These Terms and Conditions apply to, and are
binding upon you if you participate at the Casino.
These Terms and Conditions replace any pre-existing Terms and
Conditions that appeared on this Casino Website.
In these Terms and Conditions:
- "Account" means a unique Account that has been issued by
the Casino;
- this "Agreement" means these Terms and Conditions;
- the "Casino" means the casino situated at the Casino
Website and owned and/or operated by us;
- "Casino Website" means http://www.riverbelle.com or any
derivative thereof;
- "Charge-back" means when you, or a credit card issuing
bank, or any other third party payment solutions provider
effects a reversal of charges in relation to your credit card or
third party deposit transaction;
- "Closed Account Player" means a Player who has a Closed
Player Account;
- "Closed Player Account" means an Account that has been
closed, deregistered or excluded by either us or you;
- "Dormant Account" means an Account that has been
inactive for a period of 6 (six) months or more;
- "Dormant Player" means a Player who has a Dormant
Account;
- "Guest Player" means a Player who utilizes free-play
casino credits with no monetary value to place wagers at the
Casino;
- "Participate" means, without limitation, any of the
conduct described in 4.1.1 to 4.1.7 below and visiting the
Casino Website and/or playing any games offered by the Casino at
the Casino and/or utilizing the Casino and/or Casino Website
and/or the Software in any manner whatsoever;
- "Player/s" mean(s) a Real Player and/or a Guest Player
and/or a Dormant Player and/or a Closed Account Player;
- "Real Player" means a Player who utilizes his own money
to place wagers at the Casino;
- the "Service" means the availability to, and provision
of Software that enables you to gamble at the Casino using the
Internet;
- "Software" means any software owned by or licensed to us
that must be downloaded in order for you to participate at the
Casino and/or any Flash Games versions of the software that do
not need to be downloaded;
- "we/us/our" means Carmen Media Group Limited, the owners
and operators of the Casino Website and/or its group companies;
- "Your Jurisdiction" means the jurisdiction in which you
are domiciled, reside or work.
- Your Participation at the Casino
1.1. Participation
1.1.1. Participation at the Casino is at your sole
option, discretion and risk.
1.1.2. You are solely responsible for ascertaining
whether it is legal in Your Jurisdiction to participate
at the Casino.
1.1.3. You may only participate at the Casino if
it is legal for you to do so within Your Jurisdiction.
1.1.4. In addition to the provisions of 1.1.3
above, you may only participate at the Casino if you
have attained the legal age of majority within Your
Jurisdiction.
1.1.5. We do not warrant the legality of your
participation at the Casino in terms of the laws of Your
Jurisdiction.
1.1.6. We have the right to request you to furnish
us with proof of your identity and age as a condition
precedent to us allowing you to participate at the
Casino.
1.1.7. You hereby authorize us and our designated
agents in rem suam, as and when we require, to confirm
your identity and your right to use the monies that you
wager at the Casino.
1.2. Your Warranties
1.2.1. You warrant and represent, and we enter into
this Agreement on the basis of such representations and
warranties, all of which are material at the time of
your entering into this Agreement and throughout the
currency hereof, that you:
1.2.1.1. are legally able to participate in the Casino
within Your Jurisdiction;
1.2.1.2. are an "adult", having attained the age of
majority within your Jurisdiction;
1.2.1.3. shall not allow any third party (in
particular, but without limitation, any minor/s) to,
directly or indirectly, use your Account/s that you hold at
the Casino, utilize the Software or accept a prize from the
Casino;
1.2.1.4. have furnished us with personal details that
are valid, accurate and complete in each and every respect
and that you shall advise us immediately via e-mail should
such details change;
1.2.1.5. are the true and lawful owner of the monies
that you wager at the Casino and/or that you are duly and
properly authorized to utilize such monies for the
aforementioned purposes;
1.2.1.6. shall not deposit nor wager any monies at the
Casino that are derived in any manner whatsoever from
illegal activities contemplated in 1.5 below;
1.2.1.7. shall pay all monies owed to the Casino and in
respect of payment shall not charge-back, and/or deny or
reverse or countermand any such payments; and
1.2.1.8. have read and understood these Terms and
Conditions.
