MGC END-USER AGREEMENT

MGC END-USER AGREEMENT
Read this agreement carefully and make sure that you completely understand its content. If you have any questions or remarks about your rights and obligations resulting from the acceptance of this agreement, don't hesitate to consult a legal attorney in your jurisdiction.

1.     DEFINITIONS
Here you can find the definitions of words and terms, used in this agreement.

2.     SUBJECT MATTER OF AGREEMENT
This agreement covers all the arrangements between you and us in relation to your use of the Online Casino for either playing play-for-real or play-for-fun games.

3.     LEGAL REQUIREMENTS
3.1      You may not use the Online Casino and/or the Website if you are under 18 in any circumstances.

3.2      You can only use the Online Casino and/or the Website if you are the legal age as determined by your country laws.

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.

Please note: You accept exclusive 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 give you the personal non-exclusive, non-transferable right to use the
Software, for playing in the Online Casino, in accordance with the following provisions.

4.1      You are not allowed to:
4.1.1   Upload or install 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, lease, assign, rent, loan, copy or transfer (except as expressly provided elsewhere in this agreement), your license to use the Software, or make or distribute copies of the Software;
4.1.3   Translate, reverse engineer, decompile, disassemble, adjust, create imitative works based on, or otherwise modify the Software;
4.1.4   Translate or copy any user documentation provided 'online' or in electronic format;
4.1.5   Decompile, reverse engineer, disassemble, modify, adapt, translate, make any attempt to determine the source code of the Software or to create imitative works based on the entire or on any part of the Software;
4.1.6   Enter, access or try to enter or access or otherwise go around our security system or obstruct in any way (including but not limited to, bots and similar devices) with the Online Casino or the Website or attempt to adjust the Software and/or any features or components thereof.

4.2      The Software is not owned by you. 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 license to use the Software.
 

4.3      The software is provided 'as is' with no guarantees, conditions, undertakings or representations, express or implied, statutory or otherwise. We hereby exclude all implied terms, conditions and warranties (including any of merchantability, satisfactory quality and fitness for any particular purpose). We don't warrant that the software will meet your requirements. 

4.4      We do not guarantee 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.
When communications or system errors occur in connection with the settlement of accounts or other features or components of the software neither 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. Furthermore, we 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 these errors.

4.5      You hereby accept that it is not in our control how the Software is used by you. You download, install 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 MGC 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, monitored and regulated by the laws of that country for the purpose of operating a virtual casino on the internet, under the name www.mgc.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 entering your customer security login.

5.3      You cannot use the Online Casino for any commercial use or on behalf of another person. Any use of the Online Casino by you is only for own private purposes.

5.4      Keep your Username and Password confidential and do 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 personal and 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 can never let any third party use your Player Account to use the Online Casino and you cannot 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 duty 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 use 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, attempt to break in or access, or otherwise go around 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 your access to the Online Casino immediately, have your account blocked, and we reserve the right to inform the applicable authorities.

5.8      We will only use your personal information in agreement with our Privacy Policy, which you can find in detail at www.mgc.com/privacy.html. We reserve the right to alter the Privacy Policy at any time and we reserve the right to ask you to provide us with additional details. 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 guarantees with respect to the legality or otherwise of the accessing and use of the Online Casino in your country of residence and it's completely your responsibility to decide whether such accessing and use of the Online Casino by you is legal. We further guarantee in that respect that it does not intend to enable you to break any applicable law.

6.2      You will not transfer in any way whatsoever your rights under this agreement without our preceding 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 adjustments to your registration details.

6.5      Payments

6.5.1   You accept that we, or a payment processing company on our behalf, will take care of all financial account transactions (so on called the "Payment Processor"). You hereby accept that the Payment Processor reserves the right to withhold any payments should the Payment Processor have reason to believe or any suspicion that you might be involved or have been involved in fraudulent, collusion, unlawful, or improper activity.
6.5.2   You agree to pay all payments due to us or any third party in connection with your use of the Online Casino. You further accept 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 reimburse 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 accept that the maximum amount that a Player can cash-out is $10,000 USD (or the equivalent amount in EURO or GBP currency) per month. This condition doesn't apply on the progressive Jackpot winnings.

6.6      You accept that you are exclusively 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 held legally responsible 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 accept 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 also 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.  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 accept that if your Player Account is opened, you will fully assure us, and hold us harmless from and against, all losses, costs, expenses, claims, demands, liabilities and damages that could caused 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 have the right to make changes to this agreement as set out in clause 9 below. It is your duty to frequently check and see whether there is a notification of change in accordance with clause 9 below

7.     YOUR WARRANTIES AND REPRESENTATIONS
You guarantee that:

7.1      You are not a resident of the Mohawk Territory of Kahnawake, 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 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 by using the Software to play games on the Online Casino;

7.7      You are not depositing funds originating from criminal and/or un-authorized activities;

7.8      You are not in any way involved in criminal activities and/or intending to utilize 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 not allowed 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 planning or attempting to plan 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 given 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 officers, directors, employees, consultants or agents 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    In the past you have not held a Player Account which was suspended or terminated either by us or by any other online gaming operator, charged back any dues 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      At our sole discretion, we can 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 frequently to check whether there is a notification of change. You are exclusively responsible for being up-to-date with 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 automatically accept 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 have, 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, adjust 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 unlimited cash-out amounts).

9.2      We have 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 disagreement regarding a wager or winnings, our decision will be final and binding.
 

9.4      We reserve the right to withhold (up to a reasonable level) any pay out or winning amount until the identity of the winning person is verified to our satisfaction, in order to guarantee that payment of the winning amount is being made to the truthful person. For this purpose, we further reserve the right, at our sole discretion, to demand that you will provide us with a valid ID or any equivalent certified ID according to the applicable law of your jurisdiction.

9.5      At any time, we can reveal certain personal information of yours to third parties in accordance with our Privacy Policy, which is set out in full at www.mgc.com/privacypolicy.html.
 

9.6      If we 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, finish 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 commitment in such circumstances to refund or otherwise reimburse you for any of the funds in your Player Account.

9.8      We have 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 have 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. We also have the right to adjust any policy if 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 “I agree” button in the download & installation process, and shall remain in force indefinitely unless terminated in accordance with clause 9.6. To avoid doubt it is agreed that you are bound by this agreement if you use the Online Casino, 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. Nonetheless, this doesn't 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 misconduct, indiscretion, 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 accept to receive communications from us in an electronic form (e-mail). 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    To ensure 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 support@monacogoldcasino.com