Terms and Conditions
IMPORTANT, READ CAREFULLY:
These terms and conditions ("Terms and Conditions") are a legal and binding agreement between you, an individual user or a user who also acts as a provider of Third Party Services ("You" or "Yourself"), and FPO GAMBLING LTD, Reg. No: C 68913, ZBG-4351, ZEBBUG, MALTA ("FPO GAMBLING LTD"), for the service You are about to use.
BY USING ANY PART OF THE SERVICE OR ASSOCIATED CONTENT, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND AGREE TO BE BOUND BY THEM AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH) ALL OF THE TERMS AND CONDITIONS INCLUDED IN AGREEMENT, DO NOT USE ANY PART OF THE SERVICE.
In the service about Yourself, all information provided by you must be true and accurate at all times. You understand and acknowledge that there can be legal restrictions on gambling and that the advertising can be illegal for some target groups and in some countries.
You certify that You are older than 18 years of age, and that You have the legal capacity to enter into agreements and the capacity to make decisions regarding the use of games and gambling sites that may contain forms of advertisement. In addition, you confirm that your location information is current at all times and you do not employ any such methods that would alter the location or direct the traffic to some other jurisdiction.
These terms of use and other legal documents of the platform may be changed at any time. The terms of use that apply in this case are the latest one that is available on the BestCasinoWin Platform. At FPO GAMBLING LTD, whenever the Terms and Conditions of use are going to be modified in a way that is against the interest of the current user and may be considered to be disadvantageous to them, notification shall be made to the users before making the changes effective. If you do not agree to the new terms of use, you must discontinue using the BestCasinoWin Platform.
In no case should the Service be employed where it is prohibited or illegal to market and advertise gambling, or by anyone who is not permitted to receive such material.
- Definitions (For the purpose of the Terms and Conditions)
"BestCasinoWin Platform" shall include the website, computer programs, electronic files and other content, including without limitation, text, video or audio files, documentation and graphic images supplied to You by FPO GAMBLING LTD or its licensors or agents on the BestCasinoWin websites, and any updates, support and maintenance services that NFPO GAMBLING LTD may provide to You.
"User Created Content" shall include all the material, files and content, including without limitation the electronic files, text, video and audio files, graphic images and documents produced by You or other users of the BestCasinoWin Platform. The personal information of a Registered User shall not be considered User Created Content if You have not actually posted and disclosed it to the public.
"BestCasinoWin Etiquette" will define the rules on how to use BestCasinoWin Platform properly and politely. Etiquette shall mean behaviour which takes into consideration other users. It is prohibited to use BestCasinoWin Etiquette, among other things, for unlawful, offensive, threatening, insulting or disrespectful language and any actions that may disrupt other users as well as using the BestCasinoWin Platform for creating spam or advertising products and services that are not relevant.
"Registered User" means an individual user, who has signed up for a personal user account on the Service in order to be able to use the parts of the Service that are available only for Registered Users.
"Non-registered User" shall mean a natural person, a visitor of the website, who has not registered on the platform of the Service and can only use those parts of the Service that do not require registration or logging in.
"Service" shall mean the availability of the BestCasinoWin Platform and its contents and communications including User Created Content.
"Third Party Service"shall mean a service which is not the Service and is provided by third party service providers. It is possible that a Third Party Service may include gambling services, casinos and games of chance and such services may be advertised on the BestCasinoWin Platform.
"BestCasinoWin Privacy Policy" is attached as ANNEX 1 of the Terms and Conditions.
- Availability of the BestCasinoWin Platform
- FPO GAMBLING LTD is the owner of the BestCasinoWin Platform which is used for the purpose of reading and posting User Created Content on the platform such as casino, game of chance and gambling reviews, recommendations, player feedback and comments and for receiving third party communication on game information and other information on gambling possibilities.
- In response to accepting the Terms and Conditions, FPO GAMBLING LTD provides You with a non-transferable, revocable, worldwide, non-exclusive, restricted license for the duration of the Terms and Conditions to use the BestCasinoWin Platform and to access the Service, in so far as Your use complies with these Terms and Conditions, and good and respectful practices and the BestCasinoWin Etiquette.
- As a Registered User, You will be able to create, save and delete Your own User Created Content and change and customize the look and feel of the BestCasinoWin Platform user interface as permitted by current BestCasinoWin Platform settings.
