Terms of Use

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TERMS AND CONDITIONS

Terms and Conditions of Use of Services of THE COMPANY

These terms and conditions (the "Agreement") constitute a legally binding agreement between:

  • You, the End User;
  • The Gaming Network (Malta) Limited. (TGN)

The gaming or wagering games are located at www.AstroBingo.co.uk, or www.BingoMania.co.uk or www.BingoBoogie.co.uk or www.BingoNanza.co.uk or www.EyesDown.com or www.JuicyBingo.co.uk or associated URLs that are under the TGN online bingo network ("Games"). The Games operate on the basis of an underlying software system licensed by The Gaming Network Limited (the "Software"). This End User Agreement is between you and TGN. TGN may enforce any of its respective rights or powers set out in this Agreement against you directly. The Games are operated by The Gaming Network, which holds a Class 1 Remote Gaming Operator regulated by the Malta Lotteries & Gaming Authority (licence number LGA/CL1/212/2005). The Gaming Network Limited's registered office is at Abacus, Suite 2, St. Venera, SVR 9017, Malta (Company Registration number C35505).

The purpose of this Agreement is to regulate the legal relationship between you and TGN in relation to your use of the Games and the Software. If you have any questions, TGN encourages you to seek independent legal advice in your jurisdiction prior to your acceptance by checking the box stating that you have read this agreement and agree to be bound by its terms. By checking the box stating that you have read this agreement and agree to be bound by its terms and/or use the Games or the Software you are legally bound by this Agreement. If you do not agree with any of the terms of this Agreement you must not check the box stating that agree to be bound by its terms.

  1. THE GAMES
    1. You can only use the Games if you are of the legal age of majority as determined by the law of the country from where you live and/or access the Games (the "Local Jurisdiction"). You cannot use the Games if you are under 18 years of age in any circumstances. If you are under 18 years of age or below the legal age in the Local Jurisdiction, or if your use of the Games is prohibited in the Local Jurisdiction (YOU HAVE AN OBLIGATION TO MAKE THIS DETERMINATION BY MAKING THE APPROPRIATE ENQUIRES IN THE LOCAL JURISDICTION) then you must only use the version of the Games that can be played for fun or practice, and not for real money.
    2. The Games are only available to you if the use of the Games is permitted in the Local Jurisdiction. TGN does not intend that anyone should use the Games where such use is illegal. The availability of the Games does not constitute an offer or invitation by TGN to use the Games in any country in which such use is illegal. Use of the Games and participation therein is void wherever prohibited by any applicable law. You accept sole responsibility for determining whether your use of the GAMES is legal in the Local Jurisdiction. If your use of the Games is illegal you will not be entitled to collect any winnings and the TGN reserve the right to recover any winnings already received by you and/or by anyone acting on your behalf and to report you to the relevant authorities.
  2. END USER'S REPRESENTATIONS, WARRANTIES AND COVENANTS & INDEMNITY
    1. In consideration for the rights granted to you to use the Games and the Software you warrant, represent and covenant with the TGN (and acknowledge that the TGN are relying on such warranties, representations and covenants) that:
      1. You are of sufficient legal age, and are legally allowed, to use the Games in the local jurisdiction;
      2. Your use and interest in the Games is personal, and not professional and that you are only using the Games for yourown private entertainment and you acknowledge that any other entrance, access, use or reuse of the Games is strictly prohibited;
      3. You are solely responsible for recording, reporting, paying and accounting to any relevant governmental or taxationauthority for any tax or other levy that may be payable on your winnings from the Games;
      4. You agree and acknowledge that you will not provide any information or make any statement to the TGN that isuntrue, false, incorrect or misleading including (but not limited to) information relating to your identity and contact details. Any and all information that you have provided to TGN is true (and will continue to be true) in every respect throughout the term of this Agreement and you agree to duly notify TGN of any changes to such information immediately;
      5. You will not use the Games or Software to (i) engage in any activity which you know, or reasonably ought toknow, will (or may) be illegal or deceptive, including colluding with other players in an attempt to defraud, or (ii) facilitate transactions, the main purpose of which as determined solely by TGN is to effect a transfer funds from you or your account to another end user or account.
