This License Agreement was last updated on 12th November 2012.
Cassava Enterprises (Gibraltar) Limited (the "Company" or "we") is the operator of the website located at LotosCasino.com (the "Website"). The Company operates the Website on behalf of Lotos, a company incorporated in the British Virgin Islands. The Company is licensed and regulated by the Government of Gibraltar under the relevant laws of the Gaming Ordinance of Gibraltar for the purposes of operating and offering Internet gambling services including, but not limited to, casino, poker, sports betting and bingo services.
In addition to offering its gambling services via the Internet (the "Internet Platform"), the Company may from time to time offer the Website via alternative platforms such as (i) interactive television, (ii) mobile gambling platforms and (iii) in-flight entertainment platforms (each, an "Alternative Platform").
When you use the Website either via the Internet Platform or an Alternative Platform, this End-User License Agreement (the "Agreement") shall apply to such use to such extent as is applicable to the circumstances.
In addition to the Agreement and the Privacy Policy that you should review, your use of the Company's gambling services is strictly subject to all additional rules which shall apply from time to time to the type of gambling services which you are using, including, but not limited to, the "Bonus Policy", the "Withdrawal Policy", the "Responsible Gaming Policy", the "Tournament Rules" and the "House Rules" (together the "Additional Rules").
1. Introduction
2. Acceptance of Terms and Conditions
3. Compliance with Laws
4. Permitted Participation
5. Information Technology/Intellectual Property
a. copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise;
b. sell, assign, sublicense, transfer, distribute or lease the Software;
c. make the Software available to any third party through a computer network or otherwise;
d. export the Software to any country (whether by physical or electronic means); or
e. use the Software in a manner prohibited by applicable laws or regulations.(together the "Prohibited Activities").
You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission of any Prohibited Activities. You shall notify the Company immediately upon becoming aware of the commission by any person of any of the Prohibited Activities and shall provide the Company with reasonable assistance with any investigations it may conduct in light of the information provided by you in this respect.
6. Your Representations and Undertakings
In consideration of the rights granted to you to use the Services and the Software, you represent, warrant, covenant and agree that:
7. Prohibited Uses of the Sites and Services
8. Your Account
9. Payment Transactions and Payment Fraud
10. Bonuses
11. Obligations of the Company
12. NO WARRANTY
13. Limitations of Liability
You acknowledge and agree that:
a. the Company, its Affiliates and its third party licensors will not be responsible for any loss, including loss of winnings, that may result; and
b. if any such errors result in an increase in winnings owed or paid to you, you shall not be entitled to the winnings falling within such increase. You shall immediately inform the Company of the error and shall repay any winnings credited to your account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from your account or set off such amount against any money owed to you by the Company.
Nothing in this Agreement will operate so as to exclude any liability of the Company for fraud, death or personal injury that is caused by the Company's negligence.
14. Breach of these terms and conditions
a. of any breach of this Agreement by you;
b. violation by you of any law or the rights of any third party;
c. use by you of the Services or Software or use by any other person accessing the Services or Software using your user identification, whether or not with your authorization; or
d. acceptance of any winnings.
15. Disputes
16. Duration and Termination
a. if for any reason we decide to discontinue to provide the Services in general or specifically to you;
b. if we believe that you have breached any of the terms of this Agreement;
c. if your use of the Services has been in any way improper or breaches the spirit of this Agreement;
d. if your account is associated in any way with any existing account that has been terminated. If your account is associated with, or related to, existing blocked accounts, we may terminate your account, irrespective of the nature of this relationship, and the registration details provided on said accounts; or
e. for any other reason we see fit. Save for as otherwise provided herein, on termination of this Agreement any balance in your account will be returned to you within a reasonable time of your request, subject always to our right to deduct any amounts owed by you to us.
a. discontinue the use of the Software and the Services;
b. pay all amounts due and owing to the Company; and
c. remove and permanently delete the Software from your computer equipment and destroy all related documentation in your possession, custody, power or control.
17. General
18. Gibraltar Gaming Regulations
The Company is regulated by the laws and interactive gaming regulations of Gibraltar. You acknowledge that the Company may be bound to disclose certain information about you and your account to the Gibraltarian authorities pursuant to such laws and regulations.
