TERMS AND CONDITIONS OF USE OF WIN2FUN.COM
“Opeator means Tri-Media N.V., Dr. M.J. Hugenholtzweg Z/N, UTS Gebouw, Curaçao Company Register-No. 136508. “Member Accounts” means an account opened at Win2Fun.com. “T&C” means (i) these terms and conditions as updated from time to time;
(ii) any game rules; and
(iii) any terms and conditions of promotions, bonuses and special offers which may be found on the Website from time to time.
“Website” means the Website www.win2fun.com. “You” or “Player” means you as a user or visitor at the Website and/or the Games.
These T&Cs apply to the usage of the Games through any of the Website, as may be specified from time to time, and the related enabling internet, mobile or other platforms by you.
These T&C constitute a binding agreement between You and the Operator respectively.
Win2Fun.com is operated by Tri-Media N.V., Dr. M.J. Hugenholtzweg Z/N, UTS Gebouw, Curaçao Company Register-No. 133708 and is owned by Tri-Media Ltd., Valley Road 43 Silema – Malta Company No. C 83474. Win2Fun.com is licensed and regulated in Curacao under the Master Gaming License #1668/JAZ issued by the Governor General, Curacao.
Payments will be processed through Tri-Media Ltd., a company registered in Malta with registration number C72574 having its registered address at Room 1, Level 2, Palazzo Ca ‘Brugnera, Valley Road, Birkirkara, BKR9024, Malta.
These T&C come into force as soon as you click on the “ACCEPT” button, by doing which you signify to the Operator that you have read these T&C and accept them. By using any of the Website you signify that you agree with and are fully in compliance with these T&C.
You must read these T&C carefully in their entirety before clicking on the “ACCEPT” button. If you do not agree with any provision of these T&C you must not use or continue to use the Website.
The Operator reserve the right to amend these T&C, and you will be notified before the new T&Cs come into force. You must re-confirm acceptance of the new T&Cs before continuing playing on the Website.
You fully understand and agree to be bound by the terms and conditions contained herein and as may be amended by the Operator from time to time.
Rules and explanations in respect to the games provided separately on the Website are incorporated into these T&C by reference.
These T&C are published in a number of languages for information purposes and ease of access by players. It is only the English version that is the legal basis of the relationship between You and the Operator and in case of any discrepancy between a non-English version and the English version of these T&C, the English version shall prevail.
Eligibility to use the Operator’ services
You may participate in any of the Games if and only if: You are over eighteen (18) years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of Your residence; and
it is legal for You to participate in the Games according to applicable laws in the jurisdiction of your residence;
Your Member Account
Registration and opening of your member account In order for you to be able to place wagers using any of the Website, you must first register with the Operator and open a Member Account.
You are allowed to have only one Member Account for each household . If You attempt to open more than one Member Account, all accounts you try to open may be blocked or closed.
You must enter all mandatory information requested into Your registration form, in particular, your identity, your address and contact details, including a valid e-mail address, your place of residence, all of which must be true and correct. It is Your sole responsibility to ensure that the information You provide is true, complete and correct and should such information change You should immediately inform us of such changes and keep the information up to date. You are hereby notified that the Operator carry out verification procedures and Your Member Account may be blocked or closed if You are found to supply or have supplied false or misleading information.
If You notice that You have more than one Member Account under different names, you must notify the Operator immediately.
As part of the registration process You will have to choose Your username and password for Your login into the Website. It is Your sole and exclusive responsibility to ensure that Your login details are kept securely. You must not disclose Your login details to anyone. the Operator are not responsible for any abuse or misuse of Your Member Account by third parties due to Your disclosure, whether intentional or accidental, whether active or passive, of your login details to any third party.
The Operator reserves the right to refuse to register a Member Account or close Your Member Account. However all money within Your Member Account will be returned and all contractual obligations already made honoured.
Transfer or sale of funds from one Player to another or from one Member Account to another is not allowed.
If you open or attempt to open more than one Member Account, for whatever reason, the Operator may block or close any or all of your accounts at its discretion. Should the Operator decide to leave one account open, it will be the first account that you opened with Operator, to which your remaining deposits, if any, will be transferred.
Deposits to your Member Account You may participate in any Game only if you have sufficient funds on Your Member Account for such participation. The Operator shall not give you any credit whatsoever for participation in any Game.
Depending on the method selected, deposits can incur charges. Current fees regarding depositing funds can be found on the Website. Your bank may independently charge You for bank wire transfers and other methods of payment.
To deposit funds into Your Member Account, You can use any of the methods specified in the relevant pages of the Website, as may be amended from time to time.
We accept payments made in EUR. Any payments received in a currency other than the one chosen by you as the currency for your account will be converted into the Euro . Please note that any exchange premiums are payable by you.
