not allowed to intentionally disconnect from a game while playing on the Sites. We have developed and employ elaborate methods which enable us to seek out and accurately identify users who carry out an intentional disconnection during a game. If, in the Company's sole discretion, you are in breach of this clause, the Company may terminate your access to the Services immediately and/or have your account blocked. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund to you any funds that may be in your account. In addition to terminating your access to the Services and/or blocking your account, the Company reserves the right to prevent you from accessing any of the Company's other websites or servers, or accessing any other services offered by the Company.8. Your Account
8.1. Your account is for your sole personal use only and shall not be used for any professional, business or commercial purpose.
8.2. We take no responsibility for any third party access to your account and under no circumstances shall the Company be liable for any losses incurred by you as a result of misuse of your password by any person or for any unauthorized access to your account and all transactions where your user name and password have been entered correctly will be regarded as valid, whether or not authorized by you.
8.3. Monies held in your account shall not attract any interest.
8.4. Should you fail to use your account for six months your account will be considered a 'dormant account'. The six-month period will run from the date of your last login to your account. In the case of a dormant account, the Company will levy a monthly administration fee at a rate of percent10 of the balance in the account on the date that it became dormant. The administration fee shall be deducted from the dormant account commencing from the last day of the sixth month in which the account is inactive and on the last day of every month thereafter, until the balance of the account has reached zero. In the event that you login to your account during the ten-month period during which the administration fee is levied, the Company will cease to levy the administration fee but shall not be obligated to return to you any monies already deducted from the account at such time.
8.5. The Company may from time to time implement a rounding policy in relation to monies deposited by or cashed-out to members where currency conversion is involved. The effect of this policy shall be that deposit or cash-out amounts in currencies other than US Dollars might be rounded up or down on conversion to or from US Dollars. By way of example only, if according to the exchange rate a USD10 deposit is converted by the Company into USD13.61 then your account will be credited with USD14.00. Details of the rounding policy in effect from time to time will be available to you at the point that any monies are converted.
8.6. We reserve the right to limit or refuse any bet, stake or other wager made by you or through your account.9. Payment Transactions and Payment Fraud
9.1. Each user of the Service is fully responsible for paying all monies owed to the Company. You agree that you will not make or attempt to make any charge-backs, and/or deny or reverse any payment that you have made and you will reimburse the Company for any charge-backs, denial or reversal of payments you make and any loss suffered by the Company as a consequence thereof. The Company may, at its sole discretion, cease to provide the Services or withhold payment to certain users or to users paying with certain credit cards.
9.2. We reserve the right to run credit checks on all users with third party credit agencies, on the basis of the information provided to us on registration.
9.3. We reserve the right to use third party electronic payment processors and/or financial institutions to process payments made by and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third party electronic payment processors and/or financial institutions.
9.4. In the case of suspected or fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any charge-back or other reversal of a payment), we reserve the right to block a user's account, reverse any pay-out made and recover any winnings. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or otherwise unlawful activity, and may employ collection services to recover payments. However, under no circumstances shall the Company be liable for any unauthorized use of credit cards, irrespective of whether or not the credit cards were reported stolen.
9.5. Our expectation is that our members will deposit in order to actively play with their own funds. On accounts where this does not seem to be the case, we reserve the right to enforce a wagering amount on your deposited funds, before allowing any withdrawal from said account. This wagering amount will be a multiplication of the total deposited funds, which we will specify depending on the case (for example 1 x the deposited amount). We reserve the right to require this wagering to be performed in specific games, and to exclude certain low risk bets or game types, at our discretion.
9.6. All payments into your account must be from a single payment source, such as a credit card, debit card or charge card, on which you are the named account holder.
9.7. The withdrawal of funds is available only if there is a status of "Player".
9.8. The "Player" status is automatically assigned to all clients whose deposits exceed $100.10. Bonuses
10.1. All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to your account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time.
10.2. In the event that the Company believes a user of the Service 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 gambling policy adopted by the Company, then the Company may, at its sole discretion, deny, withhold or withdraw from any user any bonus or promotion, or rescind any policy with respect to that user, either temporarily or permanently, or terminate that user's access to the Services and/or block that user's account.
10.3. All users of the Services shall be entitled only to one welcome bonus. Members who make their first deposit with the Company or any of its white label partners and who have or previously had an account with any of the Sites owned or operated by the Company, including both In-House Brands and White Label Brands, shall not be entitled to an additional welcome bonus, unless the Company decides otherwise at its absolute discretion.
