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Vendor EULA
'End User Terms and Conditions of Use
IMPORTANT - READ CAREFULLY BEFORE ACCEPTING THIS AGREEMENT
These terms and conditions constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) AceClub Casino Online ("AceClub Casino") which is a trading name of Ed Servicio S.A (Panama) and each of its officers, directors, agents, employees, consultants, suppliers, vendors and affiliates (collectively, "Company").
1. Applicability of Terms and Conditions. By clicking on the "Accept" or "Continue" button, you represent and warrant that you fully understand and agree to comply with all of the following terms and conditions, and that failure to abide by these terms and conditions may result in disqualification, account closure, forfeiture of funds and/or legal action against you. If you have any questions as to these terms and conditions, we encourage you to seek independent counsel prior to clicking on the "Accept" or "Continue" button.
2. Registration and the Games. To play at AceClub Casino, you will need to first register for an account ("Account") by choosing a unique account name and password and entering other information such as your first and last name, address, email and telephone number. You agree to provide only true and current information and you further agree to update this information as necessary to keep it true and current. By registering at AceClub Casino, you will be able to access both play for free games ("Play For Free Games") and play for real games ("Play For Real Games"), collectively the AceClub Casino games ("Games").
3. Limited Use. The Games are for entertainment only, and your participation in the Games is solely for your own personal enjoyment and non-professional use. You agree to keep your Account information secret and confidential and to not allow anyone else to use it. No purchase is necessary or required to play the Games. You may play without betting money if you wish. Any participation in the Games is at your sole option, discretion and risk. By playing the Games, you acknowledge that you do not find the Games or AceClub Casino to be offensive, objectionable, unfair, or indecent. Any other entrance, access, or use of AceClub Casino is strictly prohibited.
4. Legality of Participation in Games. You may only participate in the Games if it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You understand and accept that Company is unable to provide you any legal advice or assurances and that it is your sole responsibility to ensure that at all times you comply with the laws that govern you and that you have complete legal right to play the Games. Participation in the Games is void for whomever and/or wherever prohibited by law. Moreover, Company requires that you be at least 18 years of age to play the Play For Real Games.
5. Play For Free. For those under the age of 18, or connecting from jurisdictions where Play for Real participation is prohibited, you may register at AceClub Casino, provided that you agree to only play the Play For Free Games with the play money funds that will be added to your Account by Company without cost to, or consideration from, you. Play money funds are kept separate from bona fide (real) money funds and are not transferable or exchangeable within an Account. Further, such play money funds have no value in and of themselves and are not transferable nor redeemable for any bona fide currency.
6. No Company Employees or Affiliates. If you are an officer, director, employee, consultant or agent of Company or one of its affiliated or subsidiary companies, or suppliers or vendors, you are not permitted to register with AceClub Casino or to participate directly or indirectly in any of the Games. Any person found to have violated this section will not be entitled to collect any winnings.
7. Copyrights and Trademarks. The terms AceClub, AceClub Casino and AceClub Casino Online are the trademarks, service marks and/or trade names of Company. Further, all material on AceClub Casino, including but not limited to images, pictures, graphics, photographs, animations, videos, music, audio, text, and the Games belongs to Company and is protected by copyright law. You obtain no right to use such terms, graphics, text, concepts or methodologies, by using AceClub Casino and the materials contained therein and/or herein.
8. Software. You may install and use the computer programs ("Software") available from AceClub Casino on a hard disk or other storage device and make backup copies of the Software, provided that such use and backup copying is only for your own personal use for participating in the Games in accordance with this Agreement, and further, that such installation and use is made through a computer of which you are the primary user. The Software is owned by Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of Company and its licensors. The Software is protected by copyright law and International Treaty provisions, and you obtain no rights to the Software except to use it in accordance with this Agreement. You are strictly prohibited from, and agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by Company solely for the purpose of enabling end users of the Software to fully utilize the Games. You may use the Software for online play only on Company's servers. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others, except for online play on Company's servers. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations.
9. Depositing Funds. To play the Play For Real Games, you will be required to deposit bona fide funds into your Account by any of the methods specified at AceClub Casino, which may change from time to time in Company's sole discretion. Generally, said funds will be promptly deposited into your Account upon actual receipt of funds by Company and/or its agents. Minimum and maximum limits apply to deposits depending upon your history with AceClub Casino, the method of deposit, and other factors as determined solely by Company. All funds will be paid, tracked and maintained in United States Dollars, except as otherwise stated, and shall not bear interest.