      6. You are solely responsible for the acquisition, supply and maintenance of all of the computer equipment andtelecommunications networks and Internet access services and all other consents and permissions that you need to use in order to access the Games or use the Software.
      7. You fully understand the methods, rules, and procedures of the Games and, where and when appropriate, will seekadvice or help when using the Software or the Games.
      8. All monies used by you in the Games are lawfully yours and are not obtained from an illegal source or through illegal activity.
      9. You acknowledge that there exists a risk of losing money when using the Games.
      10. By accepting any winnings, you consent to TGN's use of your name for advertising and promotional purposes without additional compensation except where prohibited by law.
      11. You accept and agree to abide by both the terms and conditions of this Agreement, as amended from time to time,the rules ofthe Games and any rules and terms for any promotions or loyalty schemes in which you participate, each as set out on the website from time to time. www.AstroBingo.co.uk, or www.BingoMania.co.uk or www.BingoBoogie.co.uk or www.BingoNanza.co.uk or www.EyesDown.com or www.JuicyBingo.co.uk or associated URLs that are under the TGN online bingo network. Your participation in any promotions shall be deemed as consent to the applicable rules and terms set out in connection with the respective promotion.
    2. You agree to fully indemnify the TGN and hold the TGN harmless from and against all and any losses, costs, expenses, claims, demands, liabilities and damages however caused that may arise as a result of your (a) use of the Games or (b) acceptance of any winnings or (c) any breach of this Agreement.
    3. If you breach this Agreement or TGN has any reasonable grounds for suspecting that you have breached the Agreement, in addition to any other remedies available to the TGN, it may withhold payment of your winnings; and/or it may retain the balance in your account; on account of any damages or other amounts owed by you to TGN.
  3. SOFTWARE
    1. Other then elements which are licensed to the TGN, title, ownership and all intellectual property or other proprietary rights in the Software belong to TGN, including any images, photographs, animations, video, audio, music and text that may be part of the Software. The Software in source code form is the trade secret and confidential information of TGN. All rights not expressly granted to you under this Agreement in respect of the Software are reserved to TGN. The Software is protected by all applicable intellectual property laws and international treaty provisions
    2. Title, ownership and all intellectual property or other proprietary rights in the Games which are not owned by TGN, belong to other third parties and you shall not acquire any rights, interest in or title to any such intellectual property rights.
    3. The copying, redistribution or publication of any part of the Software is strictly prohibited. You will not sell, assign, sub-license, transfer, distribute, rent or lease the Software and you will be solely liable for any and all damages, costs and expenses arising from such unauthorized sale, assignment, distribution, renting or leasing thereof. You will not make the Software available on a computer network or otherwise make the Software available to any third parties without the prior consent of the owner and/or licensor of the Software. You will not copy, reverse engineer, decompile, disassemble, modify, translate, or make any attempt to discover the source codes of the Software or create derivative works based on the Software, and you will be solely liable for any damages, costs or expenses arising from the above. You will only use the Software for the purposes contemplated by, and in accordance with the terms of, this Agreement. If you become aware that the Software is being used in any manner not authorized by this Agreement or otherwise, you will immediately notify TGN.
    4. You agree that you will not use the Software for any unlawful purposes or for the purposes of sending or transmitting any data or other material:
      1. in a manner that constitutes a violation or infringement of the rights of any third party (including but not limited to intellectual property rights); or
      2. that has harmful or destructive or damaging properties; or
      3. that may constitute any form of collusion; or
      4. which is likely to cause harm or damage to the computer systems, network or equipment of any third party.
    5. You acknowledge and agree that the Software and any related documentation or other materials provided by TGN are the confidential information of TGN. You agree not to disclose such confidential information to outside parties without the consent of TGN owning such confidential information. You shall only use confidential information for the purposes of this Agreement. Your obligations with respect to confidential information shall survive termination of this Agreement.
    6. TGN may develop or issue upgraded versions of the Software from time to time and may make such upgraded versions available to you in their sole discretion. All such upgrades shall be deemed to be Software for the purposes of this Agreement.
    7. If you use multiple browsers or attempt to manipulate or ascertain information concerning the Software or are involved in collusion, you will forfeit all money and be deactivated as a player. All wagers must be placed through the user interface. Any wagering through other means, including the use of a "robot" player, is strictly forbidden.
