1. Applicability of Terms and Conditions.
By clicking on the "Accept" or "Continue" button, you
represent and warrant that you fully understand and agree to comply with all of
the following terms and conditions, and that failure to abide by these terms and
conditions may result in disqualification, account closure, forfeiture of funds
and/or legal action against you. If you have any questions as to these terms and
conditions, we encourage you to seek independent counsel prior to clicking on
the "Accept" or "Continue" button.
2. Registration and the Games.
To play at the Casino, you will need to first register for an account
("Account") by choosing a unique AccountName and password and entering
other information such as your first and last name, address, email and telephone
number. You agree to provide only true and current information and you further
agree to update this information as necessary to keep it true and current. By
registering, you will be able to access both play for free games ("Play For
Free Games") and play for real games ("Play For Real Games"),
collectively the Starluck Casino games ("Games").
3. Limited Use.
The Games are for entertainment only, and your participation in the Games is
solely for your own personal enjoyment and non-professional use. You agree to
keep your Account information secret and confidential and to not allow anyone
else to use it. No purchase is necessary or required to play the Games. You may
play without betting money if you wish. Any participation in the Games is at
your sole option, discretion and risk. By playing the Games, you acknowledge
that you do not find the Games or Starluck Casino to be offensive,
objectionable, unfair, or indecent. Any other entrance, access, or use of
Starluck Casino is strictly prohibited.
4. Legality of Participation in Games.
You may only participate in the Games if it is legal for you to do so according
to the laws that apply in the jurisdiction from where you are connecting. You
understand and accept that Company is unable to provide you any legal advice or
assurances and that it is your sole responsibility to ensure that at all times
you comply with the laws that govern you and that you have complete legal right
to play the Games. Participation in the Games is void for whomever and/or
wherever prohibited by law. Moreover, Company requires that you be at least 21
years of age to play the Play For Real Games.
5. Play For Free.
For those under the age of 21, or connecting from jurisdictions where Play for
Real participation is prohibited, you may register at the Casino, provided that
you agree to only play the Play For Free Games with the play money funds that
will be added to your Account by Company without cost to, or consideration from,
you. Play money funds are kept separate from bona fide (real) money funds and
are not transferable or exchangeable within an Account. Further, such play money
funds have no value in and of themselves and are not transferable nor redeemable
for any bona fide currency.
6. No Company Employees or Affiliates.
If you are an officer, director, employee, consultant or agent of Company or one
of its affiliated or subsidiary companies, or suppliers or vendors, you are not
permitted to register with Starluck Casino or to participate directly or
indirectly in any of the Games. Any person found to have violated this section
will not be entitled to collect any winnings.
7. Copyrights and Trademarks.
The terms Starluck, Starluck Casino and Starluck Casino Online are the
trademarks, service marks and/or trade names of Company. Further, all material
on Starluck Casino, including but not limited to images, pictures, graphics,
photographs, animations, videos, music, audio, text, and the Games belongs to
Company and is protected by copyright law. You obtain no right to use such
terms, graphics, text, concepts or methodologies, by using Starluck Casino and
the materials contained therein and/or herein.
8. Software.
You may install and use the computer programs ("Software") available
from Starluck Casino on a hard disk or other storage device and make backup
copies of the Software, provided that such use and backup copying is only for
your own personal use for participating in the Games in accordance with this
Agreement, and further, that such installation and use is made through a
computer of which you are the primary user. The Software is owned by Company
and/or its licensors, and its structure, organization and code are the valuable
trade secrets of Company and its licensors. The Software is protected by
copyright law and International Treaty provisions, and you obtain no rights to
the Software except to use it in accordance with this Agreement. You are
strictly prohibited from, and agree not to modify, adapt, translate, reverse
engineer, decompile, disassemble or otherwise attempt to discover the source
code of the Software or to create, publish or distribute derivative works from
the Software. The Software is licensed and distributed by Company solely for the
purpose of enabling end users of the Software to fully utilize the Games. You
may use the Software for online play only on Company's servers. You agree not to
create or provide any means (including, without limitation, emulators) through
which the Software may be used by others, except for online play on Company's
servers. 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.
9. Depositing Funds.
To play the Play For Real Games, you will be required to deposit bona fide funds
into your Account by any of the methods specified at Starluck Casino, which may
change from time to time in Company's sole discretion. Generally, said funds
will be promptly deposited into your Account upon actual receipt of funds by
Company and/or its agents. Minimum and maximum limits apply to deposits
depending upon your history with Starluck Casino, the method of deposit, and
other factors as determined solely by Company. All funds will be paid, tracked
and maintained in United States Dollars, except as otherwise stated, and shall
not bear interest.
10. Bonuses.
Complimentary or bonus amounts credited by Company into your Account for
promotional purposes may only be used to play in the Games and you are not
entitled to cash in or withdraw such amounts without first complying with the
additional terms and conditions set forth in each bonus offering. Further,
Company reserves the right to reclaim any bonus amounts if you do not use them
within the period of time specified.
