TERMS AND CONDITIONS
TROPICANACASINO.com
TERMS OF SERVICE
These Terms of Service were last updated on 28th March 2023. You may always view the most recent version of these Terms of Service here:
YOUR USE OF THIS GAMBLING SERVICE MEANS THAT YOU ACCEPT THE FOLLOWING TERMS OF SERVICE WHICH ARE LEGALLY BINDING. IF YOU DO NOT AGREE TO BE BOUND BY THEM, YOU SHOULD EXIT THE SERVICE IMMEDIATELY. PLEASE READ THESE TERMS OF SERVICE (the “Terms of Service”) CAREFULLY BEFORE USING THIS SERVICE.
Caesars Interactive Entertainment New Jersey, LLC, a New Jersey limited liability company, with offices at One Caesars Palace Drive, Las Vegas, Nevada, USA, 89109 (the "Company" or "We") is the operator of the website domain www.tropicanacasino.com (the "Website"). The Company is licensed and regulated by the New Jersey Casino Control Commission (“CCC”) and the New Jersey Division of Gaming Enforcement (“NJDGE”) for the purposes of operating and offering real-money Internet-based or mobile application-based interactive gaming services (hereinafter referred to as the “Gambling Services” or “Services”).
When You (hereinafter referred to as the “End User” or “user” or “You”) use the Website, or Services, these Terms of Service (hereinafter referred to as the “Terms of Service” or "Agreement") shall apply to such use.
In addition to this Agreement, the Privacy Policy, (the “Privacy Policy”) applies to your use of the Website and the Services, and You should review it prior to any use of the Website or the Services.
Your use of the Company's Gambling Services is strictly subject to all additional rules which shall apply to the type of Gambling Services which You are using, including, but not limited to, the “General Promotion Rules,” the "Bonus Policy" the "Withdrawal Policy" the "Responsible Gaming Policy", and the "Online Caesars Rewards® Policy"(together the "Additional Rules") in each case as updated from time to time.
1.1. By registering with the Company via the Website and/or by using the Company's Gambling Services via the Website 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 clicking on the "Continue Download" button, You agree to be bound by this Agreement, the Privacy Policy and the Additional Rules in their entirety and without reservation. As such, this Agreement constitutes a binding legal agreement between You and the Company and together with the Privacy Policy and the Additional Rules which are deemed to be an integral part hereof, this Agreement shall govern your use of the Website and the Gambling Services at all times.
1.2. The Company operates the Website and offers the Services under an Internet Gaming Permit issued by the NJDGE. All Gambling Services transactions between You and the Company must take place in New Jersey.
1.3. The software offered by the Company, which may be made available in either downloadable or non-downloadable form (the "Software"), allows You to use the Gambling Services currently available via the Website. The Company reserves the right to suspend, modify, remove or add to the Services in its sole discretion, subject to any statute, regulations or direction from the NJDGE with immediate effect and without notice. The Company shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against the Company in such regard.
1.4. In respect to your use of the Services, You may only have one account with each specific brand operated by the Company for which You will register using your own legal name. You shall access the Software and use the Services only via your own account, 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 block your account pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and You being barred from future use of the Services.
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. BY REGISTERING WITH US, USING THE SOFTWARE OR LOGGING ONTO THE WEBSITE, YOU EXPRESSLY CONSENT TO THE TERMS OF THIS AGREEMENT.
2.2. We reserve the right to amend, modify, update and change any of the terms and conditions of this Agreement (including any of the Additional Rules) and the Privacy Policy from time to time and you may be required to accept such changes to this Agreement and the Privacy Policy in order to continue using the Services.
2.3. PLEASE NOTE: We take our responsibilities in relation to your privacy very seriously and therefore changes to the Privacy Policy are strictly subject to the modification provisions found therein.
2.4. Other than in relation to the Privacy Policy, please note that this Agreement shall prevail in the event of any conflict between this Agreement and any of the Additional Rules or other documents referred to in this Agreement. For the avoidance of doubt, the Privacy Policy shall prevail in the event of any conflict with this Agreement.
2.5. Your attention is drawn to our Privacy Policy which describes how We deal with and protect your personal information. By accepting these Terms of Service, You are also acknowledging and accepting the Privacy Policy.