The time taken for your deposit to appear on your account balance is as follows: Deposit Method Time Lapse Required
Credit / Debit Cards: Instant
Online Bank Transfer: Instant
PrePaid Cards: Instant
Bank Transfers: 3 to 4 Working Days
If you use a credit or debit card for depositing funds, your funds will only clear when we have received an approval and authorisation code. Should we not receive such authorisation your account will not be credited with those funds.
The Operator reserve the right to use additional procedures and means to verify your identity when effecting deposits into Your Member Account and perform enhanced due diligence in respect to withdrawals of funds not used for wagering.
The Operator are not financial institutions and thus should not be treated as such. Your account will not bear any interests.
You warrant and guarantee that no funds deposited to your Member Account are tainted with illegality or have been earned, received or otherwise taken into your possession though any illegal means. If the Operator suspect that you are engaged in illegal and/or fraudulent activities when using any of the Website or the Accounts; or in breach of this Agreement; or that you are having problems with creditors or otherwise detrimental to our business, we may freeze or terminate your account or cancel any stakes at our absolute discretion.
Pay-outs The Operator will carry out additional verification procedures for any payout or cumulative payouts exceeding the equivalent of EUR 400 and reserves the right to carry such verification procedures in case of lower pay-outs. Other additional procedures may include, but are not limited to, game play and minimum turnover requirement checks.
When the outcome of a Game You participate in becomes determined or, where applicable, the Operator have confirmed the relevant result of an event and settled the markets, all winnings will be available on Your Member Account.
If the Operator mistakenly credits Your Member Account with winnings that do not belong to You, whether due to a technical or human error or otherwise, the amount will remain property of the relevant Operator and the amount will be transferred from Your Member Account. If prior to the Operator becoming aware of the error You have withdrawn funds that do not belong to You, without prejudice to other remedies and actions that may be available at law, the mistakenly paid amount will constitute a debt owed by You to the Operator. In the event of an incorrect crediting, You are obliged to notify the Operator immediately by email.
The Operator reserve the right to split withdraws higher then Euro 10,000 into 6 pieces paid every month unless a larger amount has been agreed by prior arrangement.
The Operator reserve the right to validate progressive jackpot winnings exceeding 200.000 EUR, or equivalent in any other currency, before any pay-out shall be processed from your Member Account. Any progressive jackpot winnings should be validated within 30 days.
Withdrawals from your Member Account The Operator reserve the right to credit you back using the same method as you have previously deposited with where applicable.
You may withdraw any available balance in Your Member Account by issuing the Operator with a valid notice of withdrawal on the Website.
The Operator shall credit you back using the same method as you have previously deposited with, if the method allows this to be made.
Notices for withdrawals must be made via the Website. The Operator will not accept withdrawal demands made by telephone or by electronic mail. Employees of the Operator are not permitted to bypass these instructions.
The Operator offer a wide range of withdrawal methods. Withdrawals can incur charges depending on the method selected. Any winnings can be withdrawn through the method chosen by you for deposit. Current fees for withdrawals are available at the Website. In addition, Your own bank may add a further handling charge. These charges may vary over time.
The time taken for a withdrawal will depend on whether KYC documentation is needed and the speed at which it is delivered. However, the normal lapse of time for a withdrawal to be processed is as follows: Withdrawal Method Time Lapse Required
Credit / Debit Cards: 3 to 4 Working Days
E-Wallets: 24 hours
PrePaid Cards: N/A
Bank Transfers: 3 to 4 Working Days
Prior to effecting a withdrawal, the Operator may request You to provide legal identification documents including certified copies of passports, national identity cards or any other form of identification the Operator shall deem fit at its own discretion. In the event that You have deposited funds using a credit cards or in the event that the withdrawal shall be to a credit card, the Operator may request for copies of the front and back of the said credit card. The Operator strongly encourages that in such cases You ensure that only the first six (6) digits and the last four (4) digits of the card are visible for Your own protection. CVV/CVV2 number at the back of the card, should also not be visible.
The Operator reserves the right to charge a fee of 5 % (minimum 10 EUR) of the balance should you request a withdrawal without a Member Account turnover that is equal or more than the amount of funds deposited.
Closing of Account
You may close Your Member account at any time and the Operator will return to You any and all funds from Your Member Account subject to the deduction of any relevant withdrawal charges. You may request closure of Your Member Account at any time either by contacting our support agents via live chat or sending an e-mail to email@example.com stating your account details and confirming your wish to close Your Member account.
The method of repayment will be at our absolute discretion.
The Operator reserve the right to close Your Member Account and to refund to You the account balance, subject to applicable deductions, at the Operator’ absolute discretion and without any obligation to state a reason or give prior notice.
The Operator reserve the right to withhold and remove any bonuses awarded to you if such bonuses have not been used within 3 months from the date when they were awarded.