  4. TERMINATION
    1. This Agreement is effective from the date you check the box stating that you have read this agreement and agree to be bound by its terms until terminated in accordance with its terms.
    2. TGN may terminate this Agreement at anytime, and for any reason whatsoever in their sole and absolute discretion with or without notice to you. In particular the TGN may immediately terminate this Agreement without notice if:
      1. you fail or refuse to pay any amount due to any of the TGN;
      2. you breach any of the terms of this Agreement in any way including your representations, warranties or covenants given in this Agreement;
      3. any statement or information you provide to the TGN is untrue, false or misleading whether now or at anytimethatyou playthe Games;
      4. you are committing any offence; or
      5. you cause to be published on, and/or sent via, the Games or Software any actual or potentially defamatory, offensive, racist, harmful or obscene language or material.
    3. You may terminate this Agreement at any time by prior written notice to TGN. On termination of this Agreement you shall immediately:
      1. discontinue use of the Software and the Games;
      2. pay all amounts due and owing to the TGN; and
      3. On request, return to TGN, or certify destruction of, all full or partial copies of the Software and related documentation and materials in your possession, custody power or control.
    4. 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 the right to deduct any amounts owed by you to the TGN and any applicable transaction charges form such balance before remittance to you. If this Agreement is terminated as a result of your default then you will be liable to the TGN for any damages suffered by it.
    5. The TGN shall have no liability to you in respect of an event of Force Majeure. For the purposes of this Agreement "Force Majeure" means any event outside the reasonable control of a party affecting its ability to perform any of its obligations under this Agreement.
  5. GAMES TERMS
    1. TGN reserves the right to refuse or limit any wager in its sole discretion.
    2. If TGN find any evidence or has any suspicion that you have attempted or intend to breach this agreement or tamperedor will tamper with the Software or the operation of the Games in any way, in addition to any other remedies available to it, TGN may withhold payment of your winnings.
    3. TGN may provide other games as authorized and/or services from time to time.
    4. TGN may, in its absolute discretion, alter or amend or withdraw any game or any part thereof, at any time, and may alterprices, features, specifications, capabilities, functions and/or other characteristics of the Games, including the rules of play.
    5. TGN reserves the right to terminate your access to the Games at any time, for any reason.
    6. TGN reserves the right to amend your nickname and/or alias in its absolute discretion if it believes the same tobe defamatory, offensive, pornographic in nature or intended to impersonate a real person or brand name.
    7. If applicable, TGN reserves the right to prohibit any player from participating in any and all games, and may, wheresituations warrant, freeze the chips of any player suspected of cheating in any form. TGN further reserve the right to restrict seating and/or to prohibit players from playing in a particular game, including restricting two or more players from playing together at the same game.
  6. FINANCIAL TERMS
    1. TGN may itself (or through The Gaming Network Limited or another e-cash provider) provide you with the e-cash services. If you play for money, you will be required to open an electronic cash account.
    2. TGN reserves the right to instruct The Gaming Network Limited or other relevant e-cash provider (i) refuse any application for an account; (ii) to freeze funds in your account (which are subject to reclamation by TGN); and/or (iii) to close any account at any time for any reason. If TGN elects to instruct The Gaming Network Limited or other relevant e-cash provider to close your account, the balance subject to any amounts in dispute or review will be paid out to you.
    3. Your account will be deemed to be inactive if you do not process a transaction or access a play for real game in any continuous period of ninety (90) days. Once your account is deemed to be inactive, you agree to forfeit the balance after which the account will be closed. You permit TGN or The Gaming Network Limited or other relevant e-cash provider to debit this from your account on the account being deemed inactive.
