1. By playing at any of the Desert Nights (the "Casino"), you represent and warrant that you fully understand and agree to comply with these Terms and Conditions.
2. Participation in the activities and games of the Casino (the "Game") is open only to residents of those jurisdictions where such participation is legal and not prohibited. Participation in the Game is void wherever prohibited by law.
3. The Casino is restricted to individuals of legal age as determined in the jurisdiction in which the individual resides. You may only participate in any gambling events if it is legal for you to do so according to the laws that apply in the jurisdiction from where you are connecting. You must understand and accept that Desert Nights Mobile Casino is unable to provide you any legal advice or assurances. You must be at least 18 years old to use this service.
4. Only one Real account per player is permitted. Multiple accounts will be closed. Players who register multiple accounts (including accounts with different personal details) will not be eligible to receive any winnings, and all withdrawals will be cancelled.
5. These interactive gambling services are not made available to persons who are physically present in one of the following states or countries: Moldova and Israel. If you are physically present in one of the mentioned, you are not permitted to use the interactive gambling services or view any advertisements relating to the interactive gambling services.
6. The Company makes no representations or warranties, implicit or explicit, as to your legal right to participate in the Game nor shall any of the Company's employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents or retailers have the authority to make any such representations or warranties.
7. Employees of the Company, its licensees, distributors, wholesalers, subsidiaries, advertising, promotion or other agencies, media partners, retailers and members of the immediate families of each are not eligible to participate in the Game.
8. The Game is for entertainment value only. No purchase is necessary or required to play the Game. You may play without betting money if you wish. Any participation in the Game is at your sole option, discretion and risk. By playing the Game, you acknowledge that you do not find the Game or the Casino to be offensive, objectionable, unfair, or indecent.
9. You are only permitted to enter the Casino for your own personal entertainment and non-professional use. Any other entrance, access, use or reuse of the Casino or the Web site is strictly prohibited.
10. The Company reserves the right to cancel your account for any reason whatsoever at any time without notice to you. Any balance in your account at the time of such cancellation may be credited to you, however, the Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Casino account in any circumstances including:
10.1 If there is evidence to suggest that you have more than one active account for the Casino;
10.2 If the name on your Casino account does not match the name on the credit card(s) used to make purchases on your Casino account;
10.3 If you participate in a Casino promotion and cash-in before fulfilling the requirements of that particular promotion;
10.4 If you provide incorrect or misleading registration, account or identification information;
10.5 If you are not of legal age;
10.6 If you reside in a jurisdiction where participation in the Game is prohibited by law;
10.7 If you have allowed or permitted (intentionally or unintentionally) someone else to play on your Casino account;
10.8 If you have not played at the 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.);
10.9 If you are found cheating or if it is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems) designed specifically to defeat the Casino;
10.10 If you have been designated as a bonus abuser, playing no or low-risk strategies in order to withdraw promotional money;
10.11 If the Company should become aware that you have played at any other on-line casino under any of the circumstances set out at 10.1 to 10.10 above
11. In the event the Company suspects fraud or fraudulent activity on your part or if any of your payments are charged back, the Company has the right to withhold any amount from your account which is in excess of your original deposit, and if deemed necessary by the Company, to initiate any legal proceedings to collect any payments owed by you. You agree to fully pay any and all payments and charges due to the Company 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 all winnings will be void and you will refund and compensate the Company for such unpaid deposits including any expenses incurred by the Company in the process of collecting your deposit(s).
12. By accepting any prize and/or winnings from the Company, you consent to the use of your name for advertising and promotional purposes without additional compensation except where prohibited by law.
13. If you have any dispute with regard to any outcome in the Game, you must submit your complaint to the Company in writing within fourteen (14) days. In the event of a discrepancy between the result showing on your Casino software and the Casino's server software, the result showing on the Casino's server software shall be the official and governing result of the Game.
14. You are solely responsible for any applicable taxes on any prizes and/or winnings that you collect from the Company.
15. The Company reserves the right, in its sole discretion and without notice to you, to add new activities or games to the Casino or to discontinue any activity or game of the Casino at any time.
16. If you do not log onto your Casino account for a period of 180 days, any balance in your account will be forfeited to the Company. All accounts that are inactive for a 6 month period will be deemed to be inactive and will be closed.
17. You are solely responsible for keeping your account number and password secure and secret. You shall not allow any other person or third party including, without limitation, any minor, to use or reuse your account, access and/or use any materials or information from the Web site, accept any Prize, or participate in the Games. You are solely responsible for any purchases and/or losses that may occur on your account.
18. The Company shall not be required to maintain user names or passwords if the Player misplaces, forgets, loses, or is otherwise unable to enter the Casino because of anything other than the Company's error.
19. The Company shall not be liable for computer or Internet malfunctions nor attempts by the Player to participate in the Game by methods, means or ways not intended by the Company.
20. If you are found to be cheating or attempting to defraud the Game, or if you make untrue and/or malicious comments with regard to the Company's operation, the 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.
21. You shall hold the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of: (i) your entry, use, or reuse of the Web site, (ii) your use of any materials at the Web site, (iii) your entry, use, or reuse of the Casino's server, (iv) your participation in the Game, or, (v) your acceptance of any prize.
