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Terms of use
ODAIBA CASINO END-USER AGREEMENTPLEASE READ THE AGREEMENT CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND ITS CONTENTS. IF YOU HAVE ANY DOUBTS ABOUT YOUR RIGHTS AND OBLIGATIONS RESULTING FROM THE ACCEPTANCE OF THIS AGREEMENT, PLEASE CONSULT A LEGAL ATTORNEY IN YOUR JURISDICTION.
1.
DEFINITIONS
The following words and terms, when used with this agreement, shall have the following meanings, unless the context clearly indicates otherwise.
| Online Casino |
Gamematch,INC internet gaming system on the Website and related services and gaming activities as offered and listed at www.Odaiba777.com including but not limited to, online casino and/or online bingo and/or online casino and/or any other games, where applicable; |
| Player Account |
a personal account opened by an individual and maintained with us to enable that person to play games on our Online Casino or Poker Room; |
| Software |
the
software licensed to us including any program or data file or any other content derived therefrom, that required to be downloaded, accessed or otherwise utilized by you from the Website enabling you to participate in the Online Casino; |
| Username and Password |
the
username and password which you choose on registration with the Online Casino or Poker Room; |
| You |
the
user of the Online Casino Software downloaded from the Website. |
| Us/We/Ours |
Gamematch,INC, www.Odaiba777.com; |
| Website |
http://www.Odaiba777.com and any related sites accessible via links or any other access way; |
2. SUBJECT MATTER OF AGREEMENT
This agreement covers the arrangements between you and us in relation to your use of the Online Casino either for playing play-for-real or play-for-fun games.
3. LEGAL REQUIREMENTS
| 3.1 |
You can only use the Online Casino and/or the Website if you are the legal age as determined by the law of the country where you live. |
| 3.2 |
You cannot use the Online Casino and/or the Website if you are under 18 years of age in any circumstances. |
| 3.3 |
Some legal jurisdictions have not addressed the legality of online gambling and others have specifically made online gambling illegal. We do not intend that anyone should 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 construe an offer or invitation by us to use the Online Casino in any country in which such use is illegal. Use of the Online Casino is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the Online Casino is legal in the country where you live. |
4. LICENCE TO USE SOFTWARE
We hereby grant to you a personal non-exclusive, non-transferrable right to use the
Software, for playing in the Online Casino, in accordance with the following provisions.
4.1 You are not permitted to:
| 4.1.1 |
install or load the Software onto a server of other networked device or take other steps to make the Software available via any form of “bulletin board”, online service or remote dial-in, or network to any other person; |
| 4.1.2 |
sub-license, assign, rent, lease, loan, transfer or copy (except as expressly provided elsewhere in this agreement), your licence to use the Software or make or distribute copies of the Software; |
| 4.1.3 |
translate, reverse engineer, decompile, disassemble, modify, create derivative works based on, or otherwise modify the Software; |
| 4.1.4 |
copy or translate any user documentation provided 'online' or in electronic format; |
| 4.1.5 |
reverse engineer, decompile, disassemble, modify,
adapt, translate, make any attempt to discover
the source code of the Software or to create derivative
works based on the whole or on any part of the
Software; or |
| 4.1.6 |
enter, access or attempt to enter or access or
otherwise bypass the Our 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. |
| 4.2 |
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. Your use of the Software
does not give you ownership of any intellectual property
rights in the Software. This agreement applies only
to the grant of the licence to use the Software. |
| 4.3 |
THE SOFTWARE IS PROVIDED AS IS WITHOUT ANY WARRANTIES,
CONDITIONS, UNDERTAKINGS OR REPRESENTATIONS, EXPRESS
OR IMPLIED, STATUTORY OR OTHERWISE. WE HEREBY EXCLUDES
ALL IMPLIED TERMS, CONDITIONS AND WARRANTIES (INCLUDING
ANY OF MERCHANTABILITY, SATISFACTORY QUALITY AND
FITNESS FOR ANY PARTICULAR PURPOSE). WE DO NOT WARRANT
THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. |
| 4.4 |
WE DO NOT WARRANT THAT THE SOFTWARE WILL BE NON-INFRINGING
OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR
FREE OR UNINTERRUPTED OR THAT ANY DEFECTS IN THE
SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE
OR THE SERVERS ARE VIRUS-FREE. IN THE EVENT OF COMMUNICATIONS
OR SYSTEM ERRORS OCCURING IN CONNECTION WITH THE
SETTELMENT OF ACCOUNTS OR OTHER FEATURES OR COMPONENTS
OF THE SOFTWARE NIETHER US NOR OUR SOFTWARE PROVIDER
WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY
COSTS, EXPENSES, LOSSES OR CLAIMS ARISING RESULTING
FROM SUCH ERRORS. WE FURTHER RESERVE THE RIGHT IN
THE EVENT OF SUCH ERRORS TO REMOVE ALL RELEVANT GAMES
FROM THE SOFTWARE AND THE WEBSITE AND TAKE ANY OTHER
ACTION TO CORRECT SUCH ERRORS. |
| 4.5 |
You hereby acknowledge that it is not in our control
how the Software is used by you. You load and use
the Software at your own risk and in no event shall
we be liable to you for any direct, consequential,
incidental or special damage or loss of any kind
(except personal injury or death resulting from our
negligence). |
| 4.6 |