19. Chat Feature
As part of your use of the Service the Company may provide you with a chat facility via which you will be able to communicate with other users of the Service. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:
PLEASE NOTE: When using the chat facility any personally identifiable information that you submit, can be read, collected, or used by other users of the same chat facility and could be used by third parties to send you unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that you choose to submit via the chat facility
20. Customer Service Department and Special Promotions
21. Exchange Rates
22. Uninstall and Shortcut Additions
If you are using the download form of the Software and wish to have it uninstalled you will be able to do so via the Add/Remove Programs on your computer.
Please note that upon installation of the Software the following shortcuts shall be added to your computer's desktop:
If you choose to uninstall the Software certain registration keys will remain on your computer in order to maintain responsible gaming rules, monitor fraud attempts, and comply with Gibraltar Regulatory Authority (GRA).
23. Minimum Hardware Requirements
In order to enjoy the Services, end-users are required to either install a C++ application on their computers (for download version), or use the online version of the Services (no-download).
The minimum recommended specifications for the download version are:
The no-download client is supported on the following browsers:
24. Governing Law
This Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Gibraltar and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Gibraltar to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, this Agreement or otherwise arising in connection with this Agreement.
25. Language Discrepancies
This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.
26. Provisions Relating to Specific Games
Jackpot Winnings
You hereby agree that in the event of your winning a jackpot of USD 20,000 or more (or the equivalent in any other currency) in relation to the casino slots games, video slots, video poker or any other jackpot game or machine you will grant to the Company an irrevocable, exclusive and perpetual worldwide right and license, to use your name, photograph and likeness in any media, in connection with the marketing and promotion of the Company and the Website and you will fully cooperate with the Company's representatives in such regard.
Jackpot prizes may be awarded to the winners in up to 24 monthly installments if so decided by the Company at its sole discretion.
Live Casino
You hereby acknowledge that in order to play on our Live Casino a player must meet the following minimum hardware, software and connection requirements:
Hardware: 2.5 GHz Intel Pentium III or 100% compatible
1 GB RAM
Keyboard, mouse
Software: Microsoft Windows 2000/ XP or Vista
SVGA graphics card capable of 800 x 600 resolution or higher
Internet Explorer 6.0, Mozilla 2, Chrome 1/0/0154, Safari 3.0 or later
Adobe Flash Player 9
Connection: 256 kbps
You hereby agree that in the event that the Live Casino is disconnected due to unsuitable hardware, software and/or connection configurations on the player's part, we shall be under no obligation to refund such player and the Company will not be responsible for any loss, including loss of winnings, which may result.
Live Poker
In order to play at the live poker video tables, you will need to have a video camera attached to your computer.
Players who sit out in a live poker game will be removed from the video table in order to free up the seat for other players on the waiting list (if such waiting list is not empty).
We reserve the right to limit the number of players "viewing" the live poker video tables and change such number from time to time at our sole discretion.
Your use of the live poker video tables is subject to the following rules:
In the event of your breaching any of the above provisions relating to misconduct at the live poker video tables, the Company shall have the right to remove you from the poker room or take any other action deemed necessary, including either temporary suspension or permanent termination of your account.
In addition, the Company has the right to deny prizes in promotions related to poker video tables to any entrants that it deems have breached any of the rules including deliberately covering or obstructing the camera.
Nevertheless, the Company shall not be responsible for any images posted on the webcams or for comments by our members thereon, and we will not be held liable for any perceived insult or injury. The Company is not required to monitor such images and comments, or to inform you of any actions taken against a member once a complaint has been made.
Your participation in the live poker video table will be deemed to be your agreement for the Company to use your name, audio, likeness, image and country for promotional and marketing purposes as it sees fit without the requirement for any payment and you hereby grant the Company the right to do so.
You acknowledge and agree that the Company may film and photograph the poker tables as well as stream live videos from same on the Sites.
You further understand and agree that by entering the live poker table any other players at the table will also be able to use and publish your image and audio without the Company's control and you shall have no claims against the Company in such regard.
Poker
You hereby acknowledge that all bets placed by you in relation to multi-player poker games are bets placed with other users and not bets placed with or against the Company. The Company does not assume any risk whatsoever for bets placed between you and any other user of the Service. The Company does not under any circumstances either place or accept bets itself.
