Bingo Terms and Conditions
Last updated: 15 March 2011
These Rules, Terms and Conditions apply to, and are binding upon you if you participate at the Bingo Room.
These Rules, Terms and Conditions replace any pre-existing Rules, Terms and Conditions that appeared on this Bingo Room Website.
In these Rules, Terms and Conditions:
- "Account" means a unique Account that has been issued by the Bingo Room;
- "Agreement" means these Rules, Terms and Conditions;
- the "Bingo Room" means the Bingo Room situated at the Bingo Room Website and owned and/or operated by us;
- "Bingo Room Website" means http://www.jackpotcitybingo.com or any derivative thereof;
- "Charge-back" means when you, or a credit card issuing bank, or any other third party payment solutions provider effects a reversal of charges in relation to your credit card or third party deposit transaction;
- "Closed Account Player" means a player who has a Closed Player Account;
- "Closed Player Account" means an Account that has been closed, deregistered or excluded by either us or you;
- "Dormant Account" means an Account that has been inactive for a period of 3 (three) months or more;
- "Dormant Player" means a player who has a Dormant Account;
- "Participate" means, without limitation, any of the conduct described in 4.1.1 to 4.1.7 below and visiting the Bingo Room Website and/or playing any games offered by the Bingo Room at the Bingo Room and/or utilizing the Bingo Room and/or Bingo Room Website and/or the Software in any manner whatsoever;
- "Player/s" mean(s) a Real Player and/or a Guest Player and/or a Dormant Player and/or a Closed Account Player;
- "Real Player" means any player who has registered an Account at the Bingo Room;
- "Rules, Terms and Conditions" means these Bingo Room Rules, Terms and Conditions, Rules of Play and FAQs;
- the "Service" means the availability to, and provision of Software that enables you to play at the Bingo Room using the Internet;
- "Software" means any software owned by or licensed to us that must be downloaded in order for you to participate at the Bingo Room and/or any Flash Games versions of the software that do not need to be downloaded;
- "we/us/our" means Digimedia Limited , company registration number C45651, as registered in Malta, who are the owners and operators of the Bingo Room Website and/or its group companies;
- "Your Jurisdiction" means the jurisdiction in which you are domiciled, reside or work.
1. Your Participation at the Bingo Room
- 1.1 Participation
- 1.1.1 Participation at the Bingo Room is at your sole option, discretion and risk.
- 1.1.2 You are solely responsible for ascertaining whether it is legal in Your Jurisdiction to participate at the Bingo Room.
- 1.1.3 You may only participate at the Bingo Room if it is legal for you to do so within Your Jurisdiction.
- 1.1.4 In addition to the provisions of 1.1.3 above, you may only participate at the Bingo Room if you have attained the legal age of majority within Your Jurisdiction.
- 1.1.5 We do not warrant the legality of your participation at the Bingo Room in terms of the laws of Your Jurisdiction.
- 1.1.6 We have the right to request you to furnish us with proof of your identity and age as a condition precedent to us allowing you to participate at the Bingo Room.
- 1.1.7 You hereby authorize us and our designated agents in rem suam, as and when we require, to confirm your identity and your right to use the monies that you wager at the Bingo Room.
- 1.1.8 You may not open and maintain more than one account at any point in time.
- 1.1.9 Funds and/or Bingo Room credits may only be transferred between Bingo Room accounts belonging to the same player i.e. transfers to third parties are not permitted.
- 1.2 Your Warranties
- 1.2.1 You warrant and represent, and we enter into this Agreement on the basis of such representations and warranties, all of which are material at the time of your entering into this Agreement and throughout the currency hereof, that you:
- 1.2.1.2 are legally able to participate in the Bingo Room within Your Jurisdiction;
- 1.2.1.3 are an "adult", having attained the age of majority within your Jurisdiction;
- 1.2.1.4 shall not allow any third party (in particular, but without limitation, any minor/s) to, directly or indirectly, use your Account/s that you hold at the Bingo Room, utilize the Software or accept a prize from the Bingo Room;
- 1.2.1.5 have furnished us with personal details that are valid, accurate and complete in each and every respect and that you shall advise us immediately via email should such details change;
- 1.2.1.6 are the true and lawful owner of the monies that you wager at the Bingo Room and/or that you are duly and properly authorized to utilize such monies for the aforementioned purposes;
- 1.2.1.7 shall not deposit nor wager any monies at the Bingo Room that are derived in any manner whatsoever from illegal activities contemplated in 1.6 below;
- 1.2.1.8 shall pay all monies owed to the Bingo Room and in respect of payment shall not charge-back, and/or deny or reverse or countermand any such payments; and
- 1.2.1.9 have read and understood these Rules, Terms and Conditions.