11. Cash In and Withdrawals.
Your account balance ("Account Balance") is the amounts you deposit in
your Account to Play For Real, plus or minus any accrued winnings or losses from
playing the Games, less any cash ins previously withdrawn by you or amounts
forfeited or reclaimed by Company. You may request to cash in and withdraw any
or all of your Account Balance at any time and there is no requirement to play
the Games in order for you to make such request. All amounts cashed in for
withdrawal are subject to the transaction limits and processing fees as set
forth at Starluck Casino and may change from time to time in Company's sole
discretion. Further, Company may report and withhold any amount from winnings as
required by law, and in any event, all federal, state and local taxes due in
connection with any winnings awarded to you are your sole liability. In no event
may Account Balances be transferred, substituted or redeemed for any other
prize. Payment of funds cashed in for withdrawal shall be made by check, wire,
credit card and/or any other manner which Company selects in its sole
discretion. Payments will be made as promptly as possible, subject to any
reasonable necessary security reviews.
12. Electronic Service Provider.
As stated, in order to play the Play For Real Games, you will be required to
send and receive financial transactions with Company. Company reserves the right
to sub contract our obligations to process such deposits and related financial
transactions to third party service providers ("Electronic Service
Providers" or "ESPs"). You irrevocably authorize us to instruct
such ESPs to handle account deposits and withdrawals from your Account and you
irrevocably agree that Company may give such instructions on your behalf. The
ESPs is accessed each time you use the cashier at Starluck Casino. The ESP which
currently handles Company's financial transactions is ezEcash.com International
Inc. ("ezEcash"). In the event of conflict between this Agreement and
ezEcash's terms and conditions or that of any other ESP, then this Agreement
shall prevail.
13. Security Checks and Review and Releases.
To maintain a high level of security, Company reserves the right to conduct a
security review at any time to validate your identity, verify your financial
transactions and further document your consent to this Agreement. To facilitate
these security checks, you agree to provide such identification or other
information or documentation as Company, in its unfettered discretion, deems
necessary. If you fail to comply with any security request, Company reserves the
right to void your Account. You will be notified of such verification request by
electronic mail and Account Balances will be forfeited if you do not sign and
return any required affidavit of identity and eligibility, release of liability
and/or publicity authorization.
14. Abandonment of Account Balance.
The Company reserves the right to cancel your Starluck Casino account for any
reason whatsoever at any time without notice to you. If you do not access your
Starluck Casino account by "logging in" to your Account by using your
AccountName and password for a period of one hundred and eighty (180) days, your
Account will be closed and the entire Account Balance will be deemed abandoned
and forfeited; provided however, such requirement for log-in and entry is not
and does not constitute any requirement whatsoever for you to play any Game,
deposit funds or participate in any activity at Starluck Casino other than
logging in. For the avoidance of doubt, pursuant to this section, Company may
also close your ezEcash account as well as any ESP account which you have.
15. Forfeiture, Account Closure and Confiscation.
Company reserves the right, in its unfettered discretion, to void any winnings
and confiscate any balance in your Starluck Casino account (and ezEcash account
as well as any other ESP or Company related account including other websites and
casinos owned or operated by Company) in any of the following circumstances:
i. If you have more than one active account at Starluck Casino;
ii. If the name on your Starluck Casino account registration does
not match the name on the credit card(s) or other payment accounts used to make
purchases at Starluck Casino;
iii. If you participate in a Starluck Casino promotion and withdraw
before fulfilling the requirements of that particular promotion;
iv. If you provide incorrect or misleading registration information;
v. If you are not of legal age;
vi. If you connect from a jurisdiction where participation in the
Games is prohibited by law;
vii. If you have allowed or permitted (intentionally or
unintentionally) someone else to use your Account;
viii. If you have not played at the Starluck 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.);
ix. If you have "charged back" or denied any of the
purchases or deposits that you made to your Account;
x. If you are found cheating or if it is determined by Company that
you have employed or made use of a system (including machines, computers,
software or other automated systems) designed specifically to defeat the system;
xi. If you fail to comply with any of the terms and conditions set
forth in this Agreement; OR
xii. If Company should become aware that you have played at any
other online casino under any of the circumstances set out at i) to xi) above.
15. Disclosure to Third Parties.
You agree to keep your Account secret and confidential and to not allow anyone
else to use it. If you intentionally or intentionally, directly or indirectly,
disclose your AccountName and password to another person, and such disclosure
results in a third party participating in the Games using your AccountName and
password, such participation shall be valid, and you will not be refunded any
resulting losses at Starluck Casino, regardless of whether or not the third
party had your consent or not. The Company shall not be required to maintain
AccountNames or passwords if you misplace, forget, lose, or are otherwise unable
to enter Starluck Casino because of anything other than Company's error.
16. Indemnity.
You agree to hold Company, its employees, officers, directors, licensees,
licensors, affiliates, and subsidiaries harmless and further agree to fully
indemnify them from any and all costs, expenses, liabilities and damages
whatsoever that may arise as a result of your entry, use, or reuse of Starluck
Casino, participation in the Games, or acceptance of any cash payoff.