The Software may include confidential information
which is secret and valuable to the Software Provider
and/or 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 are a corporation incorporated under the laws
of the Kahnawake Gaming Commission, Mohawk Territory
of Kahnawake, Canada, and are fully licensed and
regulated by the laws of that country for the purpose
of operating a virtual casino on the internet, under
the name www.Odaiba777.com |
| 5.2 |
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. |
| 5.3 |
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 own private purposes
only. |
| 5.4 |
You must keep your Username and Password confidential
and should not disclose them to anybody. You may
not use anyone else's password. You shall be responsible
for all transactions conducted in relation to your
Player Account using your Password. 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. |
| 5.5 |
You will not allow any third party to use your
Player Account to use the Online Casino and you will
not use any other person's Player Account or means
of payment to access the Online Casino or the Website
or the Software. |
| 5.6 |
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. |
| 5.7 |
We are using the best methods available today 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 have a suspicion 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. |
| 5.8 |
We will only use your personal information
in accordance with our Privacy Policy, which
is set out in full
at www.Odaiba777.com/privacy.php. We reserve
the right to amend the Privacy Policy at any
time. However, we reserve the right to ask
you to provide
us with additional details and any such additional
information will be kept confidential. We further
reserve the right under certain circumstances
to disclose certain details to relevant authorities
should it be required to do so by law, an arm
of
the state or a regulatory body. Subject to
the provisions of the privacy policy, this
right to disclose personal
information to bodies or authorities whose
purpose is to investigate money laundering,
fraud and other
criminal activity will be to the extent required
by law. |
6. YOUR RESPONSIBILITIES
| 6.1 |
We make no representation or warranty with respect
to the legality or otherwise of the accessing and
use of the Online Casino in your country of residence
and it is solely your responsibility to determine
whether such accessing and use of the Online Casino
by you is legal. We further warrant in that respect
that it does not intend to enable you to contravene
any applicable law. |
| 6.2 |
You shall not transfer in any way whatsoever
your rights under this agreement without our prior
written consent. |
| 6.3 |
You are fully responsible for all taxes, fees
and other costs incidental to and arising from
winnings resulting from use of the Online Casino. |
| 6.4 |
It is your responsibility to inform us of any
changes to your registration details. |
| 6.5 |
Payments |
| 6.5.1 |
You agree that we or a payment processing company
on our behalf will handle all financial account
transactions ("Payment Processor"). You
hereby agree that the Payment Processor reserves
the right to withhold any payments should the Payment
Processor have reason to believe or any suspicion
that you may be engaging in or have engaged in
fraudulent, collusion, unlawful, or improper activity. |
| 6.5.2 |
You agree to fully pay any and all payments due
to us or any third party in connection with your
use of the Online Casino. You further agree not
to make any charge-backs and/or renounce or cancel
or otherwise reverse any of your due payments and
in any such event you will refund and compensate
us for such unpaid payments including any expenses
incurred by us in the process of collecting your
payment. |
| 6.5.3 |
You are aware of and agree that the maximum
amount that a Player can cash-out is $5,000 USD
(or the equivalent amount in EURO or GBP currency)
per month. This provision will not apply on the
progressive Jackpot winnings, the maximum amount
that a Player can cash-out for progressive Jackpot
winnings is $20,000 USD (or the equivalent amount
in EURO or GBP currency) per month
|
| 6.6 |
You accept that 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 loss caused to you
by the internet or any telecommunication service
provider which you have engaged in order to access
to the Online Casino or to the Website. |
| 6.7 |
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. |
| 6.8 |
You will not commit any acts or display any conduct
that damages our reputation or our software provider
or any other related service providers. |
| 6.9 |
You acknowledge that if your Player Account is
opened you will fully indemnify us and hold us
harmless from and against all and any losses, costs,
expenses, claims, demands, liabilities and damages
however caused that may arise as a result of your
(a) entry, use, or reuse of the Website or the
Online Casino; (b) breach of any of the terms and
provisions of this agreement. You further agree
to fully indemnify, defend and hold us and our
officers, directors, employees, agents, contractors
and suppliers harmless, from and against all claims,
liabilities, damages, losses, costs and expenses,
including legal fees, arising out of any breach
of this Agreement by you, and any other liabilities
arising out of your use of the Online Casino or
the Software. |
| 6.10 |
We reserve the right to change this agreement
from time to time as set out in clause 9 below.