Accounts with no login or game player are managed by the Operator in a specific process: (A) An inactive account is an account that has not been accessed for 12 months, that has a real money balance. (B) A dormant account is an account that has not been accessed for 30 months, that has a real money balance. The Operator will contact you should your account become inactive. If, after 12 months since last login, we are unable to contact you, the Operator will charge a EUR 5.00 per month administrative fee on your account and shall use reasonable efforts to contact you. The administrative fee shall be charged for as long as there is a balance in your account.
Your obligations as a player
You hereby declare and warrant that: You are over 18 years of age or such higher minimum legal age of majority as stipulated if the jurisdiction of Your residence (e.g. Estonia – 21 years) and, under the laws applicable to You, legally allowed to participate in the Games offered on the Website.
You participate in the Games strictly in your personal non-professional capacity for recreational and entertainment reasons only;
You participate in the Games on your own behalf and not on behalf of any other person;
All information that You provide to the Operator during the term of validity of this agreement is true, complete, and correct, and that You shall immediately notify the Operator of any change of such information;
You are solely responsible for reporting and accounting for any taxes applicable to You under relevant laws for any winnings that You receive from the Operator;
Money You deposit into Your Member Account is not tainted with any illegality and, in particular, do not originate form any illegal activity or source;
You understand that by participating in the Games you take the risk of losing money deposited into Your Member Account;
You shall not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to Your or third parties’ participation in any of the Games and shall not use any software-assisted methods or techniques or hardware devices for Your participation in any of the Games. The Operator hereby reserve the right to invalidate any wager in the event of such behaviour;
In relation to deposits and withdrawals of funds into and from Your Member Account, You shall only use credit card and other financial instruments that are valid and lawfully belong to You.
You are not allowed to transfer funds from your Account to other players or to receive money from other players into your Account, or to transfer, sell and/or acquire, user accounts.
Games played on the Website should be played in the same manner as games played in any other setting. This means that players should be courteous to each other and avoid rude or obscene comments.
Some circumstances may arise where a wager is confirmed, or a payment is performed, by us in error. In all these cases the Operator reserve the right to cancel all the wagers accepted containing such an error, or to correct the mistake made re-settling all the wagers at the correct prices/spreads/terms that should have been available at the time that the wager was placed in the absence of the error.
Should You become aware of possible errors or incompleteness in the software, he/she agrees to refrain from taking advantage of them. Moreover, the user agrees to report any error or incompleteness immediately to the Operator. Should You fail to fulfill the obligations stated in this clause, the Operator have a right to full compensation for all costs related to the error or incompleteness, including any costs incurred in association with the respective error/incompleteness and the failed notification by the user.
In the event a game is started but miscarries because of a failure of the system, the Operator shall refund the amount wagered in the game to the User by crediting it to the User’s Account or, if the account no longer exists, by paying it to the User in an approved manner; and if the User has an accrued credit at the time the game miscarried, credit to the User’s Account the monetary value of the credit or, if the account no longer exists, pay it to the User in an approved manner.
The Operator reserve the right to reject or limit wagers. The user is not permitted to wager an amount exceeding his/her personal account. Wins are credited to the personal account of the user.
The Operator reserve the right to retain payments, if suspicion or evidence exists of manipulation of the casino system, or of any other Games on the Website. Criminal charges will be brought against any user or any other person(s), who has/have manipulated the casino system or attempted to do so. The Operator reserve the right to terminate and/or, change any games or events being offered on the Website.
In order to perform any transaction the Operator may undertake any such verification checks as may be required by ourselves or by third parties (including, but not limited to, regulatory bodies) to confirm the legal ownership and the origin of the money implicated, the identity of the applicant and to comply with the existing Anti Money Laundering Provisions.
All transactions shall be checked in order to prevent money laundering. The Operator shall report any suspicious transaction to the relevant competent authorities. If the User becomes aware of any suspicious activity relating to any of the Games of the Website, he must report this to the Operator immediately. The Operator may suspend, block or close a Member Account and withhold funds if requested to do so in accordance with the Prevention of Money Laundering Act.
You may at Your discretion choose to exclude Yourself from playing any Games on Our website. In order to block Your access to the Games You can send an email to the following email address firstname.lastname@example.org stating your user name and the period for which you wish to exclude yourself. An exclusion directly on the website will be effective immediately, whilst an exclusion by email will be effective from the time you receive a confirmation from our support that the account has been blocked.
win2fun.com cooperates with an external responsible gaming entity who can help you assess your situation, their website is: http://www.gamcare.org.uk/
Should you opt for self-exclusion in the manners contemplated above then You will not be able to reverse this position for at least 7 days, after which You will be able to send an email to the same email address in order to re-activate Your access to our Games and re-activate Your Member Account.
Once you have self-excluded for gambling problems, on the brand you are currently a member of, your accounts on the other sites operated by us will be closed for the self-excluded period selected.
A Player is eligible for one bonus per campaign, with the exception of refer a friend campaigns. For refer a friend campaigns, a Player can benefit of more than one bonus per campaign as specified in the relevant campaign terms and conditions.