- The Registered Users will be able to receive some features of the BestCasinoWin Platform which can be personalized to some extent. The only privileges of Registered Users is to sort out the presentation (reviews, top lists) and to communicate with other Registered Users. In addition, Registered Users may request notification of topics and recent communications of other Registered Users that they follow.
- In order to register on the Service and to create personal user account on a best way BestCasinoWin Platform for You, You have to provide some information about Yourself. The information shall be collected and used in accordance with the BestCasinoWin Privacy Policy.
- As per the BestCasinoWin Platform, you are legally bound to have read and understood the policy regarding the collection, storage, and transfer of information about your use of the BestCasinoWin Platform as outlined in the BestCasinoWin Privacy Policy. FPO GAMBLING LTD is permitted to collect and provide third parties with certain information about Your navigation on the BestCasinoWin Platform.
- The Service is provided by FPO GAMBLING LTD without any warranty and the content of the Service may be changed without notice. The Terms and Conditions of use shall not limit the rights of FPO GAMBLING LTD to design and develop further the BestCasinoWin Platform and the Service. BestCasinoWin has the right to carry out market research on the usage of navigation data and default personalization settings in a way that does not involve identification of particular individuals.
- You promise to secure, update and manage the software, hardware and licenses that are needed for the function of the devices, network connections and storage media that are used in the Service. The acquisition, features and management of the above mentioned necessities are Your responsibility. You are responsible for the compatibility of your systems with the BestCasinoWin Platform and FPO GAMBLING LTD does not guarantee or warrant the availability or proper functioning of the BestCasinoWin Platform.
- To rule out any ambiguity, You hereby confirm that Platform, User Created Content of other users, products, games or any other content of Third Party Service providers and the BestCasinoWin Platform are not assigned or transferred to You on a sell or perpetual basis by the Terms and Conditions.
- In these Terms and Conditions, nothing shall be interpreted as: (a) permitting You to download or save permanent copies of the information, software and other licensed materials or access or use the BestCasinoWin Platform, User Created Content of other users or content of Third Party Service Providers in order to communicate, transmit, publish, make available or copy (in electronic or hard copy format) the Service, in whole or in part, for your personal use or for any other purpose.
- You agree not to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code, sequence and organisation of the BestCasinoWin Platform or any portion of it.
- You further agree not to or to use or modify the Service for any unlawful purpose and, that You will use the Service in the country of Your actual whereabouts and not direct the communications traffic to other jurisdictions.
- Among other things you promise not to remove or obscure any part of the content on the BestCasinoWin Platform, content of Third Party Service providers or User Created Content, e.g. trademarks, logos, advertisement, proprietary notices, tracking information or any other communications and announcements.
- Your User Created Content
- In using the Service or any part of it, You agree and accept that any visitor of the BestCasinoWin Platform, Registered Users, consumers of Third Party Services and FPO GAMBLING LTD are granted access and a non-exclusive royalty-free, worldwide, irrevocable, perpetual, sub-licensable right to use, transfer, adapt, modify and commercially exploit in the most general way Your User Created Content.
- You have fully granted FPO GAMBLING LTD, any visitor and all the users an authorization to use any and all rights, titles and interests in and to any and all intellectual proprietary information and potential intellectual property that You may have in Your User Created Content, by providing an unrestricted, worldwide, perpetual, irrevocable licence to reproduce, rearrange or cite in whole or in part Your User Created Content and to further transfer such rights to Your User Created Content. Furthermore, You grant to BestCasinoWin a licence in the User Created Content to use, adapt, modify, reword or redesign, and commercially exploit the User Created Content.
- FPO GAMBLING LTD has the right but no obligation to publish any part of Your User Generated Content on the BestCasinoWin Platform, its online marketing channels and on social media.
- The Platform is supposed to be used only for gambling related communication and content and it shall not be used as a marketing platform by Registered Users or Non-Registered Users.
- In no event shall you download, enter or write any such content that is in violation of FPO GAMBLING LTD intellectual property rights, trade secrets, or any other proprietary rights. You will ensure that Your User Created Content does not infringe the intellectual property rights of third parties or FPO GAMBLING LTD, you expressly represent.
- In using the Service, you agree to comply with the BestCasinoWin Etiquette policy. You undertake not to post, share or communicate any content that is unlawful, threatening or offensive, spam or advertises third party services. You shall use the Site in a manner that is at all times respectful and appropriate and You agree and accept that You will always be responsible for your User Created Content.