3.1. Use of the Services is restricted to users who are playing from within the State of New Jersey. You represent, warrant and agree to ensure that your use of the Software and the Services will comply at all times with all applicable laws, statutes and regulations.
3.2. You acknowledge that You will be physically within the State of New Jersey during any time of play, and You will comply with our requirements in connection with verifying your physical location at time of play, including by use of your mobile phone's current location. Location coordinates are only gathered after the mobile phone user has agreed to use this service. Upon completing the account registration process, You will receive an SMS text message to your mobile phone prompting You to confirm your consent to use the location verification service (the “Location Service”). You can then accept by replying YES to the SMS text message.
At any time, You can cancel our Location Service’s ability to obtain your location coordinates by replying STOP to the SMS text message or by contacting our support service at [email protected]. You hereby consent to your location being verified via the Location Service each time You login to your account.
The mobile phone Location Service is available only on selected carriers. The Location Service might not be available if the phone is roaming or is turned off. Location coordinate data is transmitted via Secure Socket Layer (SSL) technology into password protected servers. Your data will be used only by us and by our third-party vendors and service providers and any other affiliated entity to provide the Services, or as otherwise permitted by law. We will not sell your data to any third party other than provided in the Agreement. Please contact your carrier for rate information.
Periodic reminders of your ongoing use of the Location Service will be sent to your mobile device every 30 days. If you wish to continue using the Location Service, no additional action will be needed.
To sign-up text YES CZR to 84787. To cancel: Text STOP CZR to 84787.
For Support text HELP CZR to 84787 or email: [email protected]
At any time, You may cancel our ability to obtain your location coordinates by texting STOP CZR to 84787 or contacting us at [email protected]
Message and Data rates may apply.
Additional terms associated with mobile location verification can be found here.
3.3. Certain services will make use of your location data. If you use such services, you consent to us transmitting, collecting, maintaining, processing, and using your location data in order to provide and improve location-based services.
3.4. The Company shall not be responsible for any illegal or unauthorized use of the Software and/or the Services by You. Please consult an attorney 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.
3.5. Persons located outside of the State of New Jersey, at the time of their activity, may not use the Services for real money play.
4.1. No one under the age of 21 (individuals 21 or older referred to herein as "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 and the laws of the State of New Jersey. It is a criminal offense to allow a person who is not Legally of Age to participate in Internet wagering. Anyone who facilitates someone not Legally of Age to use the Services has committed a criminal offense and shall be prohibited from using the Services. The Company reserves the right to request proof of age at any stage, to verify that persons not Legally of Age are not using the Services. The Company may terminate 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. Any initial deposits made by a player in such account shall be returned within 60 business days of cancellation, subject to NJDGE approval. The Company reserves its discretion with respect to refund of any Bonuses or winning funds provided to or gained by the player.
4.2. You hereby explicitly consent that We may verify your registration details, such as your name, physical address where you reside, your date of birth and social security number, and your passport identification (for non-US residents) to confirm that You are Legally of Age. We reserve the right to verify that You have not been previously self-excluded with the Company, the NJDGE and any casino or any program offered by a governmental agency and otherwise remain on the Company’s self-exclusion list. By requesting certain documents, we reserve the right to verify your information, including your e-mail address and payment methods used, at any time. Requested documents shall include, but are not limited to, (a) an identity card such as a valid passport, (b) proof of address such as a utility bill, and (c) proof of payment method, and can be sent to us by emailing [email protected]. In Company’s sole discretion, We may request notarized document copies, meaning the documents must be stamped and attested to by a Notary Public. In the event our request for documents is not completed by You to the Company’s satisfaction, the Company will terminate the account and withhold any funds that are present therein. Any initial deposit funds in such account shall be returned within 7 business days of cancellation. Company reserves its discretion with respect to the refund of any Bonuses or winning funds provided to or gained by the player. Should the documents fail our internal security check (for example, if We suspect that the documents have been tampered with, or are in any way provided to mislead or misrepresent), Company shall be under no obligation to accept such documents as valid, and shall be under no obligation to provide feedback on the exact nature of our findings with regards to the documents.
4.3. You hereby explicitly consent to the Company performing background checks on any user for any reason, including, but not limited to, any investigation into the identity of the user, any credit checks performed on the member, or any inquiries 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 user’s registration details, such as the name, address and age, verification of the user’s financial transactions, and verification of the user’s gaming activity. The Company shall be under no obligation to advise the user 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, in its sole discretion, to block a user’s account, and withhold all funds, on the basis of such an investigation.
