Terms & Conditions
PLEASE READ CAREFULLY THE FOLLOWING LEGALLY BINDING AGREEMENT BETWEEN CLUBHOLLYWOOD AND YOURSELF (THIS "AGREEMENT"). PLEASE MAKE SURE YOU FULLY UNDERSTAND THE CONTENTS OF THIS AGREEMENT. IF YOU HAVE ANY DOUBTS ABOUT ANY OF YOUR RIGHTS AND OBLIGATIONS RESULTING FROM ENTERING INTO THIS AGREEMENT, PLEASE CONSULT LEGAL COUNSEL IN YOUR JURISDICTION.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ACKNOWLEDGE THAT
YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND OUR PRIVACY POLICY SET OUT AT www.clubhollywood.com/privacy.html
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU ALSO 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 MANDATORY LAW.
IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT CLICK
THE "I AGREE" BUTTON, DO NOT CONTINUE TO DOWNLOAD, INSTALL OR
OTHERWISE USE THE SOFTWARE, AND REMOVE THE SOFTWARE FROM YOUR COMPUTER.
1. DEFINITIONS
The following words and terms, when used with this Agreement, shall have the
following meanings, unless the context clearly indicates otherwise:
| Applicable Laws |
Any
laws, rules and regulations relating to online gambling, access to or use of
the Online Casino and/or the Website, or the making of Deposits to the Online
Casino and receipt of any Withdrawals from it, and that apply to you in the
country where you live, and, if different, from which you are conducting such
activities, and that otherwise apply to you. |
| Deposits |
Any
transfer of funds from you to your Player Account either directly or through
a Payment Provider; |
| Online
Casino |
Our
internet gaming system on the Website and related services and gaming
activities as offered and listed at www.clubhollywood.com,
including but not limited to, online casino and/or online bingo and/or any
other games, where applicable; |
| Payment Provider |
A third
party payment processing company; |
| Player Account |
One
personal single account pertaining to one domestic household address, opened
by an individual and maintained with us to enable that person to play games
on the Online Casino; |
| Software |
The
software licensed to us that is required to be downloaded, accessed or
otherwise utilized by you from the Website for the purpose of enabling you to
participate in the Online Casino, including any program or data file derived therefrom and any related documentation, and including
any enhancements, modifications, additions, translations or updates to such
software; |
| Stake |
Any
monies wagered by a holder of a Player Account in play-for-real on the Online
Casino; |
| Us/We/Ours |
www.clubhollywood.com; |
| Username and Password |
The
username and password chosen by a person upon registration with the Online
Casino; |
| Website |
www.clubhollywood.com; and any
related sites on which the Online Casino is operated and are accessible via
links or any other access method; |
| Winnings |
Any
winnings made by a holder of a Player Account in play-for-real on the Online
Casino; |
| Withdrawal |
Any
transfer of funds from your Player Account to yourself either directly or
through a Payment Provider; |
| You |
The user
of the Software downloaded from the Website. |
2. SUBJECT MATTER OF AGREEMENT
- This Agreement covers the arrangements between you and us in relation to your use of the Online Casino for playing play-for-real and/or play-for-fun games, as applicable.
3. LEGAL REQUIREMENTS AND RESTRICTIONS
3.1 We are a
corporation incorporated under the laws of Malta. We are regulated for the
purpose of operating a virtual casino on the internet under the name www.clubhollywood.com, under a license issued by the LGA of Malta.
3.2 You can only use the Online Casino and/or the
Website if you are the legal age as determined by Applicable Laws.
3.3 In any event and under any circumstances, you
cannot use the Online Casino and/or the Website if you are under 18 years of
age.
3.4 Some legal jurisdictions have not addressed the
legality of online gambling and others have specifically made online gambling
illegal. We make no representation or warranty with respect to the legality or
otherwise of (1) the access to and use of the Online Casino and/or the Website,
and (2) the making of Deposits to the Online Casino and receipt of any Winnings
from it, under any Applicable Laws.
3.5 We do not intend for anyone to use the Online
Casino and/or the Website where such use is illegal. The availability of the
Online Casino and/or the Website does not constitute an offer or invitation by
us to use the Online Casino in any place in which such use is illegal. Use of
the Online Casino is forbidden wherever prohibited by any Applicable Laws and
any Winnings derived from such forbidden use will be void.