- 1.2.2 If you breach the warranty contained in clause 1.2.1.2 above, all transactions placed by you shall be null and void and you shall forfeit any winnings accrued to you as a result of such transactions and/or participation.
- 1.3 Refusal to Register, Deregistration, Exclusion & Suspension
- 1.3.1 We may refuse to register you as a player or elect to deregister and exclude you or suspend you as a player from the Bingo Room at any time and for any reason whatsoever.
- 1.3.2 You acknowledge hereby that the Bingo Room is not obliged to give you prior notice of its decision to refuse, deregister or exclude or suspend you, nor to furnish you with any reasons for such decision.
- 1.4 Consequences of Deregistration, Exclusion or Suspension
- 1.4.1 If we deregister or exclude or suspend you from the Bingo Room we shall have the right to:
- 1.4.1.1 withhold payment to you of any contested funds whether such contested funds are deposits, refunds, bonuses, free monies, Bingo Room credits, payouts or the like; and/or
- 1.4.1.2 exclude you from all or any other Bingo Rooms in the group of Bingo Rooms of which the Bingo Room is a member; and/or
- 1.4.1.3 solely determine what criteria you shall have to meet in order to establish a New Account at the Bingo Room; and/or
- 1.4.1.4 in the case of fraudulent, illegal or similar misconduct by you or failure by you to pay any sums due to us:
- 1.4.1.4.1 furnish any relevant information about you to an intra-group database recording such mischief and, if necessary, hand over your account details to a collections agency for the recovery of any sums that you owe us. You hereby irrevocably authorize us to do so in our absolute discretion, and/or
- 1.4.1.4.2 have forfeited to us any contested funds that may be derived by you from fraudulent, illegal or similar misconduct.
- 1.5 Dormant Accounts
- 1.5.1 It is recorded that the provisions of this Clause 1.5 only apply if all of a Real Player's Accounts at the Bingo Room proprietary to us constitute Dormant Accounts.
- 1.5.2 Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in the Bingo Room's sole and unfettered discretion, be handled by the Bingo Room as follows:
- 1.5.2.1 an administration fee equivalent to 25% (twenty five percent) of such credit balance shall be levied monthly thereon and deducted therefrom until the earlier of:
- 1.5.2.1.1 the credit balance being reduced to zero; or
- 1.5.2.1.2 the Dormant Account becoming active.
- 1.6 Money Laundering
- 1.6.1 It is recorded that some jurisdictions have strict laws on money laundering that may impose an obligation upon us to report you to the federal or local authorities within such jurisdictions if we know, suspect or have reason to suspect that any of your transactions, amongst other things, involve funds derived from illegal activities or are intended to conceal funds derived from illegal activities or involve the use of the Bingo Room to facilitate criminal activity.
- 1.6.2 If we have knowledge or suspicion envisaged in 1.6.1 above we may:
- 1.6.2.1 immediately suspend, deregister or terminate your Account at the Bingo Room; and/or
- 1.6.2.2 at our sole discretion, not refund to you any funds held in such Account; and/or
- 1.6.2.3 exclude you from all or any other casinos, poker and/ or bingo rooms in the group of casinos, poker and bingo rooms of which the Bingo Room is a member; and/or
- 1.6.2.4 furnish any relevant information about you to an intra-group database recording such mischief. You hereby irrevocably authorize us to do so in our absolute discretion.
- 1.6.3 We reserve the right to report you to the aforementioned federal or local authorities should we, in our absolute discretion determine that we are obliged, by law, to do so.
- 1.6.4 In order to assist in the prevention of money laundering:
- 1.6.4.1 no cash shall be accepted to fund any Account at the Bingo Room;
- 1.6.4.2 no substantial and/or exceptional withdrawals individually and cumulatively shall be made unless facsimile copies of the following are received:
- 1.6.4.2.1 most recent bank statement for the bank account from which your wagers have been paid;
- 1.6.4.2.2 a copy of a government issued photo identity document, driver's license, passport, identity card, etc
- 1.6.4.2.3 a copy of a utility bill no older than 3 months clearly reflecting your registered address and name, most recent bank statement, gas or electricity bill, etc
- 1.7 Publicity
- 1.7.1 If, whilst playing at the Bingo Room, you win a sum of money or any other prize regarded by the Bingo Room as worthy of publicity, you agree to make yourself available for any event of such a nature arranged by the Bingo Room. The Bingo Room will do its utmost to protect your privacy at all times.