10. Bonuses. Complimentary or bonus amounts credited by Company into your Account for promotional purposes may only be used to play in the Games and you are not entitled to cash in or withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering. Further, Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified.
11. Cash In and Withdrawals. Your account balance ("Account Balance") is the amounts you deposit in your Account to Play For Real, plus or minus any accrued winnings or losses from playing the Games, less any cash ins previously withdrawn by you or amounts forfeited or reclaimed by Company. You may request to cash in and withdraw any or all of your Account Balance at any time and there is no requirement to play the Games in order for you to make such request. All amounts cashed in for withdrawal are subject to the transaction limits and processing fees as set forth at AceClub Casino and may change from time to time in Company's sole discretion. Further, Company may report and withhold any amount from winnings as required by law, and in any event, all federal, state and local taxes due in connection with any winnings awarded to you are your sole liability. In no event may Account Balances be transferred, substituted or redeemed for any other prize. Payment of funds cashed in for withdrawal shall be made by check, wire, credit card and/or any other manner which Company selects in its sole discretion. Payments will be made as promptly as possible, subject to any reasonable necessary security reviews.
12. Electronic Service Provider. As stated, in order to play the Play For Real Games, you will be required to send and receive financial transactions with Company. Company reserves the right to sub contract our obligations to process such deposits and related financial transactions to third party service providers ("Electronic Service Providers" or "ESPs"). You irrevocably authorize us to instruct such ESPs to handle account deposits and withdrawals from your Account and you irrevocably agree that Company may give such instructions on your behalf. The ESPs is accessed each time you use the cashier at AceClub Casino. The ESP which currently handles Company's financial transactions is ezEcash.com International Inc. ("ezEcash"). In the event of conflict between this Agreement and ezEcash's terms and conditions or that of any other ESP, then this Agreement shall prevail.
13. Security Checks and Review and Releases. To maintain a high level of security, Company reserves the right to conduct a security review at any time to validate your identity, verify your financial transactions and further document your consent to this Agreement. To facilitate these security checks, you agree to provide such identification or other information or documentation as Company, in its unfettered discretion, deems necessary. If you fail to comply with any security request, Company reserves the right to void your Account. You will be notified of such verification request by electronic mail and Account Balances will be forfeited if you do not sign and return any required affidavit of identity and eligibility, release of liability and/or publicity authorization.
14. Abandonment of Account Balance. The Company reserves the right to cancel your AceClub Casino account for any reason whatsoever at any time without notice to you. If you do not access your AceClub Casino account by "logging in" to your Account by using your account name and password for a period of one hundred and eighty (180) days, your Account will be closed and the entire Account Balance will be deemed abandoned and forfeited; provided however, such requirement for log-in and entry is not and does not constitute any requirement whatsoever for you to play any Game, deposit funds or participate in any activity at AceClub Casino other than logging in. For the avoidance of doubt, pursuant to this section, Company may also close your ezEcash account as well as any ESP account which you have.
15. Forfeiture, Account Closure and Confiscation. Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your AceClub Casino account (and ezEcash account as well as any other ESP or Company related account including other websites and casinos owned or operated by Company) in any of the following circumstances:
i. If you have more than one active account at AceClub Casino;
ii. If the name on your AceClub Casino account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at AceClub Casino;
iii. If you participate in a AceClub Casino promotion and cash-in before fulfilling the requirements of that particular promotion;
iv. If you provide incorrect or misleading registration information;
v. If you are not of legal age;
vi. If you connect from a jurisdiction where participation in the Games is prohibited by law;
vii. If you have allowed or permitted (intentionally or unintentionally) someone else to use your Account;
viii. If you have not played at the AceClub Casino on an individual basis for personal entertainment only (that is, you have played in a professional sense or in concert with other player(s) as part of a club, group, etc.);
ix. If you have "charged back" or denied any of the purchases or deposits that you made to your Account;
x. If you are found cheating or if it is determined by Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the system;
xi. If you fail to comply with any of the terms and conditions set forth in this Agreement; OR
xii. If Company should become aware that you have played at any other online casino under any of the circumstances set out at i) to xi) above.