3.6 You accept sole responsibility for determining
whether your use of the Online Casino is legal under any Applicable Laws.
Please consult legal counsel in the applicable jurisdiction if you have any
doubts about the legality of your access to and use of the Online Casino and/or
the Website, or the making of Deposits to the Online Casino and receipt of any
Winnings from it, under any Applicable Laws.
3.7 We shall be entitled to inform relevant
authorities, other online casino operators, other online service providers and
banks, credit card companies, electronic payment providers or other financial
institutions of your identity and of any suspected unlawful, fraudulent or
improper activity, and you will cooperate fully with us to investigate any such
activity.
4. LICENCE TO USE SOFTWARE
This
website is owned and operated by Vista Global, Ltd., Abacus, Suite 2, Psaila Street,
St. Venera, HMR16, Malta.
Vista Global Limited is regulated by the Lotteries & Gaming Authority of Malta and presently holds a provisional license, LGA/CL1/429/2007.
We hereby grant you a personal, non-exclusive,
non-transferable right to use the Software, solely for playing in the Online
Casino, in accordance with the following provisions.
4.1 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.
4.2 This license does not apply to certain
territories which are identified in the following paragraph, of which YOU
SHOULD NOT BE A RESIDENT AND FROM WHICH YOU ARE NOT ALLOWED TO ACCESS OR USE
THE ONLINE CASINO AND/OR THE WEBSITE AND/OR THE SOFTWARE, OR TO MAKE ANY
DEPOSIT OR RECEIVE ANY WITHDRAWAL.
This list may be changed by us from time to time and
IT IS YOUR DUTY TO CONSULT AND CHECK REGULARLY THIS END-USER AGREEMENT IN OUR
WEBSITE REGARDING ANY CHANGES TO THIS LIST.
THE EXCLUDED TERRITORIES ARE AS FOLLOWS:
ANTIGUA AND BARBUDA, BULGARIA, CYPRUS, ESTONIA, ISRAEL, NETHERLANDS ANTILLES, PHILIPPINES, TURKEY, USA AND ITS TERRITORIES.
4.3 You are not permitted to and will not permit or
assist others to:
4.3.1 install or load the Software onto a server or
other network device or take other steps to make the Software available to any
other person via any form of "bulletin board", online service or
remote dial-in, application service provider services, internet services
provider services, timesharing arrangements, outsourcing services or bureau
services;
4.3.2 sub-license, assign,
rent, lease, loan, transfer or copy the Software or your license to use the
Software, or make or distribute copies of the Software;
4.3.3 translate, reverse
engineer, decompile, disassemble, adapt, modify, create derivative works based
on, or otherwise modify the Software;
4.3.4 copy or translate any
user documentation provided 'online' or in electronic format; or
4.3.5 enter, access or
attempt to enter or access or otherwise bypass the applicable security system
or interfere in any way (including but not limited to robots and similar
devices) with the Online Casino or the Website, or attempt to make any changes
to the Software and/or any features or components thereof.
4.4 You do not own the Software. The Software is
owned and is the exclusive property of the licensor, a third party software
provider company (the "Software Provider"). The Software and
accompanying documentation which have been licensed to us are proprietary
products of the Software Provider and protected throughout the world by
copyright law and other intellectual property law. Your use of the Software
does not give you ownership of any intellectual property rights in the Software
or any other rights in or with respect to the Software, except for the right to
use the Software as expressly provided in this Agreement. This Agreement
applies only to the grant of a license to use the Software.
4.5 Any trademarks, service marks and/or trade names
used by us on the Website from time to time (the "Trademarks") are
the trademarks, service marks and/or trade names of ours or our affiliates or
licensors, and we and/or such entities, as applicable, reserve all rights to
the Trade Marks. In addition, other content on the Website, including, but not
limited to, the Software, images, pictures, graphics, photographs, animations,
videos, music, audio and text (the "Site Content") belongs to us or
our affiliates or licensors and is protected by copyright and/or other
intellectual property rights. You hereby acknowledge that by accessing and
using the Online Casino and the Website you obtain no rights in or to the
Trademarks or the Site Content and must not use them without our prior written
consent.