- As stated in sections 3.1 and 3.2 above you have granted FPO GAMBLING LTD the license to use the Service in addition to the other rights granted in this Agreement. FPO GAMBLING LTD is permitted to make alterations, deviations, modifications and rearrangements of the Service and to change anything that is on the BestCasinoWin Platform including User Created Content and its components. FPO GAMBLING LTD is entitled to delete any part of or all Your User Created Content without any notice.
- FPO GAMBLING LTD shall have the unrestricted right to use and transfer its rights to the Service, including your User Created Content and any information that results from Your use of the Service.
- FPO GAMBLING LTD has the potential, but no responsibility to alter the format of the Service in accordance with Your browsing history. FPO GAMBLING LTD uses cookies and other navigation tools to track Your navigation of the site and visiting of sites and services of Third Party Service providers as described in the BestCasinoWin Privacy Policy.
- As per the Aints of the FPO GAMBLING LTD, it has the right and will sometimes exercise this right to manage the Service in such a way that your use of the BestCasinoWin Platform is notified to Third Party Service providers through the provision of a user link which is based on user navigation history and not on identifiable personal information, all this in conformity with the Privacy Policy.
- Third Party Service Provider's Content
- FPO GAMBLING LTD is a supplier of the BestCasinoWin Platform through which You can find information about games and services offered by other entities (Third Party Service providers). The BestCasinoWin Platform may include reviews, recommendations, and player feedback and comments for use by users interested in gambling, casinos and game of chance. FPO GAMBLING LTD shall not be liable for any advertisement, casino, game of chance, or any other content that is posted by other users or by Third Party Service providers.
- The use of games and casinos, playing and betting is subject to separate agreements with Third Party Service providers and any related rights, obligations and liabilities are out of scope of these Terms and Conditions. FPO GAMBLING LTD is not liable for the content of Third Party Service Providers which is available on the BestCasinoWin Platform or linked to from the BestCasinoWin Platform.
- FPO GAMBLING LTD has the right to change, rearrange and adapt the Service and the BestCasinoWin Platform and the visibility and availability of any content in the Service. FPO GAMBLING LTD shall have the right to completely or partially blacklist any Third Party Service at any time. FPO GAMBLING LTD shall have the right, but not the obligation, to interrupt advertising And remove any content or information related to a Third Party Service provider at any time.
- You agree and acknowledge that the BestCasinoWin Platform is for your use only and that the possible Third Party Service providers' communication that you may receive is non-transferable and only for you. You shall not use the BestCasinoWin Platform in a manner allowing the Service or any content included in or appearing on the Service to be transferred or made available to third parties who are not Registered Users or Non-Registered Users.
- If You are a user who also uses Third Party Services as an provider and if FPO GAMBLING LTD has given You a presentation and advertisement page, you agree that any information provided by You, your services, advertisement and campaigns shall be true, accurate, lawful, understandable and reasonable. Furthermore, you agree to deliver your services and any campaign or promotion related to them to consumers in simple and understandable language and terms of service.
- You shall not publish or have published any content or information about Your services or campaigns before You have obtained all the licenses and permits that may be necessary in any of Your target countries (i) in connection with providing Your services, (ii) for Your advertising and campaigns, or (iii) for presenting Your services to Your target group.
- Proprietary Rights
- FPO GAMBLING LTD and its licensors and agents shall own and retain all rights, titles and interest in and to the BestCasinoWin Platform, and to any updates, alterations and modifications thereto.
- However, the rights You grant to other users and visitors of BestCasinoWin and to FPO GAMBLING LTD shall not exceed the rights You own and control over the User Created Content that You upload, write or enter into the Service.
- The Third Party Service providers are owners of the services advertised on the BestCasinoWin platform and nothing in these Terms and Conditions is intended to affect the rights and obligations or proprietary rights related to Third Party Services.
- Term and Termination
- These Terms and Conditions are effective and binding when accepted and shall remain valid until terminated.
- FPO GAMBLING LTD may at its absolute discretion terminate the Service at any time without any prior notice. The Terms and Conditions herein shall be terminated automatically with immediate effect at the time of discontinuation of the Service.
- FPO GAMBLING LTD has the right to terminate these Terms and Conditions immediately upon providing notice to you or by deleting your user account.