15. Disclosure to Third Parties. You agree to keep your Account secret and confidential and to not allow anyone else to use it. If you intentionally or intentionally, directly or indirectly, disclose your account name and password to another person, and such disclosure results in a third party participating in the Games using your account name and password, such participation shall be valid, and you will not be refunded any resulting losses at AceClub Casino, regardless of whether or not the third party had your consent or not. The Company shall not be required to maintain account names or passwords if you misplace, forget, lose, or are otherwise unable to enter AceClub Casino because of anything other than Company's error.
16. Indemnity. You agree to hold Company, its employees, officers, directors, licensees, licensors, affiliates, and subsidiaries harmless and further agree to fully indemnify them from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of your entry, use, or reuse of AceClub Casino, participation in the Games, or acceptance of any cash payoff.
17. Suspension of Games. The Company reserves the right to suspend, modify, remove and/or add any Game in its sole discretion and without notice. In the event of such suspension, modification, removal or addition of any Game for any reason, Company will not be liable.
18. Abusive or Offensive Language. Abusive or offensive language will not be tolerated in the multi-player Games or with Company staff. Any violation of this policy will result in a suspension of playing privileges or such other action as may be required by Company to ensure compliance.
19. Confidentiality and Privacy Principals. The Company is committed to protecting your personal information and respecting your privacy in accordance with best business practices. By disclosing your personal information to Company, you consent to the collection, storage, transfer and processing of your personal information for the purpose of completing your Account related transactions and for Company's internal administration and analysis. Further, to provide you with better service, Company will collect information from you through various technologies, including the use of cookies, and may inform you of changes, new services and promotions that Company determines you may find interesting. Moreover, Company has the right to access and disclose your information as necessary to properly operate Company systems, protect Company and other end users, and to comply with any regulatory or governmental requests. Because of the complex and constantly changing nature of our technology and business, Company does not guarantee error-free performance regarding the privacy of your personally identifiable information and Company shall not be liable for any incidental, consequential or punitive damages relating to the use or release thereof. By accepting any prize and/or winnings from Company, you consent to the use of your name and/or likeness for advertising and promotional purposes without additional compensation except where prohibited by law.
20. Disclosure of Fraudulent Activities. If, in Company's sole determination, you are found to have cheated or attempted to defraud the Games, AceClub Casino or Company in any way including but not limited to game manipulation or payment fraud, or if you make untrue and/or malicious comments with regard to Company's operation, Company reserves the right to publicize your actions together with your identity and e-mail address, as well as to circulate this information to other casinos, banks, credit card companies, and appropriate agencies. Further, Company may close any accounts, and forfeit account balances, that you have at AceClub Casino or at any other Company website, casino and/or business.
21. NO WARRANTIES AND LIIMITED LIABILITY. YOUR ACCESS TO STARLUCK CASINO, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. STARLUCK, THE GAMES AND THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS CONTAINED IN STARLUCK, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS, NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE USE QUALITY AND PERFORMANCE OF STARLUCK, THE GAMES AND THE SOFTWARE LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF STARLUCK, THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS STARLUCK. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF STARLUCK, THE GAMES, OR THE SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT OR SOFTWARE. FURTHER, COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP NETWORK AND/OR SYSTEMS.
22. Settlement of Disputes. You fully accept and agree that the random number generator ("RNG") software will determine the outcome of the Games. Further, in the event of a discrepancy between the result showing on the Software and the casino server, the result showing on the casino server shall be the official and governing result of the Game. Moreover, you understand and agree that AceClub Casino and Company records shall be the final authority in determining the terms of your participation in the Games, the activity resulting therefrom and the circumstances in which they occurred.
23. Notices. If you have any dispute with regard to any outcome in the Games or other activity at AceClub Casino, you must submit your complaint to Company in writing within fourteen (14) days of incident by email to Support@AceClubCasino.com and, if unsatisfied with the response, then to Admin@EdServicio.com.
24. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of Panama without giving effect to conflicts of law principles. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
25. Miscellaneous. You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or amended from time to time. AceClub Casino reserves the right to modify and amend this Agreement at any time with or without notice. Such amendments will become effective immediately upon being posted at AceClub Casino. It is your sole responsibility to review this Agreement and amendments hereto each time you play. The terms and conditions contained herein represent the complete and final agreement between you and Company and supersede any and all prior agreements, representations or statements made by Company. '
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