4.6 THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT ANY WARRANTIES, CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS OR
IMPLIED, STATUTORY OR OTHERWISE. WE AND THE SOFTWARE PROVIDER, AND ALL OF OUR
AND THEIR AFFILIATES AND RELATED PARTIES, HEREBY EXCLUDE ALL IMPLIED TERMS,
CONDITIONS AND WARRANTIES (INCLUDING ANY WARRANTY OF MERCHANTABILITY, SATISFACTORY
QUALITY AND FITNESS FOR ANY PARTICULAR PURPOSE), AND DO NOT WARRANT THAT THE
SOFTWARE WILL MEET YOUR REQUIREMENTS.
4.7 NEITHER WE NOR THE SOFTWARE PROVIDER, NOR ANY OF
OUR OR THEIR AFFILIATES AND RELATED PARTIES, WARRANT OR GUARANTEE (1) THAT THE
SOFTWARE WILL BE NON-INFRINGING, (2) THAT THE OPERATION OF THE SOFTWARE WILL BE
ERROR FREE OR UNINTERRUPTED, (3) THAT ANY DEFECTS IN THE SOFTWARE WILL BE
CORRECTED, (4) THAT THE SOFTWARE OR THE SERVERS ARE FREE OF VIRUSES AND BUGS,
OR (5) THE PRIVACY, SECURITY, AUTHENTICITY AND NON-CORRUPTION OF ANY
INFORMATION TRANSMITTED THROUGH, OR STORED IN ANY SYSTEM CONNECTED TO, THE
INTERNET.
4.8 NEITHER WE NOR THE SOFTWARE PROVIDER, OR ANY OF
OUR OR 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
COMMUNICATIONS OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE SETTELMENT OF
ACCOUNTS OR OTHER FEATURES OR COMPONENTS OF THE SOFTWARE. IN THE EVENT OF SUCH
ERRORS, WE WILL FURTHER HAVE THE RIGHT, BUT NOT THE OBLIGATION, TO REMOVE ANY
RELEVANT GAMES FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER ACTION TO
CORRECT SUCH ERRORS.
4.9 The Software may include confidential information
which is secret and valuable to the Software Provider and/or to us. You are not
entitled to use or disclose that confidential information other than strictly
in accordance with the terms of this Agreement.
5. SECURITY
5.1 We only allow access to playing games on the
Online Casino through secured networks using encryption of the user name and
password. You cannot play games on the Online Casino without passing our
customer security login.
5.2 You may not use the Online Casino for any
commercial use or on behalf of another person. Any use of the Online Casino by
you is for your own private purposes only.
5.3 You may only have one Player Account, for which
you will register using your own, correct name, and each Player Account shall
only have one personal single account-holder pertaining to one domestic
household address.
5.4 You must keep your Username and Password
confidential and should not disclose them to anyone. You shall be responsible
for all activities and transactions conducted on your Player Account. Every
person who identifies him/herself by entering your correct Username and
Password is assumed by us to be you, and all transactions where the Username
and Password have been entered correctly will be regarded as valid. We will not
be responsible for any third party access to your Player Account and under no
circumstances shall we be liable for any losses incurred by you as a result of
misuse of your Username and Password by any person or for any unauthorized
access to your Player Account.
5.5 You may not use anyone else's user name or
password, and you will not use any other person's Player Account or means of
payment to access or use the Online Casino or the Website or the Software.
5.6 We are using advanced methods for the encryption
of the username and password information, and any other sensitive information
transferred to and from the client application and our servers, thus securing
the player and us against manipulation attempts by a third party. You will not
break in, access or attempt to break in or access or otherwise by-pass our
security. If we suspect that you have attempted to or may be attempting to
break in, access or otherwise by-pass our security or the Software, we will be
entitled to terminate with immediate effect your access to the Online Casino
and/or have your account blocked, and we reserve the right to inform the
applicable authorities.
5.7 We will only use your personal information in
accordance with our privacy policy, which is set out in full at www.clubhollywood.com/privacy.html
. We reserve the right to amend the Privacy Policy at any time. We may also
ask you to provide us with additional details and any such additional
information will also be kept confidential in accordance with our Privacy
Policy.