22. Desert Nights is the trade name of the Company, and you obtain no rights to such terms, nor any other terms, graphics, text, concepts or methodologies, by using the Web site and the material contained therein.
23. Materials of the Game (whether electronically obtained or obtained by other means) are automatically void if counterfeited, mutilated, forged, altered or tampered with in any way, if illegible, mechanically or electronically reproduced, obtained outside authorized legitimate channels or if they contain printing, production, typographical, mechanical, electronic or any other errors. Liability for materials of the Game containing any error is limited to replacement of same.
24. Any and all materials submitted for prize claims become the property of the Company and will not be returned. The Company is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, or postage due mail, requests, prize claims or entries.
25. After purchase you will receive an e-mail notification. Desert Nights Mobile Casino recommend the cardholder to print out all transaction data, the rules of the game, the cancellation regulations, and the payment methods in order to avoid misconceptions and discussions at a later time and keep them at an easily accessible place.
26. All wagers must be placed through the user interface provided by Desert Nights on Desert Nights Mobile Casino's Web pages. Any Internet wagering through other means, including the use of a "robot" player, is strictly forbidden. In the event that use of non-approved client software is detected, Management reserves the right to invalidate all such wagers retroactively, cancel the player's account, or take any other appropriate action.
27. All withdrawals are free of processing charges, except in the case where a player does not wager his deposit at least once before requesting a withdrawal. In that case, the Company reserves the right to remove processing charges from the withdrawal amount.
28. If you are totally dissatisfied with the service you have received, Desert Nights Mobile Casino will consider your case and refund your purchase so long as your reason is valid. To apply for a refund e-mail Desert Nights Mobile Casino on firstname.lastname@example.org.
29. The Company reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time without prior notice to you. Such amendments will be implemented at the discretion of the Casino management and put into immediate effect. Such procedural changes will only be in response to the interests and security of the Casino or the players.
30. The Terms and Conditions contained herein represent the complete, final and exclusive agreement between you and the Company and supersede and merge all prior agreements, representations and understandings between you and the Company with regards to playing in the Casino.
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This End User License Agreement accompanies the computer software delivered to you by Deckmedia NV for use with the internet based gaming casino Desert Nights of the Company. The term "Software" shall mean the computer software with which this End User License is delivered, related explanatory materials, and also shall include any upgrades, modified versions or updates of the software made available or delivered to you by or on behalf of the Company. Please read this Agreement carefully. You will be asked to accept this Agreement and continue to install or, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to use the Software.
Upon your acceptance of this Agreement, the Company grants to you a nonexclusive license to use the Software for your personal use to access and utilize the Casino, subject to the following:
1. USE OF THE SOFTWARE. You may install the Software on a hard disk or other storage device and make backup copies of the Software, provided that you remove any previous versions or prior copies of Software from your hard disk or other storage device and destroy any backup copies thereof.
2. COPYRIGHT AND TRADEMARK RIGHTS. The Software is owned by the Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of the Company and its licensors. The Software is also protected by copyright law and International Treaty provisions. Use of the Software does not give you any rights of ownership or any intellectual property rights in the Software or the Company's trademarks and/or other proprietary information contained in the Software.
3. RESTRICTIONS. You agree not to modify, adapt, translate, reverse engineer, de compile, disassemble or otherwise attempt to discover the source code of the Software or the Company's servers or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by the Company solely for the purpose of enabling end users of the Software to fully utilize the Casino. You may use the Software for online play only on at the Casino. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others.
4. NO WARRANTY. The Software is being delivered to you AS IS and the Company makes no warranty as to its use or performance. THE COMPANY AND ITS LICENSORS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, THE COMPANY'S SERVERS, OR DOCUMENTATION. THE COMPANY AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE AND DISCLAIM THE SAME TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, SUFFERED BY YOU BY REASON OF your USE OF THE SOFTWARE OR ANY DEFECT IN THE SOFTWARE OR SERVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.
5. PRIVACY PRINCIPLES. There are times when the Company may need to collect information from you through Desert Nights Mobile Casino's Web site concerning your credit history and/or your hardware. The personally identifiable information gathered by the Company will provide the Company with information necessary to ensure that both the Company's and your interests are better served and protected. The Company is committed to protecting your personal information and respecting your privacy. Desert Nights Mobile Casino's goal is to give you as much control and information as possible regarding your personal information and the use the Company makes of it in the course of the Company's business. The Company will never sell, rent or disclose your personally identifiable information to parties other than the Company's licensors or service providers necessary or desirable for the operation of the Casino, without your consent unless compelled by law or court order to do so. Because of the complex and constantly changing nature of Desert Nights Mobile Casino's technology and business, the Company does not guarantee error-free performance regarding the privacy of your personally identifiable information and the Company shall not be liable for any incidental, consequential or punitive damages relating to the use or release thereof.
6. GOVERNING LAW AND GENERAL PROVISIONS. The software is licensed by Hastings International B.V. and this Agreement will be governed by the laws of Cyprus , excluding the application of its conflicts of law rules. 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. 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. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.
7. TERMINATION. The Company may terminate your license to use the Software at any time, with or without cause, forthwith without notice. Upon termination of this agreement for any reason, you will immediately delete the Software from the computer in which it is installed.
8. ENTIRE AGREEMENT This End-User License constitutes the entire agreement between Desert Nights Mobile Casino with respect to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.