- In case Your use of the Service or Your User Created Content has been found to be threatening, offensive or an infringement of the rights of FPO GAMBLING LTD, your user account may be deleted. FPO GAMBLING LTD has no obligation to provide any prior notices or warnings to You before deleting Your user account or Your User Created Content where such a breach or infringement is so severe that FPO GAMBLING LTD believes that it must take immediate action to protect its property or the property of others.
- You are also entitled to terminate these Terms and Conditions at any time with immediate effect by shutting down Your user account and not using the Service in any other way. You do not have the right to cancel the User Created Content and use it out of the BestCasinoWin Platform once You have terminated Your account on the platform. The licence granted by You to FPO GAMBLING LTD in the User Created Content under section 3 shall survive the termination.
- Upon termination of these Terms and Conditions for any reason, you shall immediately cease using the Service, and you shall delete any Service-related content that you may have on your hard drives, networks, devices, and other storage media.
- FPO GAMBLING LTD shall have no obligation to delete, store or return any User Created Content. Upon termination of Terms and Conditions for any reason as well as failure to comply with the Terms and Conditions, you agree and accept that you will lose Your data.
- 3.1 and 3.2 (Irrevocable Licence) sections, 7.5 and 7.6 (Indemnification) and 8 shall survive the termination of Terms and Conditions, and any other provisions that by their n ature survive termination (e.g. Limitation of Liability).
- Representations and Warranties
- FROM YOU, THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". THERE IS NO REPRESENTATION OR WARRANTY OF ANY KIND BY FPO GAMBLING LTD, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT THE SERVICE WILL BE NON-OFFENSIVE OR NOT INFRINGING AND THAT THE SERVICE WILL BE ERROR FREE OR UNINTERRUPTED.
- FPO GAMBLING LTD provides no warranty for continuous or uninterrupted access to the BestCasinoWin Platform and you accept that the operation of the BestCasinoWin Platform may be disrupted by factors outside the control of FPO GAMBLING LTD.
- In no circumstance shall either party or its affiliates, agents, or licensors be liable to the other for any losses or damages arising from or in connection with the use of the website and its contents. You certify that Your access and usage of the service and all its components are in conformity with all applicable laws, regulations, and government decisions and orders, as well as generally accepted ethical practices and rules of etiquette for BestCasinoWin.
- Besides, you further guarantee and assure that any information provided by you in the course of using the Service is accurate and that the use of the Service shall be without offense and threat and shall always be lawful, reasonable, and in accordance with the Terms and Conditions of use and other third party proprietary rights. You are required to inform us of any changes in Your Personal information that you provide to us and to update Your user account with new information and to inform us of the correct place from which you are using the Service.
- You shall have the full ownership of Your User Created Content. You shall not seek to hold FPO GAMBLING LTD liable for any liability, claims, damages, legal expenses, and other losses that FPO GAMBLING LTD may incur as a result of publishing prohibited, infringing, or illegal content on the BestCasinoWin Platform during your use of the Platform.
- If You are a user who is also a provider of Third Party Services, You shall take full responsibility for Your services and for the contents of Your presentation and advertisement page. You shall hold FPO GAMBLING LTD indemnified and harmless against any liability, claims, damages, legal expenses and other losses that FPO GAMBLING LTD may incur as a result of publishing or providing prohibited, infringing or illegal information or content that has been published, provided or accepted by You.
- None. FPO GAMBLING LTD performs no preliminary examination or pre screening of any content provided on the BestCasinoWin Platform. The exclusivity of this liability is maintained for Third Party Service provider's content, communications, and services.
- As you have read and understood, you agree and acknowledge that you cannot hold FPO GAMBLING LTD liable for the content of third party users or Third Party Service providers. The Third Party Service providers are provided by their own terms and conditions and laws. FPO GAMBLING LTD does not guarantee that their services are non-infringing or even legal for You to use. It is recommended that for more information on the legal status of the Third Party Service providers, you should refer to the Third Party Service providers themselves.
- Limitation of Liability
- IN NO CASE AND FOR NO REASON (INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, OR STRICT LIABILITY) SHALL FPO GAMBLING LTD BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, OR INCIDENTAL DAMAGE, COST, OR EXPENSE, LOSS OF PROFIT, BUSINESS, OR GOODWILL, INCLUDING WITHOUT LIMITATION DAMAGES, EXPENSES, AND COSTS CAUSED BY THE LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION OR OTHER DAMAGES ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICE OR FROM USER-CREATED CONTENT OR SERVICES OF THIRD-PARTY SERVICE PROVIDERS OR FROM ANY MATTER BEYOND THE REASONABLE CONTROL OF FPO GAMBLING LTD.