5.8 We will be entitled, under certain circumstances, to disclose certain details to relevant
authorities should it be required under any applicable law or by any
governmental or regulatory body, to the extent required by law. We shall
further be entitled to disclose information pursuant to clause 3.7 above.
6. YOUR RESPONSIBILITIES
6.1 You are solely responsible to determine whether
the access and use of the Online Casino by you, and the making of Deposits to
the Online Casino and receipt of Winnings from it, are permitted under any
Applicable Laws.
6.2 It is your responsibility to ensure that you
understand the rules and procedures of the games in the Online Casino and your
use of online gaming in general, before you play any such games.
6.3 You shall not transfer in any way whatsoever your
rights under this Agreement, without our prior written consent, which may be
given in our sole discretion.
6.4 You are fully responsible for all taxes, fees and
other costs incidental to and arising from any Winnings resulting from use of
the Online Casino. You will indemnify and reimburse us for any costs, expenses
or losses that may be caused to us as a result of any claim or demand made by
any governmental or other authority, with regard to tax withholding obligations
or similar obligations to which we may be subject in connection with processing
your Withdrawal requests.
6.5 It is your responsibility to inform us of any
changes to your registration details.
6.6 You shall provide us with all information requested
by us and necessary for the operation of the Player Account, including, but not
limited to, proof of identity, notarized documentation, proof
of address, utility bills, bank details, bank statements and bank references.
You shall provide us with any such requested documents immediately upon request
and not later than within a reasonable time of response.
6.7 You acknowledge and understand that separate
terms and conditions exist with respect to promotions, bonuses and special
offers, and are in addition to this Agreement. These terms and conditions are
set forth in www.clubhollywood.com/bonus-terms.html,
or have been delivered to you personally, as the case may be. In the event of a
conflict between the provisions of such promotions, bonuses and special offers,
and the provisions of this Agreement, the provisions of such promotions,
bonuses and special offers will prevail.
6.8 For the removal of doubt, it is clarified that
any use by you of the services of a Payment Provider will be subject to the
terms and conditions of use prescribed by such Payment Provider. This, however,
will not derogate from your obligations to us under this Agreement.
6.9 You are solely responsible for the supply and
maintenance of all of the computer equipment and telecommunications networks
and internet access services that you need to use in order to access the Online
Casino. We will not be liable in any way whatsoever for any losses caused to
you by the internet or any telecommunication service provider which you have
engaged in order to access the Online Casino or the Website.
6.10 You acknowledge that our random number generator
will determine the outcome of the games played on the Online Casino and you
accept the outcomes of all such games. You further agree that in the unlikely
event of a disagreement between the result that appears on the Software and the
game server, the result that appears on the game server will prevail, and you
acknowledge and agree that our records will be the final authority in
determining the terms and circumstances of your participation in the Online
Casino gaming activity and the results of this participation.
6.11 You will not commit any acts or engage in any
conduct that is or that could be reasonably expected to be damaging to our
reputation or to the reputation of the Software Provider or any other related
service providers.
6.12 You will fully indemnify, defend and hold us and
our officers, directors, employees, agents, contractors and suppliers
(including without limitation the Software Provider) harmless from and against
any and all losses, costs, expenses, claims, demands, liabilities and damages
(including legal fees), however caused, that may arise as a result of or in
connection with (a) access and use of the Website, the Online Casino or the
Software by yourself or by anyone else using your Username and Password; or (b)
breach by you of any of the terms and provisions of this Agreement.
6.13 We reserve the right to change this Agreement from
time to time as set out in clause 11 below. It is your responsibility to check
from time to time and see whether there is an updated version in accordance
with clause 11 below.