4.4.“Key employees” and other Company employees prohibited from wagering in any casino or simulcasting facility in New Jersey are prohibited from using the Services or creating an account with the Company.
4.5. All employees, consultants, directors, officers, agents of Company and its affiliated entities shall comply with the Human Resources policies of the Company prior to any use of Services.
4.6. You have the right to set responsible gaming limits and to self-exclude from the Services as detailed in the Responsible Gaming Policy.
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, including all games and content made available through the Software, for the sole purpose of accessing and using 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 and in accordance with this Agreement 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, lease or grant a security interest in the Software, or any games or content made available through the Software; ?(c) make the Software, or any games or content made available through 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, or any games or content made available through the Software, in a manner prohibited by applicable laws, regulations and/or this Agreement (together the "Prohibited Activities"). End User will be solely liable for any damages, 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.
5.2. The brand names relating to the Website and Services including, but not limited to, “Tropicana Casino”, and “www.tropicanacasino.com”, and any other trademarks, service marks, trade names, domain names and logos used by the Company in connection with the Website, Software, Services or any games made available through the Website, Software or Services, are owned by the Company, its affiliated entities, or its licensors(hereinafter referred to as the "Trademarks") and the Company, its affiliated entities and licensors (as applicable) reserve all rights to such Trademarks. End User shall not use the Trademarks, or any confusingly similar marks except as expressly permitted herein.
5.3. In addition to the rights to its Trademarks, the Company, or its affiliated entities and/or its licensors and/or its service providers own the rights in all other content including, but not limited to, the Software, games, images, pictures, graphics, photographs, animations, videos, music, audio and text available via the Software or on the Website or in connection with the Services (the "Site Content"). The Site Content is protected by copyright and/or other intellectual property rights. The End User shall not modify any of the Site Content and shall not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content or information or work contained in the Software or on the Website or used in connection with the Services, except as expressly permitted herein.
5.4. You hereby acknowledge that by using the Services or the Software You obtain no rights in the Trademarks or the Site Content and You may only use the same for the sole purpose of accessing and using the Services in complete accordance with this Agreement.
5.5. You agree not to upload, post, email, transmit or otherwise make available through the Services or on the Website any material or information that infringes any copyright, trademark, trade secret, patent, right of privacy, right of publicity or other right of any person or entity, or impersonates any other person.
5.6. Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement: The Company respects the intellectual property rights of others and requires users of the Services and the Website to do the same. The Company may in its sole discretion immediately remove or disable any content or block or terminate the account of any user that is found to have infringed on the rights of the Company or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of this Agreement. The Company will, in appropriate circumstances, terminate the accounts of repeat infringers. If You believe any material available on the Website infringes upon a copyright, or otherwise violates your intellectual property rights, you should notify the Company’s Copyright Agent by providing the following information:
(a) Identify the copyrighted work or other intellectual property that You claim has been infringed;
(b) Identify the material on the Website that may be an infringement with enough detail so that We may locate it on the Website;
(c) A statement by You indicating a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(d) A statement by You declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that You are the owner of the copyright interest involved or that You are authorized to act on behalf of that owner;
(e) Your address, telephone number, and email address; and
(f) Your physical or electronic signature.
The Company’s designated agent for notices of claims of copyright or other intellectual property infringement is:
Caesars Interactive Entertainment New Jersey, LLC
Attn: Copyright Agent
One Caesars Palace Drive
Las Vegas, NV 89109
(702) 407-6300 (phone)
(702) 407-6420 (fax)
[email protected] (email)
In consideration of the rights granted to You to use the Services and the Software, You represent, warrant, covenant and agree that:
6.1. As the End User, You are Legally of Age, as defined in this Agreement, of sound mind and capable of taking responsibility for your own actions.
6.2. 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, complete and match the full name(s) on the credit/debit card(s) or other payment accounts including payment via the automatic clearing house (ACH online check transfers) or commonly referred to as “E-Checks” to be used to deposit or receive funds in your account. You shall ensure that funds deposited into an interactive gaming account from a financial institution shall not be transferred out of the interactive gaming account to a different financial institution and ensure You have sufficient available funds prior to conducting any wagering activities. The Company does not extend credit to any player for any reason for wagering or playing or any related activities on the Website. 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 this Agreement, 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. You shall not transfer any funds to any other player or account holder.