Bonuses/Freespins can only be received ONCE per person/account, family, household, address, e-mail address, credit card number, IP addresses and environments where computers are shared (university, fraternity, school, public library, workplace, etc.). The Operator reserves the right to close your account and confiscate any existing funds if evidence of abuse/fraud is found.
In case the Operator suspect that a Player has committed a bonus abuse, either on his own, or in association with some partners, the Operator reserve the right to forfeit the bonus allocated to the Player at its discretion.
Bonus abuses will result in the closure of the relevant Player’s Member Account. The Operator reserve the right to withhold cash ins and/or confiscate all winnings of the Player if a wager of a single bet consists of the majority of the total available balance, and the bonus balance contributes to a significant portion of that balance.
All bonuses must be fully wagered before any withdrawal can be made. Wagering requirements will differ from bonus to bonus and the particular rules for each bonus will be published on the website in relation to each promotion.
The Operator reserve the right to declare a wager void partially or in full if the Operator, at their own discretion, would deem it obvious that any of the following circumstances have occurred: you, or people associated with you may directly or indirectly influence the outcome of an event,
you and or people associated with you are directly or indirectly avoiding the rules of the Operator,
the result of an event has been directly or indirectly affected by criminal activity,
wagers have been placed that would not have been accepted otherwise, but that were accepted during periods when the website have been affected by technical problems due to an error, such as a mistake, misprint, technical error, force majeure or otherwise, and/or if wagers have been offered, placed and or accepted due to such an error
The games provided by Microgaming are operated by Operator and regulated by the Curacao gaming regulatory authority under the Master Gaming License #1668 JAZ issued by the Governor General, Curacao.
The Live Casino games provided by Evolution Gaming are hosted and powered by Evolution Gaming under its licence granted by the Alderney Gambling Control Commission in Alderney on the 2nd of March 2007.
The United States, its dependencies, military bases, territories and possessions are specifically excluded from the allowed territory.
No third party or other partners to the Operator may solicit, advertise, distribute, offer, use or otherwise exploit Universal Monsters Slot Game (s) to players in any geographic area outside the allowed territory (as defined above).
You hereby acknowledge and accept that it is necessary for the Operator to collect and otherwise use Your personal data in order to allow You access and use of the Website and participation in the Games. The data will be stored for a minimum of 10 years by the Operator. Credit Cards data are not stored from our side.
The Operator hereby acknowledge that in collecting Your personal details as stated in the previous provision. The Operator will protect your personal information and respect your privacy in accordance with best business practices and applicable laws.
The Operator will only use Your personal data to allow you to participate in the Games and to carry out operations relevant to Your participation in the Games. All members of the staff shall have access to Your personal data for the purpose of performing their duties. We may also share Your personal data within our Group of Companies (companies directly or indirectly controlling, controlled by, or under common control with the Company, having at least 50% common ownership with the Company or owning 50% of the issued share capital of the Company) to inform You of changes, new services and promotions that We think You may find interesting. You may opt out of receiving such marketing communications at anytime by contacting the support team at email@example.com.
Your personal data will not be disclosed to third parties, unless such disclosure is necessary for processing of your requests in relation to Your participation in the Games or unless it is required by law. You hereby consent to such disclosures.
You have the right to access personal data held by the Operator about You.
In order to provide You with an efficient service, the Operator and/or their service providers may require to transfer your personal data from one country to another on world-wide basis. You hereby consent to Your personal data so transferred.
In the processing of Your account and associated transactions, the Operator may have recourse to credit rating agencies, fraud detection agencies, criminal investigation agencies and anti-money laundering agencies. You hereby consent to such disclosures.
In order to make Your visit to the Website more user-friendly, to keep track of visits to the Website and to improve the service, the Operator collect a small piece of information sent from Your browser, called a cookie. You can, if you wish, turn off the collection of cookies (please refer to your browser instructions as to how to do this). You must note, however, that turning off cookies may restrict Your use of the Website.
By accepting these terms and conditions you accept to receive information about new services, offers and promotions via email and SMS. You can update these settings under My profile at any given time in case you would like to unsubscribe.
We may also inform you of changes, new services and promotions We think that You may find interesting. If you do not wish to receive direct marketing data you may opt out of such service (please refer to your browser instructions as to how to do this).
If You have a complaint, You can: email customer support on firstname.lastname@example.org;
or chat with our support team using the chat link on the Website.
The Operator will use its best efforts to resolve a reported matter promptly and the support team is available on email andchat.
Chat Room rules (if applicable)
As part of your use of the Website, the Operator may provide you with a chat facility, which is moderated by Us and subject to controls. We reserve the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility should be for recreational and socializing purposes, and is subject to the following rules:
You shall not make any statements that are sexually explicit or grossly offensive, including expressions of bigotry, racism, hatred or profanity;
You shall not make statements that are abusive, defamatory or harassing or insulting to the Operator of the Website;
You shall not make statements that advertise, promote or otherwise relate to any other online entities.