You understand and agree that all of our multi-player poker games are public and therefore may be reviewed and published by other players, either at the time of the game or thereafter.
We provide multi-player poker games so as to provide a platform for users to play poker and to bet with each other using the Software. In consideration of this service we charge either:
a. a commission (known as a rake) which is calculated in accordance with the House Rules; or
b. a percentage of the "buy-in" fee for tournaments.
Collusion: Collusion occurs when two or more players at a poker table attempt to gain an unfair advantage by sharing knowledge of their cards or other information. Any player who colludes or attempts to collude with any other player while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company, their account may be terminated immediately and the Company shall be entitled to retain all monies in such player's account. We have developed and employ sophisticated proprietary technology intended to seek out and identify players acting in collusion. If the Company is informed about suspected collusive behavior, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts and withhold all available funds from within the accounts. No player shall have the right to require the Company to take any other steps against players suspected of collusion, cheating or any other form of fraud.
Chip-Dumping: Chip-dumping occurs when any player deliberately loses a hand in order to deliberately transfer his chips to another player. Any player who is involved in an act of chip-dumping or attempted chip-dumping while using the Service may be permanently banned from using the Service or the Software or any other related services of the Company and such player's account may be terminated immediately. If the Company is informed about suspected Chip-Dumping, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts and all monies in such player's account. In such circumstances the Company will be under no obligation to refund to the relevant player any funds that may be in the account at such time.
If we have reason to suspect that an account or group of accounts are operating systematically – for example employing specific techniques or playing as a group, the Company shall have the right to block or terminate all accounts and in such circumstances, the Company shall be under no obligation to refund to you any funds that may be in your account, other than your original deposit amounts, if said amount remains.
Artificial Intelligence - Robots: You are not allowed to use any software program which, in our opinion, is endowed with artificial intelligence ("AI Software") in connection with your use of the Services. We constantly review the use of the Services in order to detect the use of AI Software and in the event that we deem it has been used we reserve the right to take any action we see fit, including immediately blocking access to the Services to the offending user, terminating such user's account and seizing all monies held in such account. If the Company is informed about suspected Robots, it may, in its sole discretion, terminate suspected players' access to the Service and/or block their accounts and all monies in such player's account.
Payment Disputes: Each user of the Service is fully responsible for paying any and all monies owed by it to other users of the Service and/or the Company. Any claim which a user of the Service may have for payment of winnings to it in respect of losing bets placed by another user of the Service are against that other user and not the Company. The Company is in no way responsible to pay you if any user of the Service fails to pay his debts for whatever reason, or for taking any action whatsoever against such users. All disputes that arise between users of the Service, including those relating to payment fraud, are not the responsibility of the Company.
If your account is associated with poker fraud in any way – for example through Chip Dumping, Collusion, or the receipt of fraudulent Money Transfers – your account may be terminated, and we will be under no obligation to refund to you the funds from your account. This is irrespective of whether your account can be proven as intentionally receiving funds from a fraudulent user.
In the event of a poker fraud investigation we are under no obligation to accept any explanation provided for the receipt of fraudulent funds. If such an investigation is resolved, and your account is reopened, we may choose to remove the amount of fraudulent funds from your bankroll.
Money Transfers – If you choose to send a money transfer to any account, you accept that this transfer is irreversible. Once the amount and the recipient username has been confirmed, such transfer is irreversible, and we will not be responsible for any loss of funds caused by the member transferring monies to the wrong account.
If your account receives funds via money transfer from accounts that have security issues, we reserve the right to block your account and withhold any funds, until such security issues are resolved on all accounts – including those that you received money transfers from.
No player shall have the right to require the Company to take any steps against players suspected of collusion, cheating or any other form of fraud. The Company will not provide information with regards to investigations or any subsequent outcome. You are fully aware that there is a risk of losing money when gambling by means of the Services and you are fully responsible for any such loss. You agree that your use of the Services is at your sole option, discretion and risk. In relation to your losses you shall have no claims whatsoever against the Company and any of its affiliated entities or any white label partner or their respective directors, officers or employees.
27. Pay & Play Card - Terms & Conditions
PLEASE PRINT OFF AND RETAIN A HARD COPY OF THIS AGREEMENT FOR YOUR RECORDS.