6.3. As the End User, your account with the Company is solely for your benefit. You shall not allow anyone (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 used 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.
6.4. As the End User, You are responsible for the security of your username and password on your own computer and any device on which the Software is or may be accessible including an internet access location. If this username password combination is “hacked” from your computer, due to any virus or malware that may be 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. It is the End User’s responsibility to configure your client terminal’s auto lock feature to protect your client terminal from unauthorised use.
6.5. As the End User, You have verified and determined that your use of the Services does not violate any laws or regulations of any jurisdiction. 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.
6.6. As the End User, 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 any loss, You shall have no claims whatsoever against the Company or any company within the same group of companies as the Company or their respective directors, officers, employees, service providers, agents, or any affiliates of any of the foregoing.
6.7. As the End User, You acknowledge that by registering and using the Services You have to provide the Company with certain personal details about yourself (including details regarding your methods of payment). The Company shall handle all information provided by You diligently and shall not disclose such information to third parties except as provided for in the Privacy Policy. We urge You to read the Privacy Policy to ensure that You agree with our policies in relation to how your information is handled.
6.8. As the End User, You agree to use the Website, Services and Software in complete accordance with the terms and conditions of this Agreement and each of the Additional Rules, as amended from time to time, and shall abide by all rules and instructions for playing the games that comprise the Services.
6.9. You are solely responsible for all taxes and tax reporting to any relevant governmental, taxation or other authority on any winnings paid to You by the Company or any other related or affiliated entity, subject to applicable local, state and/or federal tax regulations.
6.10. As the End User, You are solely responsible for any telecommunication network and Internet access services and costs, other consents and permissions required in connection with your use of the Software and the Services. In case of any disconnection or interference with the connection or any alteration to your system made by You, the Company may not guarantee that the Software shall recall your exact status prior to the disconnection event.
6.11. As the End User, You shall use the Services and the Software only in good faith towards both the Company and the other players using the Services. In the event that the Company deems You have been using the Services or the Software in violation of any applicable law and/or to cause direct or indirect harm or injury to the Company or any user of the Services, the Company shall have the right, subject to any applicable law, 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, subject to any applicable laws.
6.12. As the End User, You acknowledge and agree that should You choose to self-exclude, as provided for by regulation and the Company’s policies, from the Services operated by the Company or its affiliates, You may also be excluded from other websites or Services offered by the company during your self-exclusion period. The option to exclude You from opening or using a new or existing account with any other website operated by the Company or the use of the Company’s Services during Your selected self-exclusion period is entirely at the Company’s discretion. It is Your responsibility to determine if another website, product or Service offered by the Company will prohibit you from using said website, product or Service. In the event You are in breach of the foregoing, the Company will block any new account You open with another website operated by the Company, refund any funds You may deposit (or have previously deposited) therein, and shall not be liable to refund You any funds You may have wagered or won through such account.
6.13. You hereby grant the Company and/or the NJDGE your consent to monitor and record your wagering communications and geographic location information at all times and You shall have no claims against the Company in such regard.
7.1. Illegal Funds and Unlawful Activities: As the End User, You declare that the source of funds used by You for gambling on the Website 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 U.S Federal laws and/or the laws of the State of New Jersey, the Regulations of the NJDGE and/or any directives or instructions of the NJDGE. 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 You any funds that may be in your account, subject to approval of the NJDGE. 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. Furthermore, You may be placed on the NJDGE’s exclusion list. As the End User, You agree to cooperate fully with the Company to investigate any such activity.
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 terminated or blocked, pending investigation, and/or notify the proper authorities of the suspected activity, which may result in the closure of all your accounts, and You being barred from future use of the Services. The Company reserves the right to inform Interested Third Parties of your breach. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any of the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. 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 properties or services offered by the Company.
7.3. Artificial Intelligence - Robots: The use of any automated tool designed to provide assistance in betting decisions, or used in any way in connection with your use of the Services is strictly prohibited. Therefore, the use of software, external devices, programs or applications is strictly prohibited. You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence (hereinafter referred to as "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, Company reserves the right to take any action We deem fit, including immediately blocking access to the Services to the offending user and terminating such user's account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You any of the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval. 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 properties or services offered by the Company.