7. YOUR WARRANTIES AND REPRESENTATIONS
You hereby warrant and represent to us that:
7.1 you are not a resident of any of the excluded
territories specified as such in clause 4.2 above, as this list may be updated
from time to time, and you are not attempting to access or use the Online
Casino and/or the Website and/or the Software from any of these territories;
7.2 you are acting on your
own behalf;
7.3 you are not restricted
by limited legal capacity;
7.4 you are not classified
as a compulsive gambler;
7.5 all details which you
give or have given in the process of registering with the Online Casino are
accurate and you will continue to update such details in the event of any
changes;
7.6 you are fully aware of
the fact that there is a risk of losing money through the use of the Software
to play games on the Online Casino;
7.7 you are not depositing
funds originating from criminal and/or illegal and/or unauthorized activities;
7.8 you do not otherwise conduct criminal or unlawful
activities and/or intend to utilize the Player Account in connection with such
activities; you do not use or intend to use or intend to allow any other person
to use the Online Casino or the Player Account for any prohibited or unlawful
activity, including but not limited to fraud or money laundering, under any
applicable law, including without limitation the laws in your jurisdiction and
the laws that apply to us;
7.9 you are not colluding or attempting to collude
and you do not intend to participate, directly or indirectly, in any collusion
scheme with any other player in the course of any game you play or will play on
the Online Casino, and are prohibited from the use of robots or other similar
types of devices and software that can distort normal game play;
7.10 you are not under the age of either (i) 18; or (ii) the age at which gambling activities are
legal under the law of the jurisdiction that applies to you, whichever is
greater;
7.11 the debit/credit card
details provided by you in the registration process are those of the registered
account holder and the card has not been reported as lost or stolen;
7.12 you are not one of our officers, directors,
employees, consultants or agents or of one of our affiliated or subsidiary
companies, or suppliers or vendors, and you are not a relative of any of them
(for the purpose of this clause, the term "relative" means spouse,
partner, parent, child or sibling); in the event that you breach this
restriction, one of the actions that will be taken against you is that you will
not be entitled to any of your Winnings;
7.13 you have not previously held a player account
with us or with any other online gaming operator which was suspended or
terminated either by us or by such other online gaming operator, and you have
not in the past charged back any monies via any player account; and
7.14 in opening the Player
Account, you will not provide any information or make any statement to us which
is untrue, false, incorrect, incomplete or misleading.
8. PLAYER ACCOUNT, DEPOSITS AND WITHDRAWALS
8.1 General:
8.1.1 You agree that financial account transactions
will be handled by us directly or through a Payment Provider or any other third
party.
8.1.2 Deposits and Withdrawals may be transferred
from us to you and vice versa, either directly or through a Payment Provider
chosen by you (subject, however, to clause 8.4.3 below).
8.1.3 We do not guarantee that there will not be any
delay in the processing or receipt of Deposits or Withdrawals.
8.1.4 There are no set-up charges and no monthly fees
for maintaining a Player Account.
8.1.5 You acknowledge and agree that your Player
Account is not a bank account and is therefore not insured, guaranteed,
sponsored or otherwise protected by any deposit or banking insurance system or
by any other similar insurance system of any other jurisdiction, including but
not limited to your local jurisdiction. Furthermore, the Player Account does
not bear interest on any of the funds held in it.
8.1.6 Players are not allowed to sell or transfer accounts from one player to another, or transfer funds from one player account to another.
8.2 Making Deposits and crediting funds to your
Player Account:
8.2.1 Once your Player Account has been opened, you
will be able to credit funds to your Player Account by requesting an electronic
transfer of funds using any of the means set out in the Cashier section of the
Online Casino. Otherwise, you may make Deposits solely by any of the following
payment methods:
i.
by a credit card that must be in good standing and registered in your name, and
which is acceptable to us at our sole discretion;
ii. by a debit card that
must be in good standing and registered in your name, and which is acceptable
to us at our sole discretion;
iii. by a payment
pre-authorized by us;
iv. through a Payment
Provider acceptable to us;
v. by providing us with a
valid cheque, money order or wire transfer; or
vi. by such other method
deemed acceptable to us from time to time, at our sole discretion.
8.2.2 You agree to fully pay any and all payments and
charges due to us or to Payment Providers in connection with your use of the
Online Casino. You further agree not to make any charge-backs or renounce or
cancel or otherwise reverse any of your Deposits, and in any such event you
will refund and compensate us for such unpaid Deposits including any expenses
incurred by us in the process of collecting your Deposit.
8.2.3 Each request made by you to fund your Player
Account shall constitute a valid authorization for us or for the Payment
Provider, as applicable, to transfer the amount specified in your request, by
us or from or by the Payment Provider chosen by you, as applicable, to your
Player Account.
8.2.4 We will be entitled to determine minimum and
maximum amounts to be deposited in a Player Account, in our discretion.