You shall not make statements about the Operator, the Website, or any other Internet site(s) connected to the Operator that are untrue and/or malicious and/or damaging to the Operator.
You shall not collude through the chat rooms or any separate chat. Any suspicious chats will be reported to the Authority.
In the event that You breach any of the above provisions relating to the chat facility, the Operator shall have the right to remove the chat room/s or immediately terminate Your Player Account. Upon such termination the Operator shall refund to You any funds which may be in Your Player Account over and above any amount which may be owing to Us at such time (if any).
Limitation of liability
You enter the Website and participate in the Games at your own risk. The Website and the Games are provided without any warranty whatsoever, whether express or implied.
Without prejudice to the generality of the preceding provision, the Operator, its respective directors, employees, partners, service providers: do not warrant that the software or the Website is/are fit for their purpose;
do not warrant that the software and Website are free from errors;
do not warrant that the Website and/or Games will be accessible without interruptions;
shall not be liable for any loss, costs, expenses or damages, whether direct, indirect, special, consequential, incidental or otherwise, arising in relation to Your use of the Website or Your participation in the Games.
You hereby agree to fully indemnify and hold harmless the Operator, their directors, employees, partners, and service providers for any cost, expense, loss, damages, claims and liabilities howsoever caused that may arise in relation to your use of the Website or participation in the Games.
Breaches, Penalties and Termination
If You breach any provision of these T&Cs or if the Operator have a reasonable ground to suspect that You have breached them, the Operator reserve the right not to open, suspend, close Your Member Account, withhold payment of your winnings and apply such funds on account of any damages due by You.
You acknowledge that the Operator shall be the final decision-makers of whether you have violated the Operator’ rules, terms or conditions in a manner that results in your suspension or permanent barring from participation in our site.
If any provision of these T&Cs is held to be illegal or unenforceable, such provision shall be severed form these T&C and all other provisions shall remain in force unaffected by such severance.
The Operator reserve the right to assign or otherwise lawfully transfer this agreement. You shall not assign or otherwise transfer this agreement/T&Cs.
Applicable law and jurisdiction
These T&C are governed by the Laws of Curacao and the parties submit to the jurisdiction of the Curacao courts.
Casino Website: Third Party Software Agreement
End-User License Agreement IMPORTANT
IMPORTANT: PERSONS LOCATED IN CERTAIN TERRITORIES, CURRENTLY INCLUDING THE UNITED STATES OF AMERICA AND ITS TERRITORIES, ISRAEL AND THE COUNTRIES SPECIFIED AS PROHIBITED, EXCLUDED OR SIMILAR AS PART OF THE TERMS AND CONDITIONS AND/OR LIST ON THE WEBSITE, IN EACH CASE AS SUPPLEMENTED FROM TIME TO TIME (THE “PROHIBITED JURISDICTIONS”) ARE NOT PERMITTED TO USE THE SOFTWARE IN ANY WAY OR MANNER IN CONNECTION WITH ANY REAL MONEY PLAY. TO REMOVE ANY DOUBT, THIS RESTRICTION ALSO APPLIES TO RESIDENTS AND CITIZENS OF OTHER NATIONS WHILE LOCATED IN A PROHIBITED JURISDICTION. THE FACT THAT THE WEBSITE IS ACCESSIBLE IN A PROHIBITED JURISDICTION, OR THAT THE SOFTWARE ALLOWS THE USE OF THE OFFICIAL LANGUAGE OF A PROHIBITED JURISDICTION, SHALL NOT BE CONSTRUED AS A LICENSE TO USE THE SOFTWARE IN SUCH PROHIBITED JURISDICTION. ANY ATTEMPT TO CIRCUMVENT THIS RESTRICTION, FOR EXAMPLE, BY USING A VPN, PROXY OR SIMILAR SERVICE THAT MASKS OR MANIPULATES THE IDENTIFICATION OF YOUR REAL LOCATION, OR BY OTHERWISE PROVIDING FALSE OR MISLEADING INFORMATION REGARDING YOUR CITIZENSHIP, LOCATION OR PLACE OF RESIDENCE, OR BY MAKING BETS OR WAGERS USING THE SOFTWARE THROUGH A THIRD PARTY OR ON BEHALF OF A THIRD PARTY LOCATED IN A PROHIBITED JURISDICTION IS A BREACH OF THIS AGREEMENT AND MAY CONSTITUTE A CRIMINAL OFFENSE. IF IT BECOMES APPARENT, OR WE HAVE REASONABLE GROUNDS TO SUSPECT, THAT YOU ARE LOCATED IN ANY OF THE PROHIBITED JURISDICTIONS, THIS MAY RESULT IN CLOSING YOUR PLAYER ACCOUNT, WITHOUT AN OBLIGATION TO PROVIDE YOU WITH ADVANCE NOTICE, FREEZING THE FUNDS THEREIN AND PROVIDING THE APPLICABLE DETAILS TO VENDOR AND/OR RELEVANT AUTHORITIES, ALL IN ACCORDANCE WITH APPLICABLE LAWS AND AGREEMENTS, AND YOU SHALL BE LIABLE TO US FOR ANY DAMAGE OR LOSS RESULTING THEREFROM.