  7. USER INFORMATION
    1. You are solely responsible for the security and protection of your user name, password and personal identification number and financial information (collectively the "User Information"). You will take all necessary and reasonable steps to protect the User Information from disclosure. You will not divulge the User Information to any third party. You will not permit any third party to use your User Information in order to access the Games or the Software, whether authorized or not
    2. TGN or The Gaming Network Limited does not generally provide details of your account to third parties, however, they reserve the right to:
      1. release any information with respect to your account to a request by a financial institution, credit reporting agency, a governmental agency, regulatory body or court of law, whether such request is made pursuant to a court order or otherwise;
      2. provide details of your account to the police or other investigatory agency pursuant to a verifiable request;
      3. provide details of your account to your credit card issuer, a person utilizing a negative database, bank orcredit reportingcompany for the purpose of conducting a credit investigation or rating your credit worthiness or the TGN's desire to transact business with you ;
      4. provide details to a credit reporting agency,
      5. seek verification of any information provided by you in relation to your account; and
      6. provide details of your account to a third party for the purposes of providing you access to the Games and the Softwareto asuccessor in title to TGN's business.
  8. ERRORS & OMMISSIONS
    1. If there is any discrepancy between the gaming results on your computer and the results on the game server for the Games, the results on the game server for the Games shall be final and binding. If there is any discrepancy between your on-screen display and server with respect to balance in your account, the balance held on server is deemed to be the balance in your account and this determination shall be final and binding. You will forfeit any amounts shown to be in your account that result from human error, technical default or fraud.
    2. If you are incorrectly awarded any winnings as a result of (a) any human error on the part of the TGN; or (b) any bug, defect or error in the Software or (c) the failure of the Games or the Software to operate in accordance with the rules of any of the Games through technical error, fraud or otherwise then TGN will not be liable to pay you any such winnings and you agree to refund any such winnings that may have been paid to you by TGN as a result of such error or mistake.
    3. TGN and their respective licensees, distributors, parents, subsidiaries, affiliates and all of their officers and directors and employees will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.
  9. CHANGES TO THIS AGREEMENT
    1. TGN may modify, restate or amend the terms and conditions of this Agreement, the rules of the Games, the rules and terms applicable to promotions or loyalty schemes, from time to time by posting a copy of the change, modification, restatement or amendment on the web site of any of the online bingo game web site of TGN.
    2. A copy of this Agreement, as updated from time to time, is available for your review at any time on the web site at www.AstroBingo.co.uk, or www.BingoMania.co.uk or www.BingoBoogie.co.uk or www.BingoNanza.co.uk or www.EyesDown.com or www.JuicyBingo.co.uk or associated URLs that are under the TGN online bingo network.
    3. If you use or continue to use the Games or Software after the posting of the change to this Agreement, you will be deemed to have accepted the change.
  10. NO WARRANTIES & LIMITED LIABILITY
    1. 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 MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TGN DO NOT WARRANT THAT THE OPERATION OF THE GAMES OR THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR FREE OR SECURE OR THAT ANY DEFECTS ARE CORRECTABLE OR WILL BE CORRECTED. THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE GAMES AND THE SOFTWARE LIES WITH YOU. IN ADDITION, ANY SECURITY MECHANISMS IMPLEMENTED BY THE GAMES OR THE SOFTWARE HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THEY MEET YOUR REQUIREMENTS.
    2. TGN'S MAXIMUM LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE GAMES OR THE SOFTWARE, WHETHER FOR BREACH OF CONTRACT, EQUITABLE DUTY OR IN TORT OR OTHERWISE, WILL BE LIMITED TO THE AMOUNT, IF ANY, YOU PAID TO ACCESS THE GAMES. NOTHING IN THIS AGREEMENT SHALL LIMIT THE TGN LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THEIR NEGLIGENCE.
    3. IN NO EVENT WILL TGN, THEIR LICENSEES, DISTRIBUTORS, PARENTS, SUBSIDIARIES, AFFILIATES AND ALL OF THEIR OFFICERS, DIRECTORS AND EMPLOYEES, NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE GAMES OR THE SOFTWARE, BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE GAMES OR THE SOFTWARE. THIS DISCLAIMER AND LIMITATION APPLIES REGARDLESS OF THE CAUSE OR NATURE OF THE LOSSES OR DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUE OR PROFITS (WHETHER DIRECT OR INDIRECT), INTERRUPTIONS, LOSS OF DATA, INACCURATE RESULTS, OR DELAYS, HOWEVER ARISING AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF THE TGN RECEIVED PRIOR NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCEPTING THIS AGREEMENT, YOU ACKNOWLEDGE THAT THE NOMINAL FEE, IF ANY, REFLECTS THIS ALLOCATION OF RISK.