It is your responsibility to check from time to
time and see whether there is a notification of
change in accordance with clause 9 below |
7. YOUR WARRANTIES AND REPRESENTATIONS
You warrant and represent that:
| 7.1 |
you are not a resident of USA, Canada, Philippines, Israel, Cyprus and Estonia; |
| 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 that you will continue to update such
details should there be 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 fro criminal and/or un-authorised activities; |
| 7.8 |
you are not otherwise conducting criminal activities
and/or intending to utilise the Player Account
in connection with such activities. You are not
using or intending to use or intending to allow
any other person to use the Online Casino and the
Player Account for any prohibited or unlawful activity,
including but not limited to, fraud or money laundering,
under any applicable law in particular your jurisdiction
and the laws that apply to us; |
| 7.9 |
you are not colluding or attempting to collude
or intending 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. |
| 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 supplied 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 officer, director, employee,
consultant or agent or of one of our affiliated
or subsidiary companies, or suppliers or vendors,
and you are not any of their relatives as well
(for the purpose of this clause, the term relative
means spouse, partner, parent, child or sibling).
In
any event that you have breached this prohibition,
among others actions that will be taken against
you, you will not be entitled to any of your winnings. |
| 7.13 |
you have not previously held a Player Account
which was suspended or terminated either by us
or by any other online gaming operator, charged
back any monies via a Player Account or maintains
a current 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 or misleading. |
8. CHANGES TO THIS AGREEMENT OR THE PRIVACY POLICY
| 8.1 |
We may, at our sole discretion, make changes
to this agreement or the Games Rules or Privacy
Policy at any time. |
| 8.2 |
The changes will take effect from the date specified
when they occur. It is important, therefore, that
you log in to the Website from time to time and
check to see whether there is a notification of
change. You are solely responsible for reading
the changes. |
| 8.3 |
If you continue to use the Website or the Online
Casino after we have updated the changes (regardless
to the way we have notified of such 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. |
9. RESERVATION OF 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 wager on the Online Casino; |
| 9.1.3 |
change, suspend, remove, modify or add any game or tournament on the Online Casino. |
| 9.1.4 |
revise the maximum cash-out amount limits set
out in clause 6.5.3 above in accordance of the
Player’s VIP level (where as the highest VIP level
the Player will be entitled to an unlimited cash-out
amounts). |
| 9.2 |
We reserve the right to make inquires on you,
including credit checks, with third party credit
and financial institutions, in accordance with
the information you have provided us with. |
| 9.3 |
In the event of any dispute regarding a wager
or winnings, our decision will be final and binding. |
| 9.4 |
We reserve the right to reasonably 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 the winning
amount is being made to the correct person. For
this purpose, we further reserve the right, at
our sole discretion, to demand that you will provide
us with a notarized ID or any equivalent certified
ID according to the applicable law of your jurisdiction. |
| 9.5 |
We may at any time disclose certain personal
information of yours to third parties in accordance
with our Privacy Policy, which is set out in full
at www.Odaiba777.com/privacy.php. |
| 9.6 |
In the event that we will suspect fraud or fraudulent
activity on your part or any of your payments are
charged back, we will have the right to withhold
any pay-out or winning amounts due to you and if
necessary, to lawfully collect any payments owed
by you. If playing in any of the live games, in
any event of suspected card counting we further
reserve the right to withhold any withdrawal amount
from your account which will be in excess of your
original deposit. |
| 9.7 |
We may at any time without prior notice to you
terminate your use of the Online Casino and block
your Player Account if it considers that you are
in breach of any of the terms and provisions of
this Agreement or that you are otherwise acting
illegally. We will not be under any obligation
in such circumstances to refund or otherwise reimburse
you for any of the funds in your Player Account. |
| 9.8 |
We reserve the right, at our sole discretion,
to offer and advertise from time to time promotions,
bonuses or other special offers and each such offer
will be subject to specific terms and conditions
which will be valid for a limited period of time.
In connection with the specific terms of the above
promotions, bonus and special offers, we further
reserve the right to withhold any withdrawal amount
from your account which will be in excess of your
original deposit. In addition, we reserve 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 that 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. |
| 9.9 |
We reserve the right to transfer, assign, sublicense
or pledge this Agreement, in whole or in part,
to any person without notice and you will be deemed
to consent to such assignment. |
10. TERM
This agreement is effective from the moment of acceptance
by clicking on the 的 agree・button, and shall remain in
force indefinitely unless terminated in accordance with
clause 9.6. 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 Account or submitting your deposit details to us.
11. GOVERNING LAW
| 11.1 |
The construction, validity and performance of
this agreement will be governed by the laws of
the Kahnawake Gaming Commission, the Mohawk Territory
of Kahnawake, Canada. 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. |
| 11.2 |
The illegality, invalidity or enforceability
of any part of this agreement will not affect the
legality, validity or enforceability of the remainder. |
12. NOTICES
| 12.1 |
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. 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 received
or retrieved the Communication. We reserve the
right, but assume no obligation, to provide communications
in paper format. |
| 12.2 |
In the interest of fair gaming, when the total
amount of bonuses given per account exceeds 50%,
the comp point ratio applied to the account may
decrease. |
| 12.3 |
Any notices required to be given in writing to
us or any questions concerning this Agreement should
be addressed to
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