1.3. Refusal to Register, Deregistration, Exclusion &
Suspension
1.3.1. We may refuse to register you as a Player or elect
to deregister and exclude you or suspend you as a Player from
the Casino at any time and for any reason whatsoever.
1.3.2. You acknowledge hereby that the Casino is not
obliged to give you prior notice of its decision to refuse,
deregister or exclude or suspend you, nor to furnish you with
any reasons for such decision.
1.4. Consequences of Deregistration, Exclusion or
Suspension
1.4.1. If we deregister or exclude or suspend you from the
Casino we shall have the right to:
1.4.1.1. withhold payment to you of any contested funds
whether such contested funds are deposits, refunds, bonuses,
free monies, casino credits, payouts or the like; and/or
1.4.1.2. exclude you from all or any other Casinos
and/or Poker Rooms in the group of Casinos of which the
Casino is a member; and/or
1.4.1.3. solely determine what criteria you shall have
to meet in order to establish a New Account at the Casino;
and/or
1.4.1.4 in the case of fraudulent, illegal or similar
misconduct by you or failure by you to pay any sums due to
us:
1.4.1.4.1 furnish any relevant information about
you to an intra-group database recording such mischief
and, if necessary, hand over your account details to a
collections agency for the recovery of any sums that you
owe us. You hereby irrevocably authorize us to do so in
our absolute discretion, and/or
1.4.1.4.2 have forfeited to us any contested funds
that may be derived by you from fraudulent, illegal or
similar misconduct.
1.5. Dormant Accounts
1.5.1. It is recorded that the provisions of this Clause
1.5 only apply if all of a Real Player's Accounts at the Casino
and Poker Rooms proprietary to the Belle Rock Gaming Group
constitute Dormant Accounts.
1.5.2. Any credit balance standing to a Dormant Player's
credit in a Dormant Account may, in the Casino's [Poker Room's]
sole and unfettered discretion, be handled by the Casino [Poker
Room] as follows:
1.5.2.1. an administration fee equivalent to 30 Casino
[Poker Room] credits of such credit balance shall be levied
monthly thereon and deducted therefrom until the earlier of:
1.5.2.1.1. the credit balance being reduced to zero; or
1.5.2.1.2. the Dormant Account becoming active.
1.6. Money Laundering
1.6.1. It is recorded that some jurisdictions have strict
laws on money laundering that may impose an obligation upon us
to report you to the federal or local authorities within such
jurisdictions if we know, suspect or have reason to suspect that
any of your transactions, amongst other things, involve funds
derived from illegal activities or are intended to conceal funds
derived from illegal activities or involve the use of the Casino
to facilitate criminal activity.
1.6.2. If we have knowledge or suspicion envisaged in
1.6.1 above we may:
1.6.2.1. . immediately suspend, deregister or terminate
your Account at the Casino; and/or
1.6.2.2. at our sole discretion, not refund to you any
funds held in such Account; and/or
1.6.2.3. exclude you from all or any other Casinos
and/or Poker Rooms in the group of Casinos of which the
Casino is a member; and/or
1.6.2.4. furnish any relevant information about you to
an intra-group database recording such mischief. You hereby
irrevocably authorize us to do so in our absolute
discretion.
1.6.3. We reserve the right to report you to the
aforementioned federal or local authorities should we, in our
absolute discretion, determine that we are obliged, by law, to
do so.
1.6.4. In order to assist in the prevention of money
laundering:
1.6.4.1. no cash shall be accepted to fund any Account
at the Casino;
1.6.4.2. no substantial and/or exceptional withdrawals
individually and cumulatively shall be made unless notarised
facsimile copies of at least 2 (two) of the following are
received:
Your:
1.6.4.2.1. . most recent bank statement for the
bank account from which your wagers have been paid;
1.6.4.2.2. driver’s license;
1.6.4.2.3. social security card or a similar
document containing a photographic identification of
you;
1.6.4.2.4. current and valid passport; or
1.6.4.2.5. utility bill (e.g. gas, water, telephone
etc) bearing your name and your address registered with
us.
1.7. Publicity
1.7.1. If, whilst playing at the Casino, you win a sum of
money or any other prize regarded by the Casino as worthy of
publicity, you agree to make yourself available for any event of
such a nature arranged by the Casino. The Casino will do its
utmost to protect your privacy at all times.