    4. ANY ALLOWABLE CLAIM, IF ANY, WHICH YOU MAY BRING AGAINST THE TGN MUST BE BROUGHT NO LATER THAN SIXTY DAYS AFTER THE DATEOF THE EVENT GIVING RISE TO THE CLAIM, AND YOU HEREBY WAIVE ANY RIGHT TO BRING ANY CLAIM NOT BROUGHT WITHIN SUCH PERIOD.
    5. IF YOU ARE USING ANY THIRD PARTY EQUIPMENT, SOFTWARE OR SERVICES (COLLECTIVELY, THE "THIRD PARTY GOODS/SERVICES") IN CONNECTION WITH YOUR USE OF THE GAMES OR THE SOFTWARE, THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SUCH THIRD PARTY GOODS/SERVICES RESTS WITH YOU. SHOULD SUCH THIRD PARTY GOODS/SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
  11. INDEMNITY
    1. You shall defend, indemnify, and hold TGN, its parent, subsidiaries, partners (including anyone else involved in creating, producing or delivering the Games and the Software), affiliates, directors, officers, employees, and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses, including legal fees, resulting from, arising out of, or in any way connected with: (i) your misuse of the Games and the Software, (ii) any breach of this Agreement by you, (iii) your acts or omissions, (iv) the enforcement or protection or clarification of TGN's rights under this Agreement.
  12. GENERAL MATTERS
    1. The relationship between you and TGN under this Agreement is a business relationship and shall not at any time be construed as a partnership, joint venture, trust arrangement, agency or fiduciary relationship of any kind. Nothing in this Agreement shall be construed so as to grant you any security interest whatsoever in the assets of any of TGN.
    2. If you are importing the Software (or any part of it) from another jurisdiction, you agree to indemnify, defendand holdTGN harmless from and against any import and/or export duties and/or other costs and expenses arising from such importation.
    3. The rights and obligations under this Agreement shall not be governed by the United Nations Convention on Contractsfor the International Sale of Goods and/or any local implementing legislation, the application of which is expressly excluded.
    4. You permit TGN to audit your compliance with this Agreement, as TGN deems necessary in their sole discretion at any time for any reason.
    5. The terms and conditions of this Agreement that by their sense and context are intended to survive after performance hereunder shall survive the termination or expiration of this Agreement.
    6. Any provision of this Agreement that is invalid, illegal or unenforceable in any jurisdiction will be ineffective in that particular jurisdiction, without affecting the validity, legality or enforceability of that provision in other jurisdictions, or invalidating the remaining provisions of this Agreement.
    7. This Agreement constitutes the entire agreement between you and TGN, and supersedes any prior understandings, agreements or commitments, whether written or oral between you and those parties.
    8. If TGN needs to contact you or give you formal notice under this Agreement they will make such contact or give notice by any reasonable means in the circumstances based on the information that they hold about you or that you have provided them with. Such contact or notice may be by email, letter, fax, other electronic communication or otherwise. If TGN uses the details that it holds on you to serve notice then you will be deemed to have received the notice within a reasonable time after the TGN sends it. You agree that you will notify TGN if your contact details change.
    9. TGN shall not be liable to you for any failure to comply with their obligations under this Agreement to the extent that such failure is beyond their reasonable control.
    10. You may not assign this Agreement to any third party without TGN's prior written consent. Subject to that restriction, this Agreement will be binding on and inure to the benefit of, each of the parties respective successors and assigns. The TGN may assign, transfer or novate any or all of their rights and obligations under this Agreement to any third party at anytime without notice to you.
    11. The original text of this Agreement is in English and any interpretation of this Agreement will be based on theoriginalEnglish text. If this Agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.
  13. LAW & JURISDICTION
    1. This Agreement shall be governed by the laws of Malta as are in force from time. By accepting this Agreement, you agree to submit to the exclusive jurisdiction of the location that TGN determines in its sole discretion in respect of any disputes arising out of, or connected with, this Agreement. Nothing in this paragraph shall prevent TGN from applying to the courts of any jurisdiction for such provisional or protective measures as are available under the laws of that jurisdiction.

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