10.4. In the event that the Company deems in its sole discretion that you have been taking unfair advantage of the Company's welcome bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on any of the Sites owned and/or operated by the Company, the Company shall have the right to block or terminate your accounts with the Company and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your accounts other than your original deposit amounts.
10.5. If we have reason to suspect that an account or group of accounts are operating systematically - for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account, other than your original deposit amounts, if said amount remains.
10.6. Please be advised that the 'confirm your ID' bonus is issued at the Company's discretion and therefore may not be available for all members who verify their identity with us. We reserve the right to remove this bonus offer at any time. Certain criteria will be taken into consideration when determining which members will receive the verification bonus, such as registration country, deposit amount, deposit payment type, and other details of the account. Please contact email@example.com if you require further information on this specific bonus offer, and the eligibility of your account for it.11. Obligations of the Company
11.1. The Company has no obligation to check whether users are using the Services in accordance with this Agreement or the Additional Rules, as updated from time to time.
11.2. Under no circumstances shall the Company be obligated to investigate or pursue any complaints made by a player against any other player using the Services or to take any other action in connection therewith, or take any action against a player for any reason, including without limitation for violating the terms of this Agreement. The Company may, at its sole discretion, decide to take appropriate action against any person it suspects of engaging in any unlawful behavior or otherwise violating the terms of this Agreement, but is under no obligation to do so.
11.3. The Company has no obligation to maintain account names or passwords. If you misplace, forget or lose your account name or password because of anything other than the Company's error, the Company shall not be liable.
12.1. THE SERVICES AND THE SOFTWARE ARE PROVIDED 'AS IS'. THE COMPANY MAKES NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY OF THE SERVICES OR THE SOFTWARE OR INFRINGEMENT OF APPLICABLE LAWS AND REGULATIONS. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SOFTWARE LIES WITH YOU.
12.2. THE COMPANY MAKES NO WARRANTY THAT THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SERVICES.
12.3. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA BY YOU OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE, THE COMPANY SHALL IN NO WAY BE LIABLE TO YOU AND THE COMPANY RESERVES THE RIGHT TO VOID ALL GAMES IN QUESTION AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS SAVE THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
12.4. THE COMPANY SHALL NOT BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE SITE.13. Limitations of Liability
13.1. You agree that you are free to choose whether to use the Services and do so at your sole option, discretion and risk.
13.2. The Company shall not be liable to you or any third party in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your, or any third party's, use of the Software or the Services, whether direct or indirect, including, without limitation, damage for loss of business, loss of profits (including loss of or failure to receive anticipated winnings), business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
13.3. The Company shall not be liable in contract, tort, negligence, or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Sites. The Company is not responsible for the content contained on any Internet site linked to from the Sites or via the Services.
13.4. You confirm that the Company shall not be liable to you or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
13.5. Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.
13.6. You agree that, in the event that the Software or Services fails to operate correctly as a result of, but not limited to, any delay or interruption in operation or transmission, any loss or corruption of data or communication or lines failure, any person's misuse of the Sites or its contents or any error or omission in content or any other factors beyond our control:
a.the Company will not be responsible for any loss, including loss of winnings, that may result; and
b.if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.14. Breach of these terms and conditions
14.1. You agree to fully indemnify, defend and hold the Company, its white label partners and their respective companies and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result:
a. of any breach of this Agreement by you;
b. violation by you of any law or the rights of any third party;
c. use by you of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
d. acceptance of any winnings.
14.2. In addition to any other remedy available, if you breach any of these terms and conditions of this Agreement or the Company has reasonable grounds for suspecting that you have breached the terms and conditions of this Agreement, in addition to any other remedies available to the Company, your winnings may be forfeited at the discretion of the Company and the Company may retain any positive balance then existing in your account on account of any damages or other amounts owed by you to the Company pending investigation and/or the conclusion of any legal proceedings. Failure to comply with this Agreement may also result in disqualification, account closure and/or legal action being taken against you.15. Disputes
15.1. You accept and agree that random number generator will determine the randomly generated events required in connection with the Services and where the result shown on the Software (as installed and operated by your hardware) conflicts with the result shown on our server, the result shown on our server shall in all circumstances take precedence. You understand and agree that (without prejudice to your other rights and remedies) the Company records shall be the final authority in determining the terms of your use of the Services and you shall have no right to dispute the Company's decisions in regard to such matters.