- 1.7.2 Without derogating from the generality of clause 1.7.1 above, you hereby grant us the right to use your first name in any publicity about your win mentioned above and to use a picture of a model in your stead.
- 1.7.3 For further information on our privacy policy please see the relevant link on this Bingo Room Website.
2 The Service
- 2.1 The Service and the Software are provided "as is". We make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness or accuracy of the Service or the Software.
- 2.2 We shall not be liable for computer malfunctions, failure of telecommunications service or Internet connections nor attempts by you to participate in games by methods, means or ways not intended by us.
- 2.3 We cannot guarantee that the Service will never be faulty but we will correct reported faults as soon as we reasonably can. If a fault occurs you should report the fault by email or in writing to Customer Support.
- 2.4 Although we shall take all reasonable measures to ensure that the Software and files are free from computer viruses we cannot and do not guarantee that the Software and files are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
- 2.5 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but shall not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after temporary suspension.
- 2.6 In the event of a Bingo Room system malfunction all bets are void.
- 2.7 In accordance with clause 4.2 below, we will not be liable to you for any loss that you may incur as a result of such suspension or delay.
3 Shared Environments
We may impose any limits or conditions that we, in our sole discretion, deem fit on any persons who open or attempt to open Accounts at the Bingo Room where such Accounts originate from environments where computers are, or the environment is shared.
4. Indemnity & Limitation of Liability
- 4.1. You indemnify and hold harmless the Bingo Room, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Bingo Room and any of its subsidiaries against any and all costs, expenses, liabilities and damages (whether direct, indirect, special, consequential, exemplary or punitive or other) arising from any participation by you at the Bingo Room. The nature of your participation shall include, but not be limited to, inter alia:
- 4.1.1. visiting, use or re-use of this Bingo Room Website;
- 4.1.2. use or re-use of any materials at, or obtained from, this Bingo Room Website or any other source whatsoever;
- 4.1.3. entry, use or re-use of the Bingo Room Website server;
- 4.1.4. facilitating or making a deposit into your Account at the Bingo Room;
- 4.1.5. wagering or gaming at the Bingo Room;
- 4.1.6. acceptance and use of any win or prize at or from the Bingo Room;
- 4.1.7. use or re-use of the Bingo Room software, whether downloaded from the Bingo Room Website or by any other means or through any other medium.
- 4.2. In no circumstances whatsoever shall the Bingo Room, its directors, officers, employees, shareholders, agents and affiliates, the ultimate parent and parent companies of the Bingo Room and any of its subsidiaries be liable to you in contract, tort, negligence or otherwise, for any loss or damage howsoever arising from any cause whatsoever, whether direct or indirect, or for any amounts whatsoever (even where we have been notified by you of the possibility of such loss or damage).
5. Promotions, Competitions and the Cash-Back Program
- 5.1. It is recorded that the Bingo Room shall/ may, from time to time, offer certain promotions and competitions and that these competitions and promotions may have separate terms, conditions and rules that are competition or promotion-specific.
- 5.2. These Rules, Terms and Conditions apply to any competition or promotion.
- 5.3. In the event of a conflict between these Rules, Terms and Conditions and the promotion or competition-specific Rules, Terms and Conditions, the promotion or competition-specific Rules, Terms and Conditions shall prevail but only to the extent that the Rules, Terms and Conditions conflict with one another.
- 5.4. The Bingo Room is a member of a group of online Casinos, Poker and Bingo Rooms (the "Group"). You may not claim a sign- up bonus at the Bingo Room if (1) prior to opening an Account at the Bingo Room, you have opened an Account at any other online Casino, Poker or Bingo Room within the Group and claimed a sign- up bonus from such other online Casino, Poker or Bingo Room and (2) having claimed such sign- up bonus from the other online Casino, Poker or Bingo Room within the Group, wagered such previously claimed sign- up bonus and initial deposit less than 100 times at the online Casino, Poker or Bingo Room granting you such sign- up bonus. Under no circumstances shall you be eligible for more than one sign- up bonus at the Bingo Room even if you are able to open multiple Accounts thereat (in, for example, different currencies or languages). If your Account at the Bingo Room has been credited with a sign- up bonus for which you (in our sole and unfettered discretion) are ineligible, the Bingo Room shall retrospectively void such sign- up bonus and any winnings received by you after the sign- up bonus has been credited to your relevant Accounts.