8.2.5 We will be entitled to determine whether the
funds that you have requested to be credited to your Player Account are
available, upon receiving confirmation satisfactory to us from the relevant
Payment Provider in accordance with such Payment Provider's approval procedures
for such transactions to be reconciled, final, complete
and cleared. Only when your Deposits are reconciled and cleared to our
satisfaction by the relevant Payment Provider, will the Player Account be credited with the funds, unless stated differently.
8.2.6 You acknowledge that you may, from time to
time, upon our request, be required to provide additional details in respect of
the Deposits made by you.
8.2.7 Any Deposit that is requested by you is
non-reversible and non-refundable.
8.3 Wagering and utilizing the Player Account:
8.3.1 Any Stake made by you will be treated by us as
an authorization to debit your Player Account. Provided that the balance of
your Player Account at the time that the Stake is made is greater than or equal
to the amount of the Stake, we will debit your Player Account in the amount of
the Stake.
8.3.2 Your Player Account will immediately be
credited with the amount of any Winnings made by you.
8.4 Withdrawals from the Player Account:
8.4.1 Subject to clauses 8.4.2 and 8.4.4 below, you
may withdraw any unutilized and cleared funds held in your Player Account, by
submitting a Withdrawal request in accordance with our Withdrawal Conditions.
It is your duty to access the Website and review any changes to the Withdrawal
Conditions. On any Withdrawal approved by us, and provided that you give us
sufficient information as to how the funds should be transferred to you, we
will return the relevant funds to you in accordance with clause 8.4.3 (less
charges incurred or any required amount from your Withdrawal in order to comply
with any applicable law).
8.4.2 You agree that we will have the right to
withhold any Withdrawals, in the event the we believe or suspect that you may
be engaging in or have engaged in fraudulent, collusive, unlawful or improper
activity, or if we are concerned about the operation of that Player Account or
the request for Withdrawal. In such cases, we may commence and/or be involved in
and/or assist any investigation into such circumstances, and you agree to
assist and cooperate with any such investigation.
8.4.3 We will attempt to accommodate your request
regarding the payment method and currency of payment of your Withdrawal. This, however,
cannot be guaranteed. Therefore, we may process and pay Withdrawals in a
different payment method than the one requested by you, such as through
different Payment Providers, a bank draft or wire transfer. Similarly, in
certain cases, the currency of your Withdrawal may not be the currency in which
your deposit was made or that was otherwise requested by you.
8.4.4 To be able cash out, your player account is required to have a minimum of $10. This is to cover for the cashout handling fee of $10 that will be deducted from your player account for every successful withdrawal. Your balance will only be released upon payment of the handling fee.
8.4.5 You are aware of and agree that players are
allowed to withdraw not more than $9,990/£9,990/€9,990 per month. If the amount
to be withdrawn is greater than $9,990/£9,990/€9,990, the remaining amount will
be placed back to the player's account, allowing the player to withdraw
additional funds the following month in accordance with this term. The
foregoing applies also to Withdrawals of progressive jackpots. Withdrawals
depend on all conditions specified above and the verification of all required
documents as set forth in clause 9.4 below.
8.4.6 If an account has been inactive (no player activity) for 30 months or more, ClubHollywood will remit the balance to the player's account from where the funds were deposited. If that account is no longer accessible and the player cannot be located, then ClubHollywood will remit the funds to the Lotteries & gaming Authority.
8.5 Closing a Player Account:
You may close your Player Account at any time by
contacting the Online Casino's customer service, provided that your Player
Account is not expected to become in debit/deficit pursuant to any liabilities
incurred through your gaming activities on the Online Casino. On closing your
Player Account, we will return the balance to you in accordance with the rest
of the provisions of this section 8.
9. OUR RIGHTS
9.1 We reserve, at our sole discretion, the right to:
9.1.1 refuse to register any
applicant for registration on the Website or the Online Casino;
9.1.2 refuse to accept any
Stake on the Online Casino; and
9.1.3 change, suspend,
remove, modify or add any game or tournament on the Online Casino.
9.2 We will be entitled to make inquiries related to
you, including credit checks, with third party credit and financial institutions,
in accordance with the information you have provided to us.