15.2. No claims or disputes will be considered more than seven days after the date of the original transaction and all claims or disputes should be raised with the customer service department at fortunepub.com or via the support email relevant to a White Label Brand.16. Duration and Termination
16.1. This Agreement shall come into force immediately upon your completion of the registration process with the Company and shall continue in force unless and until terminated in accordance with its terms.
16.2. We may terminate this Agreement and your account (including your username and password) immediately without notice:
a. if for any reason we decide to discontinue to provide the Services in general or specifically to you;
b. if we believe that you have breached any of the terms of this Agreement;
c. if your use of the Services has been in any way improper or breaches the spirit of this Agreement;
d. if your account is associated in any way with any existing account that has been terminated. If your account is associated with, or related to,existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts; or
e. for any other reason we see fit. Save for as otherwise provided herein, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.
16.3. You may terminate this Agreement and your account (including your username and password) at any time by sending an email to us at fortunepub.com or via the support email relevant to a White Label Brand, such termination to take effect upon the Company terminating your account (including username and password), which shall occur within 7 calendar days after receipt by the Company of your email on our servers in Malta, provided that you shall remain responsible for any activity on your account between sending us an email and the termination of your account by the Company.
16.4. On termination of this Agreement you shall:
a. discontinue the use of the Software and the Services;
b. pay all amounts due and owing to the Company; and
c. remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
16.5. The right to terminate this Agreement given by this clause shall not prejudice any other right or remedy of either party in respect of the breach concerned (if any) or any other breach.
16.6. 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.
16.7. In the event of our termination of this Agreement on account of your breach of this Agreement (including the Additional Rules) the Company will be under no obligation to refund to you any funds that may be in your account and you shall have no claims against the Company in such regard.
16.8. If you have chosen to self exclude yourself, your account will be closed throughout all of the Company brands. However, if you choose a temporary "Take a Break" period, your account will be closed only at the requested Company brand. It is your obligation to abide by this restriction for the duration of the set period. If you open new accounts, whilst under a period of self exclusion or a "Take a Break" period from any of the brands operated under the Company's umbrella, we will close all accounts as soon as detected. We are not obligated to refund to you any deposits or funds from the account that you opened while such self-restriction was in place.
16.9. If you have previously had any issue with gaming addiction, financial difficulty, or any other such issue accounted for under our "Responsible Gaming" procedure, it is your responsibility to refrain from opening new accounts whilst such issue is in place. For example, if you have previously been blocked for a gaming addiction with any brand operated by the Company, it is your obligation to refrain from opening new accounts in any of the brands operated by the Company. If you do so, we will close all accounts as soon as detected. We are not obligated to refund to you any deposits or funds from the account that you opened whilst such issue was in place.17. General
17.1. If any part of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of this Agreement and shall not affect the validity and enforceability of any of the remaining provisions of this Agreement. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
17.2. No waiver by us of any terms of this Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of this Agreement.
17.3. Unless otherwise expressly stated, nothing in this Agreement shall create or confer any rights or any other benefits to third parties.
17.4. Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
17.5. This Agreement contains the entire agreement between the Company and you relating to your use of the Software and the Services and supersedes any and all prior agreement between the Company and you in relation to the same. You confirm that, in agreeing to accept this Agreement, you have not relied on any representation save insofar as the same has expressly been made a representation by the Company in this Agreement.
17.6. The Company reserves the right to transfer, assign, sublicense or pledge this Agreement, in whole or in part, in the event of a reorganization of the corporate group in which the Company exists or in the event of a merger, sale of assets or other similar corporate transaction in which the Company may be involved in.
17.7. You may not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
17.8. In this Agreement, 'you' or 'your' or 'user' means any person who uses the Services or the Software under this Agreement. Unless otherwise stated, 'we', 'us' or 'our' refers collectively to the Company and its subsidiaries, affiliates, directors, officers, employees, agents and contractors.
17.9. Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever over the assets of the Company, including for the avoidance of doubt on any amounts standing to the credit of your account.18. Malta Gaming Regulations
18.1. The Company is regulated by the laws and interactive gaming regulations of Malta. You acknowledge that the Company may be bound to disclose certain information about you and your account to the Maltaian authorities pursuant to such laws and regulations.19. Chat Feature
19.1. You shall not make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity.
19.2. You shall not make statements that are abusive, defamatory or harassing or insulting to other users of the Service.