BY ACCEPTING THE TERMS AND CONDITIONS (INCLUDING BY TICKING THE “I AGREE” BOX) (“ACCEPTANCE”), YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND YOU WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCEPT THE TERMS AND CONDITIONS AND DO NOT CONTINUE TO DOWNLOAD, INSTALL OR OTHERWISE USE THE SOFTWARE.
The following words and terms, when used in this agreement, shall have the following meanings, unless the context clearly indicates otherwise:
1.1. “Assistance Programs” means any artificial intelligence including, without limitation, ‘robots’ and/or any other computer generated program used to interact with the Software in aid or in place of a player.
1.2. “IP Rights” means any and all intellectual property rights, of all types or nature whatsoever, including, without limitation, patent, copyright, design rights, trade marks, data base rights, applications for any of the above, moral rights, know-how, trade secrets, domain names, URL, trade names or any other intellectual or industrial property rights (and any licenses in connection with any of the same), whether or not registered or capable of registration, and whether subsisting in any specific country or countries or any other part of the world.
1.3. “Online Games” means Our internet gaming system on the Website and related services and gaming activities offered on the Website.
1.4. “Player Account” means a personal account opened by an individual and maintained with Us to enable that person to play the Online Games;
1.5. “Software” means the software required to be downloaded, accessed or otherwise utilized by You from the Website for the purpose of participating in the Online Games, including the related documentation and including any enhancements, modifications, additions, translations or updates to such software.
1.6. “Us”, “We”, “Our” and similar terms mean Tri-MediaN.V.
1.7. “Website” means www.win2fun.com and any related sites on which the Online Games are accessible via links or any other access way.
1.8. “You”, “Your” and similar terms mean the user of the Software downloaded from the Website.
2. Subject Matter of Agreement
The rules of the Online Games are placed in the www.win2fun.com/rules as well as other sections of the Software and the Website, including but not limited to, rules describing how to play the Online Games, tournaments, and any other rules governing particular game, event and tournament. All such rules are incorporated and included under the term and conditions set out herein.
3. License to Use the Software; Restrictions
3.1. We hereby grant to You a limited, personal, non-transferable, non-exclusive, worldwide (except as noted below) license to download, access and otherwise utilize the Software on Your device, in order to play the Online Games, in accordance with this agreement.
3.2. This license applies only to the object code of the Software (i.e., the compiled, assembled, or machine executable version of the Software) and does not grant you any rights whatsoever with respect to the source code of the Software.
3.3. Notwithstanding anything to the contrary herein, persons located in the Prohibited Jurisdictions are not permitted to use the Software in any way or manner in connection with any real-money play. To remove any doubt, this restriction also applies to residents and citizens of other nations while located in a Prohibited Jurisdiction. This license does not apply to, and does not allow You the use of the Software in or from any Prohibited Jurisdictions, and the fact that the Website is accessible in a Prohibited Jurisdiction, or that the Software allows the use of the official language of a Prohibited Jurisdiction, shall not be construed as a license to use the Software in such Prohibited Jurisdiction. Any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of Your real location, or by otherwise providing false or misleading information regarding your location, citizenship, or place of residence, or by making bets or wagers using the Software through a third party or on behalf of a third party located in a Prohibited Jurisdiction, is a breach of this agreement and may constitute a criminal offense under applicable laws. If it becomes apparent, or We have reasonable grounds to suspect, that You are located in any of the Prohibited Jurisdictions, this may result in closing Your Player Account, without an obligation to provide You with advance notice, freezing the funds therein and providing the applicable details to Vendor and/or relevant authorities, all in accordance with applicable laws and agreements, and You shall be liable to Us for any damage or loss resulting therefrom. IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY OUR WEBSITE REGARDING THE LIST OF THE PROHIBITED JURISDICTIONS.