9.3 In the event of any dispute regarding a Stake or
Winnings, our decision will be final and binding.
9.4 We will be entitled to withhold any pay-out or
Winning amount until the identity of the winning person is verified to our
satisfaction, in order to ensure that payment of any Winnings is being made to
the correct person. For this purpose, we will further be entitled, at our sole
discretion, to require that you provide us with a notarized ID or any
equivalent certified ID according to the applicable law of your jurisdiction or
otherwise.
9.5 We may at any time disclose certain personal
information of yours to third parties in accordance with our Privacy Policy and
with clause 3.7 above.
9.6 In the event that we suspect fraud or fraudulent
activity on your part or if any of your payments are charged back, and in the
event of suspected card counting in any of the live games, we will have the
right to withhold any amount from your account which is in excess of your
original deposit, and if deemed necessary by us, to initiate any legal
proceedings to collect any payments owed by you.
9.7 Notwithstanding anything stated or implied to the
contrary in this Agreement, we may at any time, without prior notice to you and
without derogating from our other rights under this Agreement, TERMINATE YOUR
USE OF THE ONLINE CASINO AND BLOCK YOUR PLAYER ACCOUNT if we suspect or believe
that you are in breach of any of the terms and conditions of this Agreement; or
that you may be engaging in or have engaged in Fraudulent, unlawful, or
improper activity, including without limitation any violation of any applicable
terms and conditions, money laundering or collusion with another Player Account
holder; or if you are not accessing your Player Account for 1 year or more; or
that you are otherwise acting unlawfully. Notwithstanding anything stated or
implied to the contrary in this Agreement, WE WILL NOT BE UNDER ANY OBLIGATION
IN ANY SUCH CIRCUMSTANCES TO REFUND OR OTHERWISE REIMBURSE YOU FOR ANY OF THE
FUNDS IN YOUR PLAYER ACCOUNT.
9.8 We will have the right to withhold or otherwise
decline or reverse any pay-out or Winning amount or amend any policy in the
event that we suspect you are abusing or attempting to abuse any of the
following: (i) bonuses; (ii) other promotions; or
(iii) specific policy or rules determined in respect of an existing game or a
new game. It is clarified that we may determine that such an abuse has taken
place also if your activity in our Online Casino, by itself, is not abusive,
but your activities in other online casinos in addition to our Online Casino,
taken as a whole, constitute such abuse of our bonuses, promotions, policies or
rules.
9.9 We may, at any time, set off any positive balances
on your Player Account against any amount owed by you to us.
9.10 We may transfer, assign, sublicense or pledge
this Agreement, in whole or in part, to any person or entity without notice,
and you will be deemed to have given your consent to any such assignment.
10. LIMITATION OF LIABILITY
10.1 You hereby acknowledge that we have no control
or responsibility over the use that you make of the Software. Loading and using
the Software and accessing and using the Online Casino by you is made at your own risk. NEITHER WE NOR THE SOFTWARE
PROVIDER, NOR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, SHALL HAVE
ANY LIABILITY WHATSOEVER OF ANY KIND IN CONNECTION WITH SUCH USE.
10.2 IN NO EVENT SHALL WE OR THE SOFTWARE PROVIDER,
OR ANY OF OUR OR THEIR AFFILIATES AND RELATED PARTIES, BE LIABLE TO YOU FOR ANY
DIRECT, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGE OR LOSS OF ANY
KIND, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS, PROFITS, REVENUE,
CONTRACTS OR ANTICIPATED SAVINGS, OR LOSS OR DAMAGE ARISING FROM LOSS, DAMAGE
OR CORRUPTION OF ANY DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH LOSS OR
DAMAGE HAS BEEN NOTIFIED TO US AHEAD OF TIME.
