PLEASE READ THE FOLLOWING CAREFULLY BEFORE PRESSING THE "YES" BUTTON BELOW
BY PRESSING THE "YES" BUTTON BELOW AND USING THE SOFTWARE/SERVICE, YOU ARE AGREEING TO ALL
THE TERMS AND CONDITIONS OUTLINED HEREAFTER
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OUTLINED HEREAFTER, PLEASE PRESS THE "NO" BUTTON BELOW
AND YOU WILL EXIT THE SOFTWARE/SERVICE
Terms and Conditions
1. This license agreement is between BARDENAC HOLDING N.V. (the "Company") and you (the "Customer"). By pressing the "YES" button below, the Company agrees to provide to the Customer the services listed below and the Customer agrees to be bound by all of the following terms and conditions.
2. Grant of License
The Company grants to the Customer a personal, non-exclusive, non-assignable and non-transferable license to use and display, in whole and not in part, the Company's software and Internet gambling service (hereinafter collectively referred to as "Casino Regal") on any machine of which the Customer is the primary user. Unauthorized copying of the software or the written materials associated therewith is expressly forbidden. The Customer may not sublicense, assign or transfer this license, or rent or lease any portion of Casino Regal. The Customer may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of Casino Regal, or create derivative works based on same.
The Company reserves the right to amend these terms and conditions from time to time and vary them without prior notice to the Customer, as well as to alter prices, features, specifications, capabilities, functions or other characteristics of Casino Regal. In such a case, the Customer will be notified of the amendments by on-screen display before he/she starts to use the system .
3. Age Requirement/Legality
The Customer confirms that he or she is at least 18 years of age, or of the required legal age in the place in which he/she uses Casino Regal, to be authorized to use Casino Regal. The Customer shall not allow any minor to use Casino Regal. The Customer acknowledges that he/she is solely responsible for all use of Casino Regal through his/her "alias", password and/or PIN as he/she is better suited to enforce restrictions on same; the Customer will endeavor to keep his/her :alias", password or PIN secret and confidential. Any unauthorized use of the Customer's "alias", password or PIN shall be the responsibility of the Customer and be deemed to be his/her use, and any liability flowing therefrom shall be that of the Customer.
The Customer's interest in the service is personal, and not professional. The Customer is using Casino Regal solely for his/her own personal entertainment, and any other use, such as for commercial purposes, is prohibited.
It is the Customer's responsibility to verify the laws on betting governing the place in which he/she uses Casino Regal to determine restrictions before participating.
All residents of the Netherlands Antilles are prohibited from participating at Casino Regal.
4. Use and Betting
To determine how to use Casino Regal, the Customer can use the help keys/menu of the program; however, the Company believes the on-screen display is self-evident as to the method of use. Each time the Customer places a bet, he/she confirms his/her understanding and acceptance of the way Casino Regal operates. The Customer accepts and agrees that all computer instructions and responses sent over the Internet to and from the Company in connection with using Casino Regal will be binding on the Customer.
Ecash in the Customer's Ecash "personal account" is used to place bets in the games. The Company reserves the right to refuse or limit any wager and the Customer can not bet more than what is in his/her "personal account". Any Ecash winnings of the Customer are placed back into his/her "personal account". Deposits to and withdrawals from the Customer's Ecash "personal account" must be arranged through the use of an Ecash service company which has an Ecash system compatible with the Company's Ecash software. By using Casino Regal and placing bets, the Customer authorizes the Company to deal with the Ecash service company to relay Ecash deposit and withdrawal instructions on his/her behalf.
The Company reserves the right to withhold payment of winnings should evidence or suspicion of any tampering with Casino Regal, or failure within the same, make itself known.
The Customer is required to have the necessary funds in its "personal account" to satisfy transfers from the "personal account" to the Company. If the customers account is credited and funds associated with such a credit are not received by the company, the company reserves the right to, and will withhold all winnings earned from the time the account has been credited.
5. Game Integrity
The rules of the games accessed via Casino Regal are contained in the software. The Customer accepts and agrees that a random number generator software program developed by the Company will conclusively determine winners of the games played.
6. Copyright
Title, ownership and all intellectual property rights in and to Casino Regal, including images, photographs, animations, video, audio, music and text incorporated into same, shall remain in the Company. The Customer acknowledges that Casino Regal in source code form remains a confidential trade secret of the Company. The Customer agrees not to modify Casino Regal, or attempt to decipher, decompile, disassemble or reverse engineer Casino Regal, or create derivative works based on same.
The content of Casino Regal is protected as a collective work under applicable copyright laws. The copying, redistribution, or publication by the Customer of any such content or any part of Casino Regal is strictly prohibited.
7. Limited Warranty
The Company warrants the software (on CD-ROM disk) to be free from defects and software viruses at the time of delivery to the Customer.
To the extent permitted by law, the Company makes no other warranties, expressed or implied, with respect to Casino Regal, its merchantability, or its fitness for any purpose.
8. Limited Liability
Neither the Company nor anyone else involved in creating, producing or delivering Casino Regal shall be liable for any direct, indirect, incidental, special or consequential damages of any sort, whether arising in tort, contract or otherwise, including, without limitation, loss of income, use, or information, even if the Company has been informed of the possibility of such damages, arising out of the Customer's use or misuse of Casino Regal, or inability to use Casino Regal or out of any breach of any warranty.
If, for some reason, the Company is found liable in respect of any matter, the Company's liability in respect of any claim or loss shall be limited to the amount paid by the Customer for the software.
9. The Customer shall hold the Company, its licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners and retailers harmless and shall indemnify the same from any costs, expenses, liabilities and damages whatsoever that may arise as a result of the Customer's use of Casino Regal.
10. Evidence of transactions is displayed on-screen while the customer is using Casino Regal.
With respect to the amount of money in the Customer's Ecash 'personal account', if there are any discrepancies between the on-screen display and the Company's records, it is the latter which prevail.
The Company supplies on-screen records of Customer transactions on a monthly basis.
11. The Company is a foreign company and does not report winnings, losses or account activities to any government agencies. Winnings may be taxable in the Customer's country and the Customer is responsible for the payment of same.
12. The license shall be governed by and construed in accordance with the laws of the country of the Netherlands Antilles. The Company and Customer, or any other party affected by this agreement, shall submit to the exclusive jurisdiction of the Courts of Curacao, N.A..
13. Modifications.
The Agreement is subject to modification, amendment or restatement (in part or full) upon not less than ten (10) days notice to the Customer. Notice for this purpose shall be deemed given upon either:
(i) mailing a copy of the modification, amendment or restatement to the Customer by regular mail to Customer's last known address (which notice may be contained in a mailing to Customer containing other notices or information); or (ii) posting on the Company's Internet home page or the Software's Internet home page a copy of the modification, amendment or restatement for not less than thirty (30) days prior to the effective date. No modification, amendment or restatement hereof or waiver of any provision hereof shall be valid unless either the procedures set forth have been followed or the same shall be in writing and signed by the Customer and the Company. No course of prior dealings, usage of trade or parol or extrinsic evidence shall be used to supplement or modify any terms hereof. No employee, officer or agent of the Bank may verbally alter, modify or waive any provision of the Agreements.
14. Casino Regal is an Internet gaming casino and operates under the license of CYBERLUCK CURACAO N.V. Casino Regal is operated under a gaming license granted by the government of the Netherlands Antilles.