3.4. We reserve any and all rights not expressly granted in Section 3.1 above. In addition, You are not permitted to, and You agree not to permit or assist others to:
3.4.1. use, copy, modify, create derivative works from or distribute the Software, any part of it, or any copy, adaptation, transcription, or merged portion of it;
3.4.2. decode, reverse engineer, disassemble, decompile or otherwise translate or convert the Software or any part of it;
3.4.3. transfer, loan, lease, assign, rent, or otherwise sublicense the Software;
3.4.4. remove any copyright, proprietary or similar notices from the Software (or any copies of it);
3.4.5. operate the Software or any part of it for the benefit of or on behalf of any third party, including by way of ‘bulletin board’, online service or remote dial-in, application service provider services, internet service provider services, timesharing arrangements, outsourcing services or bureau services;
3.4.6. copy or translate any user documentation provided online or in electronic format;
3.4.7. enter, access or attempt to enter or access or otherwise bypass Our security system or interfere in any way (including but not limited to, robots and similar devices) with the Website or attempt to make any changes to the Software and/or any features or components thereof; or
3.4.8. use any Assistance Programs in connection with the Software and/or the Online Games. You are prohibited from any interaction within the Online Games that is not the direct result of You personally utilizing the Software for the purpose for which it was intended.
3.5. You acknowledge and agree that We may take steps to detect and prevent the use of Assistance Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Software on Your device. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps. Any attempt to restrict Us in this matter will entitle Us to immediately suspend the availability of the Software to You and You shall immediately forfeit any winnings.
3.6. You acknowledge and agree that all IP Rights, title and interest in and to the Software, including in and to any modification, enhancement, adaptation, translation or other change of or addition to the Software, belong exclusively to the Vendor, even if developed based on ideas, suggestions or proposals by You or any other third party. By accepting this agreement, You irrevocably assign to the Vendor all right, title, and interest You may have or may acquire in and to all such rights, including, without limitation, patent, copyright, trademark, trade secret or know how, and You agree to sign and deliver to the Vendor such documents as Vendor considers desirable to evidence or effect the assignment of all of the aforesaid rights to the Vendor. You agree not to, directly or indirectly, attempt to invalidate for any reason whatsoever, or assert, or assist the assertion by others, that the rights, title or interest in the Software belong to any third party other than the Vendor, or that they infringe the IP Rights of others.
4. Your Duty to Examine Legality of Use
You confirm that You are older than 18 years, and in any event of legal age as determined by the laws of the country where you are located. You also confirm that You are aware of the legal issues relating to the operation of online gambling sites, and that You understand that We and the Vendor are not warranting in any way or manner that the use of the Software for the purposes of gambling, as such term is commonly understood in the industry, is legal in any jurisdiction.
Given the changes in the legal status of online gambling in various jurisdictions, You undertake to examine the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You and to do the same only in compliance with all applicable laws and orders of any competent authority.
5. Disclaimer Of Warranties
THE SOFTWARE IS MADE AVAILABLE TO YOU HEREUNDER ON AN ‘AS IS’ BASIS, WITHOUT ANY UNDERTAKINGS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE.
WE AND THE VENDOR, AND ALL OF THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE AND DISCLAIM ANY AND ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND, WITHOUT LIMITING THE GENERALITY OF THE AFORESAID, WE AND THE VENDOR DO NOT WARRANT, AMONG OTHER THINGS, THAT (A) THE SOFTWARE WILL BE NON-INFRINGING, (B) THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS VIRUS-FREE; (C) THE SOFTWARE IS OF SATISFACTORY QUALITY OR FIT FOR ANY PARTICULAR PURPOSE; OR (D) USE BY YOU OF THE SOFTWARE WITH ANY OTHER SOFTWARE, OR WITH INAPPROPRIATE HARDWARE, WILL NOT CAUSE ANY DISTURBANCE TO THE SOFTWARE OR TO SUCH OTHER SOFTWARE. IN THE EVENT OF COMMUNICATIONS OR SYSTEM ERRORS OCCURRING IN CONNECTION WITH THE SOFTWARE, NEITHER WE NOR THE VENDOR NOR THEIR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY COSTS, EXPENSES, LOSSES OR CLAIMS ARISING OR RESULTING FROM SUCH ERRORS. NEITHER WE NOR OUR AFFILIATES AND RELATED PARTIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR PAYMENTS MADE (OR NOT MADE) TO YOU AS A RESULT OF A DEFECT OR ERROR IN THE SOFTWARE, OR IN CONNECTION WITH ANY CLAIM OR DEMAND MADE BY THE VENDOR OR ANY THIRD PARTY FOR THE RETURN OF SUCH PAYMENTS OR OTHERWISE IN CONNECTION WITH SUCH PAYMENTS.
You hereby acknowledge that it is not in Our control how the Software is used by You. You load and use the Software at Your own risk and in no event shall We be liable to you for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Our negligence).
The Software includes non-public and confidential information, which is secret and valuable to Us or the Vendor. You agree, as long as You use the Software and thereafter, to (a) keep all such confidential information strictly confidential; (b) not to disclose such confidential information to a third party, and not to use such confidential information for any purpose other than participating in the Online Games. You further agree to take all reasonable steps at all times to protect and keep confidential such confidential information.
7. Your Warranties and Representations
You warrant and represent to Us that:
7.1. You are not a resident of any of the Prohibited Jurisdictions; and
7.2. You have examined the legality of Your participation in the Online Games and use of the Software in each jurisdiction that is applicable to You, and have found the same to be legal in such jurisdictions under all applicable laws and orders of any competent authority.