- 5.5. If you win a prize and would prefer to receive the value thereof in Bingo Room credits, such credits shall be paid into your Bingo Room account.
- 5.6. If for any reason we are unable to get stock or delivery in your country, the Bingo Room will deposit the value of the prize into your Bingo Room account.
- 5.7. The value of the prize will be based on the recommended retail selling price in US Dollars in the USA, as determined at our sole discretion.
6. Rules of Play & FAQs
- 6.1. In addition to these Rules, Terms and Conditions certain Rules of Play and questions and answers in FAQs shall apply to you and be binding upon you in respect of your participation at the Bingo Room.
- 6.2. You hereby agree to be bound by the aforementioned Rules of Play and questions and answers in FAQs as if they were specifically incorporated into these Rules, Terms and Conditions.
7. Intellectual Property
- 7.1. We hereby grant you a revocable, non-exclusive, non-transferable right to use the Bingo Room Website and the Software and all content derived from the Bingo Room Website and the Software, including copyright and all intellectual property rights therein, in connection with the Service in accordance with these Rules, Terms and Conditions.
- 7.2. You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Bingo Room Website and the Software shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorized by us or our licensors.
- 7.3. You acknowledge and agree that the material and content contained within the Bingo Room Website is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of such material and content is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit, tamper with, or create derivative works of such material and content.
8. General
- 8.1. Amendment
- 8.1.1. The Bingo Room may, without notice to you, amend, alter, delete, interlineate or add to ("Changes") these Rules, Terms and Conditions, the promotion or competition-specific Rules, Terms and Conditions or Rules of Play at any time whatsoever.
- 8.1.2. These Changes shall become effective, and you shall be bound by these Changes, immediately upon their posting on the Bingo Room Website.
- 8.1.3. You agree to regularly review these Rules, Terms and Conditions, promotion or competition-specific Rules, Terms and Conditions and the Rules of Play regularly in order to assess whether any changes have been made.
- 8.2. Eligibility
The Bingo Room’s employees, subsidiaries and affiliates connected to any referral programs linked to the Bingo Room, advertising or other agencies, licensees, licensors, distributors and their other associated or affiliated companies or, in the case of individuals, the immediate family of such individuals, are not eligible to participate at the Bingo Room as a Real Player.
- 8.3. Severability
If any part of these Rules, Terms and Conditions is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from the rest of these Rules, Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions of these Rules, Terms and Conditions. In such cases, the part deemed invalid or unenforceable shall be amended in a manner consistent with applicable law to reflect, as closely as possible, our original intent.
- 8.4. Non-Waiver
No indulgence granted by the Bingo Room to you should be construed as a waiver of any of our or the Bingo Room’s rights in terms of these Rules, Terms and Conditions.
- 8.5. Third Parties
Unless otherwise expressly stated, nothing in these Rules, Terms and Conditions shall create or confer any rights on any persons not party to these Rules, Terms and Conditions.
- 8.6. Assignment
We reserve the right to transfer, assign, sub-license or pledge, in whole or in part, any of the rights and obligations granted to or imposed upon us by these Rules, Terms and Conditions. You may not transfer, assign, sub-license or pledge any of the rights and obligations granted to or imposed upon you by these Rules, Terms and Conditions.
- 8.7. Whole Agreement
Unless the context otherwise indicates, these Rules, Terms and Conditions set out the entire agreement between us and supersede all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
- 8.8. Interpretation
In this Agreement the headings are used for convenience only and shall not affect its interpretation. References to persons shall include incorporated and unincorporated persons; references to the singular include the plural and vice versa; and references to the masculine include the feminine.
- 8.9. Government of Malta
This Bingo Room is regulated by the provisions of the Gaming Legislation, Ordinances and Regulations of and issued by the Government of Malta. You acknowledge and agree that we may be bound (and shall be entitled) to disclose certain information about you and your account to the Government of Malta Gaming authorities in terms of such laws and regulations.
- 8.10. Applicable Law & Jurisdiction
Maltese law and shall be subject to the non-exclusive jurisdiction of the Maltese superior courts to which the parties hereby submit, except that a Party may seek an interim injunction in any court of competent jurisdiction.
- 8.11. Limitation of Actions
You hereby agree that any legal proceedings to enforce any claim that you may have (if any) against the Bingo Room shall be initiated by you within a period of 6 (six) months of the cause of action arising (the "Prescription Period"); failing which you hereby forever waive and abandon any right that you may have to enforce such claim after the Prescription Period and confirm that on the expiry of the Prescription Period the said claim shall be void, waived and abandoned in law.
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