19.3. You shall not make statements that advertise, promote or otherwise relate to any other online entities.
19.4. You shall not make statements about the Company or the Sites or any other Internet site connected to the Company that are untrue and/or malicious and/or damaging to the Company.
19.5. We are fully aware that English is not the first language of many of our players worldwide. However, at this current time, our policy upholds that this is the only language permitted in our chat application.
19.6. In the event of your breaching any of the above provisions relating to the chat facility, the Company shall have the right to remove your chat privilege or even temporarily or permanently terminate your account. Upon such termination the Company shall refund to you any funds which may be in your account over and above any amount which may be owing to the Company at such time (if any).20. Customer Service Department and Special Promotions
20.1. For service quality assurance calls made by you to the customer service department may be recorded.
20.2. You hereby expressly consent to the Company using the contact details provided by you on registration to occasionally contact you directly in relation to your use of the Services or any other products or services offered by the Company, its partners or affiliates from time to time.
20.3. The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company's employees. In the event that the Company, in its sole discretion, deems that your behavior, via telephone, live chat, email or otherwise, has been abusive or derogatory towards any of the Company's employees, the Company shall have the right to block or terminate your account with the Company and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account.
20.4. The Company may, from time to time, offer you special promotions. These promotions may be notified to you by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS and (iv) additional windows opening from within the Software. Promotions begin at 00:00 and end at 23:59 GMT on specified dates, unless stated otherwise in the promotion's Terms & Conditions.
20.5. We will provide you with an opt-out option in relation to various types of communications from the Company and should you choose to opt-out from communications the Company shall respect your wishes in such regard.21. Exchange Rates
21.1. You hereby acknowledge and accept that jackpot and other promotional amounts may be displayed on the Site in one currency but actually paid to you in another currency. All currency conversions executed by the Company for the purposes of allowing you to deposit and cash-out money from your account shall be executed by the Company at an exchange rate comparable with daily commercial rates offered by banks and credit card companies.22. Minimum Hardware Requirements
22.1. In order to enjoy the Services, end-users are required to either install a C++ application on their computers (for download version), or use the online version of the Services (no-download).
22.2. The minimum recommended specifications for the download version are:
Windows operating system, XP or higher
64 MB RAM or higher (recommended)
All end-users need to have the Adobe Flash Player (10.3 and above) installed.
Should the Adobe Flash Player version installed be incompatible with the requirement above, end-users will be prompted to download and install the required version.
The no-download client is supported on the following browsers:
IE6 and above, Firefox 3 and above, Safari 4 and above, Chrome 4 and above
All users need to have the Adobe Flash browser plug-in (10 and above) installed23. Governing Law
23.1. This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Malta and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Malta to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.24. Language Discrepancies
24.1. This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.25. Provisions Relating to Specific Games
25.1. Jackpot Winnings
You hereby agree that in the event of your winning a jackpot of USD20,000 or more in relation to the casino slots games, video slots, video poker or any other jackpot game or machine you will grant to the Company an irrevocable, exclusive and perpetual worldwide right and license, to use your name, photograph and likeness in any media, in connection with the marketing and promotion of the Company and the Site and you will fully cooperate with the Company's representatives in such regard.
Jackpot prizes may be awarded to the winners in up to 24 monthly installments if so decided by the Company at its sole discretion.
If we suspect that a member is abusing any of our deposit related bonuses in any way, we may choose to close the account, and any related accounts across our Services, and withhold any funds from such accounts. A suspicion of abuse may be based on the repeated patterns of deposit/cashout/redeposit purely intended to gain the deposit related bonus.
If we suspect that the member is abusing our free sites and free games offers, we may choose to close the account, and any related accounts across our Services, and withhold any funds from such accounts. If we suspect that the member is abusing the spirit of the free games sites - for example, by playing repeatedly only with free games, or by purchasing all the tickets for a free game, we may choose to close the account, and any related accounts across our Services, and withhold any funds from such accounts.
If we have reason to suspect that an account or group of accounts are operating systematically - for example employing specific wagering techniques or wagering as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account, other than your original deposit amounts, if said amount remains.
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.