Winstant has received a Letter of Intent (LGA/CL1/398/2007) from the Lotteries & Gaming Authority Malta, a world class government regulated gaming jurisdiction, allowing Winstant to operate this site.
PLEASE READ AND PRINT THIS LICENSE AGREEMENT IN ITS ENTIRETY BEFORE ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE LICENSE TERMS AND CONDITIONS YOU MUST NOT ACCESS THE WINSTANT.COM SOFTWARE FROM YOUR COMPUTER. THE USE OF THIS SOFTWARE WITHOUT YOUR ACCEPTANCE OF THIS AGREEMENT WILL CONSTITUTE A SERIOUS VIOLATION OF INTERNATIONAL INTELLECTUAL PROPERTY AND COPYRIGHT LAWS AND MAY SUBJECT YOU TO CIVIL PENALTY AND INJUNCTION.
These terms and conditions constitute a legally binding agreement ("Agreement") between (a) you, the end user, and (b) Winstant, Winstant.com (together "Winstant") and each of its officers, directors, agents, employees, consultants, suppliers, vendors, and affiliated companies (collectively, "Company").
THIS AGREEMENT GOVERNS THE WINSTANT SERVER ("SERVER"), THE WINSTANT CLIENT ("CLIENT") AND ALL INTELLECTUAL PROPERTY CONTAINED WITHIN BOTH SERVER AND CLIENT SOFTWARE PROGRAMS.
The Server software runs from a remote computer owned and operated by Winstant. You ("User") will not have access to the Server software except through the means provided via the operation of the Client software. The Client software will be made available to the user under the terms and conditions outlined in this agreement. The User will identify himself/herself to the software via a unique User ID ("User ID") and unique and secret password ("Password") known only to the User. Winstant warrants that both the Client and the Server are protected by copyright laws, common law and international copyright treaties, as well as other intellectual property laws and treaties.
By checking the "Yes, I Agree to Terms" box, 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 checking the "Yes, I Agree to Terms" box.
To play at Winstant, you will need to first register for an account ("Account") by choosing a unique USER ID and password and entering other information such as your first and last name, address, email address 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 at Winstant, you will be able to access both play money games and real money games, collectively the Winstant games ("Games").
Winstant grants the User the right to run the Client software on any computer for which it was designed. The User may only use the software to connect to the Winstant Servers.
The User may not attempt to modify, decompile, reverse-engineer or disassemble the software in any way.
Winstant expressly disclaims any warranty for the Server software and the Client software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY REPRESENTATION OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
Under no circumstances, including negligence, shall Winstant be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of either the Server or Client software.
The User agrees that he/she is solely responsible for all use of Winstant software through his/her Player ID and Password. The User is obliged to keep his/her Player ID and Password secret and confidential. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be that of the User. The User has the absolute obligation to notify Winstant in writing in case he discovers the unlawful or unauthorised use of his player ID and Password. Any liabilities arising prior to the written notice shall be the sole responsibility of the User. 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 the 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.
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. All players MUST be the legal age of majority in their jurisdiction or at least 18 years of age if no age of majority is specified (whichever is greater). No persons under this age limit are permitted to use the Winstant software or services in any way. Winstant shall NOT be responsible for any false information provided by the user with regard to his age or legal capacity to use the Winstant Software. Residents of the following countries are expressly prohibited:
i. United States of America
ii. Canada
iii. Malta
iv. Turkey
v. Indonesia
vi. Malaysia
vii. Nigeria
To play the Real Money Games, you will be required to deposit bona fide funds into your Account by any of the methods specified at Winstant, 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. For credit card transactions, depending on the particular processor used, transactions will be debited to your account according to the individual timeframe of the issuing bank, but will be processed as soon as possible at Winstant. Minimum and maximum limits apply to deposits depending on your history with Winstant, the method of deposit, and as determined solely by Company. All funds will be paid, tracked and maintained in the Currency selected by the User when creating their real money account, except as otherwise stated, and shall not bear interest.
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 deposit or withdraw such amounts without first complying with the additional terms and conditions set forth in each bonus offering, and if none, then the terms and conditions set forth on the Standard Promotional Offer Terms and Conditions are by way of reference specifically incorporated herein. Further, the Company reserves the right to reclaim any bonus amounts if you do not use them within the period of time specified. Players are reminded to print all transaction data, payment methods and these Terms in order to avoid misconceptions at a later time.
Your account balance ("Account Balance") is the amount of real money deposited to your Account to access the Real Money Games, plus or minus any accrued winnings or losses from playing the Games, less any amounts previously cashed out by you or amounts forfeited or reclaimed by Company. You may request to cashout and withdraw any or all of your Account Balance at any time. All amounts cashed out are subject to the transaction limits and processing fees as set forth at Winstant and may change from time to time in Company's sole discretion. Further, the Company may report and withhold any amount from winnings as required by law, and in any event, all 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 out shall be made by check, wire, credit card and/or any other manner which Company selects in its sole discretion. Requests equal or greater than GBP 1,000 will be required to submit a valid form of identification along with a physical/billing address. Payments will be made as promptly as possible, subject to any reasonable necessary security reviews by Company.
The Company reserves the right to cancel your Winstant account for any reason whatsoever at any time without notice to you. Company reserves the right, in its unfettered discretion, to void any winnings and confiscate any balance in your Winstant account in any of the following circumstances:
i. If you exceed the maximum allowed active accounts at Winstant;
ii. If the name on your Winstant account registration does not match the name on the credit card(s) or other payment accounts used to make purchases at Winstant;
iii. If you provide incorrect or misleading registration information;
iv. If you are not of legal age;
v. If you connect from a jurisdiction where participation in the games is prohibited by law;
vi. If you have not played at Winstant 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.);
vii. If you have "charged back" or denied any of the purchases or deposits that you have made to your Account;
viii. 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;
ix. If you fail to comply with any of the terms and conditions set forth in this Agreement; OR
x. If Company should become aware that you have played at any other online gaming site under any of the circumstances set out at i) to ix) above.
xi. If your Winstant account is linked by IP Address or Computer Mac Address to any Winstant account that failed to comply with ANY articles mentioned above these lines.
Abusive or offensive language will not be tolerated in the WINSTANT Chat box. 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.
If, in Company's sole determination, you are found to have cheated or attempted to defraud the Games, Winstant, 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 email address, as well as to circulate this information to other online gaming sites, banks, credit card companies, and other appropriate agencies. Further, Company may close accounts, and forfeit account balances, that you have at Winstant or at any other Company website.
Commercial use of Winstant software is strictly forbidden. The User is only allowed to wager for his/her personal entertainment. The user agrees that his/her use of the software is in a personal (and not professional) capacity. Before the User participates at Winstant, he/she is responsible to verify the laws on gambling which govern the place where the Client software is used to determine restrictions and act in accordance with those restrictions.
This product includes software developed by Winstant. Copyright (c) 2007. All rights reserved.
THIS SOFTWARE IS PROVIDED BY WINSTANT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL WINSTANT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
You agree to hold Company, its employees, officers, directors, partners, 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 Winstant or participation in the Games.
Without prejudice to any other rights, Winstant may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this agreement at its sole discretion at anytime. In such event, you must destroy all of your copies of the software.
You fully understand and agree to be bound by the terms and conditions contained herein and as modified and/or changed from time to time. Winstant 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 Winstant. 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.