- YOU ARE LEGALLY RESPONSIBLE FOR ALL THE DIRECT AND INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL DAMAGES, INJURIES, DEATH, ANY KIND OF DAMAGE TO PROPERTY AND SPECIAL DAMAGES RESULTING FROM OR CAUSED BY YOUR USE OF THE SERVICE OR BY YOUR NEGLIGENCE OR WILFUL MISCONDUCT AS WELL AS ANY LOSSES OR DAMAGES CAUSED TO YOU OR OTHERS FROM THE USER-CREATED CONTENT.
- EXCLUDED SHALL BE FPO GAMBLING LTD AND ITS LICENSORS' ENTIRE LIABILITY FOR DAMAGES, COST OR EXPENSES OF ANY KIND, RELATED TO OR ARISING OUT OF THIS AGREEMENT, EXCEPT WHERE NOT PERMITTED BY APPLICABLE LAW AND IF SO, THE LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH LAW OR EUR 100, WHICHEVER IS THE LOWER OF THE TWO. THE FOREGOING LIMITATIONS SHALL APPLY THOUGH FPO GAMBLING LTD MAY HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
- Personal Information
- By using the Service and any parts thereof, You accept and agree to let Your personal information be collected and processed by FPO GAMBLING LTD in the whole world and in accordance with the BestCasinoWin Privacy Policy. FPO GAMBLING LTD is entitled to change and update the BestCasinoWin Privacy Policy without notice.
- The data processing takes place mainly in Malta and UK however You expressly agree and accept that the Service may be provided with the help of computing resources and servers that are located in other countries and outside of the EU.
- FPO GAMBLING LTD shall have the right to track Your use of the BestCasinoWin Platform, collect and provide information on Your visits to BestCasinoWin and forward the related data to Third Party Service providers. FPO GAMBLING LTD shall have the power but no obligation to improve the Service and communicate desirable developments to any Third Party Service provider and create statistics from the user data.
- Miscellaneous
- These Terms and Conditions include the entire agreement concerning the license between the parties and supersede all other agreements and representations between You and FPO GAMBLING LTD. Any user specific amendments to the Terms and Conditions must be made in writing and signed by both parties.
- However without the foregoing, FPO GAMBLING LTD is able to change the Service and the terms and conditions which apply to all users at any time. FPO GAMBLING LTD may at any time amend and update the Terms and Conditions on its own discretion. Any new terms that FPO GAMBLING LTD may incorporate must be posted on the BestCasinoWin Platform.
- These Terms and Conditions may be published in several languages for information purposes, to which the English version is not the legal basis of the relationship between You and FPO GAMBLING LTD. If there is any discrepancy between the English version of these Terms and Conditions and a non-English version, then the English version shall prevail.
- All notices relating to or concerning this agreement will be effective when sent to FPO GAMBLING LTD via email to support@bestcasinowin.co.uk. Notices are considered to have been received by You within 24 hours of their being posted on the BestCasinoWin Platform or sent to the email address associated with your personal account.
- In the event that any of the provisions of these Terms and Conditions is found to be unenforceable, the remainder of the provisions shall continue in full force and effect to the extent possible. FPO GAMBLING LTD failure to respond to any breach of the Terms and Conditions does not constitute a waiver of its rights and shall not be construed as a limitation of FPO GAMBLING LTD right to respond to the breach at a later time or to any subsequent breaches.
- The Terms and Conditions are a personal agreement between You and FPO GAMBLING LTD and You may not assign or transfer the Terms and Conditions or any part of them to any third party for any reason whatsoever without the prior written consent of FPO GAMBLING LTD. FPO GAMBLING LTD expressly reserves the right to assign these Terms and Conditions and to delegate any of its obligations hereunder to the extent such is conducted in connection with a transfer of the business or portion thereof.
- The headings in the Terms and Conditions are only for reference purpose and shall not be used to interpret this agreement.
- The present Terms and Conditions have been signed in Malta. All legal actions or proceedings under these Terms and Conditions shall be subject to the Maltese Courts unless otherwise agreed between the parties and another place of jurisdiction or an arbitrator. Any questions regarding these Terms and Conditions and any related notices should be addressed to site@bestcasinowin.co.uk.