10.3 Without derogating from the generality of
clauses 10.1 and 10.2 above and from any other liability limitation provision
in this Agreement, neither we nor the Software Provider, nor any of our or
their affiliates and related parties, will be liable for any loss, costs or
damages (howsoever arising) deemed or alleged to have resulted from or caused
by any of the following:
10.3.1 any error made due to
the input of incorrect information by you;
10.3.2 any Fraud, deception
or misrepresentations by you;
10.3.3 our decision not to
accept a Deposit from you;
10.3.4 any delay in receiving
or accepting a Deposit by us or withholding a Withdrawal by us for the purpose
of conducting identity verification procedures;
10.3.5 use of your Player
Account for purposes that may be considered illegal under applicable laws;
10.3.6 any transactions on
your Player Account which are conducted after the correct entry of your
Username and Password;
10.3.7 any unauthorized
interception or use of data relating to you or your Player Account;
10.3.8 any inability to use
or access the Website for any reason;
10.3.9 any actions or transactions
by an individual that uses your Username and Password;
10.3.10 any cause over which we do not have direct
control, including problems attributable to computer hardware or software
(including computer viruses and including the Software), data transmission
systems, telephone or other communications, or internet service providers;
10.3.11 the loss of any transactions caused by the
loss or malfunction of any communications device used by yourself or any entity
relaying information between you, us, or any other payment solution company;
10.3.12 any undelivered e-mail communications;
10.3.13 the quality or availability (or lack thereof)
of the Website or the Online Casino; or
10.3.14 any results of any acts of government or
authority or any force majeure event.
11. CHANGES TO THIS AGREEMENT OR THE PRIVACY POLICY
11.1 We may, at our sole discretion, make changes to
this Agreement, the rules of the games on the Online Casino or the Privacy
Policy at any time.
11.2 Any changes will take effect from the date
specified on the Website's terms and conditions (End-User Agreement). It is
important, therefore, that you log in to the Website's terms and conditions
from time to time and check to see whether there is any updated version. You
are solely responsible for learning of any such updated versions and changes.
11.3 If you continue to use the Website or the Online
Casino after we have updated the 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 Website or the Online Casino any further.
12. TERM
This Agreement is effective from the moment of
acceptance by you by clicking on the "I Agree" button, and shall
remain in force for an unlimited time, unless terminated in accordance with
clause 9.7. For the avoidance of doubt, it is agreed that you are bound by this
Agreement if you use the Online Casino or the Website or the Software in any
way, including, but not limited to, initiating or making a deposit through your
Player Account or submitting your deposit details to us.
13. GOVERNING LAW
13.1 The construction, validity and performance of
this Agreement will be governed by Maltese law. The competent court in Malta will have
exclusive jurisdiction in any matter arising from or related to this Agreement.
However, this shall not prevent us from bringing any action in the court of any
other jurisdiction for injunctive or similar relief. The English language
version of this Agreement will prevail over any other language version issued
by us.
13.2 The illegality, invalidity or enforceability of
any provision of this Agreement will not affect the legality, validity or
enforceability of the remaining provisions of this Agreement.
14. NOTICES
14.1 You agree to receive communications from us in
an electronic form. Electronic communications may be posted on the pages within
the Website and/or the messages/help files of your client application, and/or
delivered to your e-mail address, as shall be decided by us from time to time.
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 actually received
or retrieved the communication. We reserve the right, but assume no obligation,
to provide communications in paper format.
14.2 Any notices required to be given in writing to
us or any questions concerning this Agreement should be addressed to: support@clubhollywood.com.
15. COMMENTS, QUESTIONS AND COMPLAINTS
If you have any comments, questions or complaints or
any other reason to contact us, you may do so by Contacting Us, or email us at support@clubhollywood.com.
You should expect a response within 48 hours. If you feel that a complaint has not been resolved, you may contact the Lotteries & Gaming Authority at complaints@lga.org.mt.
16. LIMITATIONS ON USE
16.1 Please be advised that ClubHollywood has blocked all U.S. players from playing in Real Money games as of 11:59 PM EST on Sunday, November 5th, 2006. This action was a result of The Unlawful Internet Gambling Enforcement Act being signed into law on October 13th, 2006.
16.2 Please be advised that ClubHollywood has blocked all French players from playing in Real Money games as of 11:59 PM EST on Monday, June 21st, 2010. This action was a result of French Gambling Bill being signed into law in May 2010.
16.3 As of this date, French players with fun balances in a ClubHollywood account will continue to have the ability to play in 'Play Money' games at ClubHollywood.
16.4 French players have until 11:59 PM EST on Tuesday, July 20th, 2010 to withdraw their funds. After such time, all access to funds within French accounts will be closed.
V1.1 01/08/2010