7.4. 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 You any funds that may be in your account, with such funds being forfeited, subject to NJDGE approval.
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 Use of certain Services may require You to be a member of the Rewards Program established by Us or our affiliate and such membership may impact Your ability to access, claim and/or use certain benefits associated with the Services. Your participation in Our Rewards Program is subject to the program’s terms and conditions and to the terms of The Company privacy policy available at https://nj.us.williamhill.com or other locations where it is posted.
8.3. Company shall not be responsible for any third-party access to your account. 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. All transactions where your username and password have been entered correctly will be regarded as valid whether or not authorized by You.
8.4. Monies held in your account shall not gain any monetary interest.
8.5. If You do not access your account by 'logging on' using your account name and password, and either: (i) place a cash wager or bet; or (ii) make a deposit or withdrawal as applicable for any period of twelve consecutive months, your Account will be considered a “dormant account.” Once an account falls into “dormant account” status, any funds remaining on deposit and any pending wagers shall be forfeited in accordance with applicable law.
8.6. We reserve the right to limit or refuse any bet, stake or other wager made by You or through your account.
8.7. You may not sell or attempt to sell or otherwise transfer any chips, bonuses, or any other related items to any other individual or entity. If Company finds evidence of such a sale or attempt sale, Company may terminate your account. If your account is terminated or blocked in such circumstances, the Company is under no obligation to refund You all the funds that may be in your account, with such funds being forfeited, subject to NJDGE approval.
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. Company reserves 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.
9.3. 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 or dispute or fraud relating to ACH/e-checks), Company reserves the right to block a user's account, reverse any pay-out made and recover any winnings. Company 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.
9.4. All payments into your account must be from a single payment source, such as a credit card, debit card, charge card or ACH/e-check on which You are a named account holder.
10.1. All promotions, bonuses or special offers are subject to the Company’s Bonus Policy published on the Website and promotion-specific terms and conditions if applicable, and any 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. The opening of multiple accounts on the Website or on any other sites owned and/or operated by the Company in bad faith shall be considered an abusive behavior.
10.4. In the event that the Company deems in its sole discretion that You have been taking unfair advantage of the Company's bonuses or have executed any other act in bad faith in relation to a bonus promotion offered on the Website or on any other 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 You any bonus funds or winnings that may be in your accounts according to applicable regulation.
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. Company may investigate or pursue complaints made by a player against any other player using the Services and may take any 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.
11.4. The Company shall handle all personal information provided by You strictly in accordance with our Privacy Policy.
12.1. In relation to any and all disputes between users and the Company, 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.
12.2. Notwithstanding the foregoing, the Company will be under no obligation to consider any claims or disputes whether between users themselves or users and the Company that are more than seven days after the date of the original transaction or event giving rise to the dispute. All claims or disputes should be raised with the customer service department at .
12.3. In the event that You have exhausted all reasonable means in resolving a complaint which You may have in relation to the Services, You may utilize the NJDGE’s Internet Dispute Form which may be found on the NJDGE website here.
12.4. You hereby consent to the jurisdiction of the State of New Jersey to resolve any disputes arising out of the Gambling Services or use of the Website.
13.1. 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.
13.2. 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.
13.3. IN THE EVENT OF SYSTEMS OR COMMUNICATIONS ERRORS OR MALFUNCTIONS, BUGS OR VIRUSES RELATING TO ACCOUNT SETTLEMENT OR OTHER ELEMENTS OF THE SERVICES OR RESULTING IN LOSS OF DATA OR WINNINGS OR BONUSES OR ANYTHING ANALGOUS THERETO 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 PAYMENTS IN RELATION THERETO AND TAKE ANY OTHER ACTION TO CORRECT SUCH ERRORS EXCEPT THAT THE COMPANY IS NOT REQUIRED TO PROVIDE ANY BACK UP NETWORK AND/OR SYSTEMS OR SIMILAR SERVICES.
13.4. 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.
End User acknowledges and agrees that:
14.1. You are free to choose whether to use the Services and do so at your sole option, discretion, and risk.
14.2. Neither the Company, its affiliated companies or any third party service provider (the "Affiliates") or its third party licensors shall 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 use 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).