17. Suspension of Games.
The Company reserves the right to suspend, modify, remove and/or add any Game in
its sole discretion and without notice. In the event of such suspension,
modification, removal or addition of any Game for any reason, Company will not
be liable.
18. Abusive or Offensive Language.
Abusive or offensive language will not be tolerated in the multi-player Games or
with Company staff. Any violation of this policy will result in a suspension of
playing privileges or such other action as may be required by Company to ensure
compliance.
19. Confidentiality and Privacy Principals.
The Company is committed to protecting your personal information and respecting
your privacy in accordance with best business practices. By disclosing your
personal information to Company, you consent to the collection, storage,
transfer and processing of your personal information for the purpose of
completing your Account related transactions and for Company's internal
administration and analysis. Further, to provide you with better service,
Company will collect information from you through various technologies,
including the use of cookies, and may inform you of changes, new services and
promotions that Company determines you may find interesting. Moreover, Company
has the right to access and disclose your information as necessary to properly
operate Company systems, protect Company and other end users, and to comply with
any regulatory or governmental requests. Because of the complex and constantly
changing nature of our technology and business, Company does not guarantee
error-free performance regarding the privacy of your personally identifiable
information and Company shall not be liable for any incidental, consequential or
punitive damages relating to the use or release thereof. By accepting any prize
and/or winnings from Company, you consent to the use of your name and/or
likeness for advertising and promotional purposes without additional
compensation except where prohibited by law.
20. Disclosure of Fraudulent Activities.
If, in Company's sole determination, you are found to have cheated or attempted
to defraud the Games, Starluck Casino or Company in any way including but not
limited to game manipulation or payment fraud, or if you make untrue and/or
malicious comments with regard to Company's operation, 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. Further, Company may close any accounts,
and forfeit account balances, that you have at Starluck Casino or at any other
Company website, casino and/or business.
21. NO WARRANTIES AND LIMITED LIABILITY.
YOUR ACCESS TO STARLUCK CASINO, DOWNLOAD OF THE SOFTWARE AND PARTICIPATION IN
THE GAMES IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE COMPANY SHALL NOT BE
LIABLE FOR COMPUTER MALFUNCTIONS NOR ATTEMPTS BY YOU TO PARTICIPATE IN THE GAME
BY METHODS, MEANS OR WAYS NOT INTENDED BY THE COMPANY. STARLUCK, THE GAMES AND
THE SOFTWARE ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTIABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THE FUNCTIONS
CONTAINED IN STARLUCK, THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS,
NOR THAT THEIR OPERATIONS WILL BE UNINTERUPPTED OR ERROR FREE. THE ENTIRE RISK
AS TO THE USE QUALITY AND PERFORMANCE OF STARLUCK, THE GAMES AND THE SOFTWARE
LIES WITH YOU. THE COMPANY'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING
OUT OF THIS AGREEMENT OR YOUR USE OF STARLUCK, THE GAMES OR THE SOFTWARE,
WHETHER FOR BREACH OF CONTRACT OR IN TORT, WILL BE LIMITED TO THE AMOUNT, IF
ANY, YOU PAID TO ACCESS STARLUCK. THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES IN CONNECTION
WITH OR ARISING OUT OF THIS AGREEMENT OR YOUR USE OF STARLUCK, THE GAMES, OR THE
SOFTWARE, HOWEVER THEY ARISE, WHETHER FOR BREACH OF CONTRACT OR IN TORT, EVEN IF
THE COMPANY RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. IN NO
EVENT, SHALL COMPANY BE LIABLE FOR ANY MALFUNCTIONS OF THE SOFTWARE, BUGS OR
VIRUSES, RESULTING IN LOST DATA OR ANY OTHER DAMAGE TO YOUR COMPUTER EQUIPMENT
OR SOFTWARE. FURTHER, COMPANY IS NOT REQUIRED TO PROVIDE REDUNDANT OR BACKUP
NETWORK AND/OR SYSTEMS.
22. Settlement of Disputes.
You fully accept and agree that the random number generator ("RNG")
software will determine the outcome of the Games. Further, in the event of a
discrepancy between the result showing on the Software and the casino server,
the result showing on the casino server shall be the official and governing
result of the Game. Moreover, you understand and agree that Starluck Casino and
Company records shall be the final authority in determining the terms of your
participation in the Games, the activity resulting therefrom and the
circumstances in which they occurred.
23. Notices.
If you have any dispute with regard to any outcome in the Games or other
activity at Starluck Casino, you must submit your complaint to Company in
writing within fourteen (14) days of incident by email to Support@StarluckCasino.com
and, if unsatisfied with the response, then to Admin@EdServicio.com.
24. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of
Panama without giving effect to conflicts of law principles. 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.
25. Miscellaneous.
You fully understand and agree to be bound by the terms and conditions contained
herein and as modified and/or amended from time to time. Starluck Casino
reserves the right to modify and amend this Agreement at any time with or
without notice. Such amendments will become effective immediately upon being
posted at Starluck Casino. It is your sole responsibility to review this
Agreement and amendments hereto each time you play. The terms and conditions
contained herein represent the complete and final agreement between you and
Company and supersede any and all prior agreements, representations or
statements made by Company.