1.7.2. Without derogating from the generality of clause
1.7.1 above, you hereby grant us the right to use your first
name in any publicity about your win mentioned above and to use
a picture of a model in your stead.
1.7.3. For further information on our privacy policy please
see the relevant link on this Casino Website.
- The Service
2.1. The Service and the Software are provided "as
is". We make no warranty or representation, whether express or
implied, in relation to the satisfactory quality, fitness for
purpose, completeness or accuracy of the Service or the
Software.
2.2. We shall not be liable for computer malfunctions,
failure of telecommunications service or Internet connections
nor attempts by you to participate in games by methods, means or
ways not intended by us.
2.3. We cannot guarantee that the Service will never
be faulty but we will correct reported faults as soon as we
reasonably can. If a fault occurs you should report the fault by
e-mail or in writing to Customer Support.
2.4. Although we shall take all reasonable measures to
ensure that the Software and files are free from computer
viruses we cannot and do not guarantee that the Software and
files are free of such problems. It is your responsibility to
protect your systems and have in place the ability to reinstall
any data or programs lost due to a virus.
2.5. We may temporarily suspend the whole or any part
of the Service for any reason at our sole discretion. We may,
but shall not be obliged to, give you as much notice as is
reasonably practicable of such suspension. We will restore the
Service, as soon as is reasonably practicable, after temporary
suspension.
2.6. In the event of a Casino system malfunction all
bets are void.
2.7. In accordance with clause 4.2 below, we will not be liable to you for any
loss that you may incur as a result of such suspension or delay.
- Shared Environments
We may impose any limits or conditions that we, in our sole
discretion, deem fit on any persons who open or attempt to open
Accounts at the Casino where such Accounts originate from
environments where computers are, or the environment is shared.
- Indemnity & Limitation of Liability
4.1. You indemnify and hold harmless the Casino, its
directors, officers, employees, shareholders, agents and
affiliates, the ultimate parent and parent companies of the
Casino and any of its subsidiaries against any and all costs,
expenses, liabilities and damages (whether direct, indirect,
special, consequential, exemplary or punitive or other) arising
from any participation by you at the Casino. The nature of your
participation shall include, but not be limited to, inter alia:
4.1.1. visiting, use or re-use of this Casino Website;
4.1.2. use or re-use of any materials at, or obtained from,
this Casino Website or any other source whatsoever;
4.1.3. entry, use or re-use of the Casino Website server;
4.1.4. facilitating or making a deposit into your Account
at the Casino;
4.1.5. wagering or gaming at the Casino;
4.1.6. acceptance and use of any win or prize at or from
the Casino;
4.1.7. use or re-use of the Casino software, whether
downloaded from the Casino Website or by any other means or
through any other medium.
4.2.In no circumstances whatsoever shall the Casino,
its directors, officers, employees, shareholders, agents and
affiliates, the ultimate parent and parent companies of the
Casino and any of its subsidiaries be liable to you in contract,
tort, negligence or otherwise, for any loss or damage howsoever
arising from any cause whatsoever, whether direct or indirect,
or for any amounts whatsoever (even where we have been notified
by you of the possibility of such loss or damage).
- Promotions & Competitions
5.1. It is recorded that the Casino shall, from time
to time, offer certain promotions and competitions and that
these competitions and promotions may have separate terms,
conditions and rules that are competition or promotion-specific.
5.2. These Terms and Conditions apply to any
competition or promotion.
5.3. In the event of a conflict between these Terms
and Conditions and the promotion or competition-specific Terms
and Conditions, the promotion or competition-specific Terms and
Conditions shall prevail but only to the extent that the Terms
and Conditions conflict with one another.
- Rules of Play
6.1. In addition to these Terms and Conditions certain
Rules of Play shall apply to you and be binding upon you in
respect of your participation at the Casino.
6.2. You hereby agree to be bound by the
aforementioned Rules of Play as if they were specifically
incorporated into these Terms and Conditions.
- Intellectual Property
7.1. We hereby grant you a revocable, non-exclusive,
non-transferable right to use the Casino Website and the
Software and all content derived from the Casino Website and the
Software, including copyright and all intellectual property
rights therein, in connection with the Service in accordance
with these Terms and Conditions.