14.3. Neither the Company nor its Affiliates or its third-party licensors shall 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 Website or otherwise via the Services. The Company, its Affiliates and its third-party licensors are not responsible for the content contained on any Internet site linked to or from the Website or otherwise via the Services.
14.4. The Company, its Affiliates and its third-party licensors shall not be liable to You or any third party for any modification to, suspension of or discontinuance of the Software or the Services.
14.5. 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 Website, Services, or their respective content, or any error or omission in content or any other factors beyond our control:
(a) the Company, its Affiliates and its third party licensors will not be responsible for any loss, including loss of winnings, that may result from the circumstances detailed in the paragraph above; 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, in 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, as permitted under NJ gaming regulations.
14.6. 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.
15.1. As the End User, You agree to fully indemnify, defend and hold the Company, CIE, Affiliates, third party service providers and licensors 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 of:
(a) any breach of this Agreement by You.
(b) any violation by You of any law or the rights of any third party.
(c) any 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) any acceptance of any winnings.
15.2. In addition to any other remedy available to the Company, as the End User, if You breach any of the terms and conditions of this Agreement and any Additional Terms or the Company has reasonable grounds for suspecting that You have breached the terms and conditions of this Agreement, and any Additional Terms, 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.
16.1. This Agreement shall be in full force and effect immediately upon your completion of the registration process and valid download of the Software with the Company and shall continue in full force and effect 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) in the event, for any reason the Company decides to discontinue to provide the Services in general or specifically to You;
(b) in the event Company believes that You have breached any of the terms of this Agreement.
(c) in the event your use of the Services has been in any way improper or breaches the spirit of this Agreement.
(d) in the event 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;
(e) upon instruction of the appropriate law enforcement agency or regulatory body; or
(f) for any other reason Company may determine.
Unless otherwise provided herein, or as required by law or regulation, on termination of this Agreement any balance in your account will be returned to You within a reasonable time of your request, subject to Company’s right to deduct any amounts owed by You to Company.
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, together with the Privacy Policy and the Additional Rules contain the entire agreement between the Company and You, relating to your use of the Software and the Services and supersedes any and all prior agreements 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 representations other than this Agreement, the Company’s Privacy Policy and the Additional Rules.
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. As the End User, You agree to not transfer, assign, sublicense or pledge in any manner whatsoever any of your rights or obligations under this Agreement.
17.8. 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.
17.9. Pursuant to State and/or Federal law, You may be required to complete certain tax forms before winnings that exceed a taxable threshold can be released to you. By using the Services, you agree to comply in full with all applicable tax laws, and hereby release Company from any liability associated with your compliance therewith.
17.10. There are no fees imposed for partaking in games offered on the Website.
Notwithstanding anything contained herein, the Services are provided in accordance with the New Jersey Casino Control Act, N.J.S.A. 5:12-1 et seq. and the Regulations of the NJDGE, N.J.A.C. 13:69-1.1 et seq. and the Company's Internal Controls.
19.1. For service quality assurance, calls made by You to the customer service department may be recorded.
19.2. 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.
19.3. The Company will not tolerate any abusive behavior exhibited by users of the Service to the Company’s or its service provider’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 or its service provider’s employees, the Company shall have the right to block or terminate your account with the Company.
19.4. The Company may, from time to time, offer You special promotions. These promotions may be communicated to You by various means, including but not limited to (i) email, (ii) telephone, (iii) SMS text message, and (iv) additional windows opening from within the Software. Promotions begin at 12:01am and end at 11:59 pm Eastern on specified dates, unless stated otherwise in the promotion’s Terms & Conditions.
19.5. Company shall provide You with an opt-out option in relation to various types of marketing communications from the Company and should You choose to opt-out from communications, the Company shall respect your wishes in such regard.
This Agreement including the Additional Rules and Privacy Policy and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of the State of New Jersey. You hereby consent to the exclusive jurisdiction of the courts in the State of New Jersey to resolve any disputes arising out of Internet or mobile gaming.
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.
Subject to Section 6.10 above, the following provisions apply in the case of player disconnection from the network server during gameplay: (i) In the case where no player input is required to complete the game, the game shall produce the final outcome as determined by the random number generator. The game outcome will be reflected in the game history available to the player. (ii) In the case where player input is required to complete the game, the game shall not produce the final outcome. Upon the reconnection of the player to the network, he will be returned to the game state immediately prior to the interruption and allowed to complete it.
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