8. Changes to this Agreement
8.1. We may make changes to this Agreement at any time, at our sole discretion. Such changes will take effect from the date specified by us on the Website, whether or not We have notified You specifically of such changes. It is important, therefore, that You log in to the Website from time to time to check to see whether there is a notification of change.
8.2. You agree to be solely responsible for becoming informed of such changes. If You continue to use the Software or the Online Games after the effective date of certain changes (regardless of the way We have notified such changes), You agree to be bound by those changes whether or not You have had actual notice of, or have read, the relevant changes. If You do not agree to be bound by relevant changes, You should not continue to use the Software or the Online Games any further.
9. Term and Termination
9.1. This agreement is effective, and binding upon You, from the moment of Your Acceptance, and shall remain in force unless terminated in accordance with the provisions hereof.
9.2. You may terminate this agreement with immediate effect at any time, subject to the terms of Section 9.4. Termination by You shall be effected by sending Us written notice of the termination of Your participation on the Website and the Online Games and closure of Your account with Us. 9.3. We may terminate this agreement with immediate effect at any time, by written notice to You. 9.4. Upon any termination of this agreement, whether by Us or by You, You agree and acknowledge that (i) Your rights to use the Software shall immediately terminate, and (ii) You will cease any and all use of the Software, and (iii) You will remove the Software from your computer, hard drives, networks and other storage material. 10. No Claims Against Vendor; Limitation of Liability
10.1. You understand and agree that We will be solely responsible to You under this agreement, and while Your commitments under this agreement are also for the benefit of the Vendor, its affiliates and related parties (and can therefore be enforced by them too), Vendor, its affiliates and related parties are not parties to this agreement and will not be liable for any damages of any kind whatsoever caused to You or any third party, regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise.
10.2. You are free to choose whether to download and use the Software. If You do so, You acknowledge that You do it with the full understanding of this agreement, including the provisions of this Section 10, and at Your own risk. IN NO EVENT SHALL WE (AND FOR THE AVOIDANCE OF DOUBT, ALSO VENDOR) OR ANY OF THEIR AFFILIATES AND RELATED PARTIES, IN AGGREGATE:
10.2.1. BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY KIND WHATSOEVER; OR LOSS OF BUSINESS, PROFITS, REVENUE, CONTRACTS OR ANTICIPATED SAVINGS; OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE OR CORRUPTION OF ANY DATA; or
10.2.2. BE LIABLE TO YOU WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATING TO THIS AGREEMENT, HOWSOEVER ARISING UNDER CONTRACT OR ANY THEORY OF LAW, FOR DAMAGES EXCEEDING THE LOWER OF (A) THE AMOUNT DEPOSITED BY YOU WITH US AND USED BY YOU FOR GAMING PURPOSES, OR (B) €1,000 (ONE THOUSAND EUROS).
12. Your Responsibilities
You shall not transfer in any way whatsoever Your rights under this agreement without our prior written consent.
13. Your Warranties and Representations
You warrant and represent that:
You are over the age of eighteen.
14. Reservation of Rights
14.1. We reserve, at Our sole discretion, the right to:
14.2. change, suspend, remove, modify or add any game or tournament on the Online Games.
14.4. We may at any time without prior notice to You terminate Your use of the Online Games and block Your Player Account if We considers that You are in breach of any of the terms and provisions of this agreement or that You are otherwise acting illegally. We will not be under any obligation in such circumstances to refund or otherwise reimburse You for any of the funds in Your Player Account.
15. General Provisions
15.1. Governing Law. The construction, validity and performance of this agreement will be governed by the laws of Curacao.
15.2. Competent Courts. Any legal proceedings arising out of or relating to this agreement will be subject to the jurisdiction of the courts of Curacao. However, this shall not prevent Us from bringing any action in the court of any other jurisdiction for injunctive or similar relief.
15.3. Severability. The illegality, invalidity or enforceability of any part of this agreement will not affect the legality, validity or enforceability of the remainder.
15.4. Language. The English language version of this agreement will prevail over any other language version issued by us.
15.5. No assignment by You. You are not allowed to assign this agreement or any rights or obligation hereunder to any other party.
15.6. Priority. This agreement shall prevail in the event of any conflict between the terms and conditions herein and any other agreement or document referred to herein or used in connection with the Software.
15.7. Notices. You agree to receive communications from Us in an electronic form. Electronic communications may be posted on the pages within the Website or the messages/help files of Your client application, or delivered to Your e-mail address. All communications in either electronic or paper format will be considered to be in ‘writing’ and to have been received no later than five business days after posting or dissemination, whether or not You have received or retrieved such communication. We reserve the right, but assume no obligation, to provide communications in paper format. Any notices required to be given in writing to Us or any questions concerning this agreement should be addressed to email@example.com