7.2. You acknowledge and agree that all copyright,
trademarks and all other intellectual property rights in all
material or content supplied as part of the Casino Website and
the Software shall remain at all times vested in us or our
licensors. You are permitted to use this material only as
expressly authorized by us or our licensors.
7.3. You acknowledge and agree that the material and
content contained within the Casino Website is made available
for your personal non-commercial use only and that you may
download such material and content onto only one computer hard
drive for such purpose. Any other use of such material and
content is strictly prohibited. You agree not to (and agree not
to assist or facilitate any third party to) copy, reproduce,
transmit, publish, display, distribute, commercially exploit,
tamper with, or create derivative works of such material and
content.
- General
8.1. Amendment
8.1.1. The Casino may, without notice to you,
amend, alter, delete, interlineate or add to ("Changes")
these Terms and Conditions, the promotion or
competition-specific Terms and Conditions or Rules of
Play at any time whatsoever.
8.1.2. These Changes shall become effective, and
you shall be bound by these Changes, immediately upon
their posting on the Casino Website.
8.1.3. You agree to regularly review these Terms
and Conditions, promotion or competition-specific Terms
and Conditions and the Rules of Play regularly in order
to assess whether any Changes have been made.
8.2. Eligibility
The Casino’s employees, subsidiaries and affiliates connected
to any referral programs linked to the Casino, advertising or
other agencies, licensees, licensors, distributors and their
other associated or affiliated companies or, in the case of
individuals, the immediate family of such individuals, are not
eligible to participate at the Casino as a Real Player.
8.3. Severability
If any part of these Terms and Conditions is deemed unlawful, void
or for any reason unenforceable, then that part shall be deemed
to be severable from the rest of these Terms and Conditions and
shall not affect the validity and enforceability of the
remaining provisions of these Terms and Conditions. In such
cases, the part deemed invalid or unenforceable shall be amended
in a manner consistent with applicable law to reflect, as
closely as possible, our original intent.
8.4. Non-Waiver
No indulgence granted by the Casino to you should be construed as a
waiver of any of our or the Casino’s rights in terms of these
Terms and Conditions.
8.5. Third Parties
Unless otherwise expressly stated, nothing in these Terms and
Conditions shall create or confer any rights on any persons not
party to these Terms and Conditions.
8.6. Assignment
We reserve the right to transfer, assign, sub-license or pledge, in
whole or in part, any of the rights and obligations granted to
or imposed upon us by these Terms and Conditions. You may not
transfer, assign, sub-license or pledge any of the rights and
obligations granted to or imposed upon you by these Terms and
Conditions.
8.7. Whole Agreement
Unless the context otherwise indicates, these Terms and Conditions
set out the entire agreement between us and supersede all prior
oral or written agreements, arrangements or understandings
between us. You acknowledge that you are not relying on any
representation, agreement, term or condition that is not set out
in this Agreement.
8.8. Interpretation
In this Agreement the headings are used for convenience only and
shall not affect its interpretation. References to persons shall
include incorporated and unincorporated persons; references to
the singular include the plural and vice versa; and references
to the masculine include the feminine.
8.9. Government of Gibraltar
This Casino is regulated by the provisions of the Gaming
Legislation, Ordinances and Regulations of and issued by the
Government of Gibraltar. You acknowledge and agree that we may
be bound (and shall be entitled) to disclose certain information
about you and your account to the Government of Gibraltar Gaming
authorities in terms of such laws and regulations.
8.10. Applicable Law & Jurisdiction
The validity, construction and performance of this Agreement shall
be governed by Gibraltarian law and shall be subject to the
non-exclusive jurisdiction of the Gibraltarian superior courts
to which the parties hereby submit, except that a Party may seek
an interim injunction in any court of competent jurisdiction.
8.11. Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim
that you may have (if any) against the Casino shall be initiated
by you within a period of 6 (six) months of the cause of action
arising (the "Prescription Period"); failing which you hereby
forever waive and abandon any right that you may have to enforce
such claim after the Prescription Period and confirm that on the
expiry of the Prescription Period the said claim shall be void,
waived and abandoned in law.
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