Terms and Conditions for registration to the webpages of CASUALINO JSC, participation in the games and use of the services offered within them.§ I. Preamble
- These Terms and Conditions constitute the "general conditions" as per art. 298 of the Commercial Act.
- By registering to the webpages and applications of Casualino JSC users declare that they are aware, understand, and accept in full any and all of the following provisions of these Terms and Conditions. "Users" within the meaning of these Terms and Conditions are all individuals entitled to registration under the terms of Section II below.
- The webpage www.vipbaloot.com as well as the VIP Baloot applications are owned by Casualino JSC, a joint-stock company incorporated and existing under the laws of Bulgaria, registered with the Commercial Register at the Registry Agency with UIC 202985794 (hereinafter referred to as Administrator), with address for correspondence 1407 Sofia, bul. James Boucher 76A.
- These current General Terms and Conditions have been drawn up by the Administrator and may be amended and/or supplemented only (a) by mutual consent of the user and Administrator expressed in written form, or (b) unilaterally by the Administrator. In the first case (a) the amendment has the force and effect only in relations between the Administrator and the specific user and does not apply to other users. In the second case (b) the amendment enters into force for all registered users after seven (7) days of publication of the amendment on www.vipbaloot.com (called Casualino’s page hereinafter) as well as the VIP Baloot applications.
- Bulgarian law applies to these current Terms and Conditions.
- All claims relating to the use of the pages of Casualino JSC and/or arising between the users upon and/or in connection with these Terms and Conditions, including disputes arising from or concerning their interpretation, invalidity, performance or termination of the relationship between the User and the Administrator, as well as discussions regarding filling gaps in the General Conditions or their adaptation to new circumstances shall be resolved by the Arbitration Court of the Bulgarian Chamber of Commerce, city of Sofia, in accordance with its Rules of cases based on arbitration agreements.
- The following individuals have the right to register to the webpages of Casualino JSC:
- (i) individuals who are at least 18 years of age (or respectively – are of legal age under the laws of their country of residence, from which they access the pages of CasualinomJSC), and only on condition that these individuals are not placed under guardianship and/or whosecapability is not limited in any other way;
- Upon successful registration to the pages of Casualino JSC each user receives an account. "Account" within the meaning of the preceding sentence is the aggregate of data that the user provides for registration by which they are uniquely identified within the system of the pages of Casualino JSC, including all acquired virtual items upon and/or in connection with the participation of users in games offered within the pages of Casualino JSC.
- Every user may hold only one account. It is considered that the owner of the account is the owner and/or holder of the e-mail used for the registration of the user. Any possible written and/or oral agreements to the contrary have no binding effect to the team supporting the pages of Casualino JSC.
- Access to each account is carried out exclusively using the correct combination of (a) user name (selected from each user in the registration process and must meet at least the following conditions: can include only digits, underscores and letters and must have a minimum length of at least 3 (three) characters and a maximum length of not more than twelve (12) characters and is not identical with the username of an already registered user) and (b) access password (created upon registration personally by each user and must meet at least the following conditions: minimum password length: 6 (six) characters and a maximum length of 20 (twenty) characters). After the successful initial registration each user can change the access password for their preferences, but in all cases - taking into account the above mandatory requirements.
- Each user undertakes not to disclose their password to any third party and is responsible to create all necessary conditions for the application of high standards of information security so that third parties do not have unauthorized access to their password or to the pages of Casualino JSC, using their account. To avoid misunderstandings the support team of the pages of Casualino JSC undertake no liability associated with improper access to your account by anyone other than you and without your express consent, and/or as a result of such unauthorized access your account it is significantly altered, deleted or removed in any other way, or if the accumulated profits be used by a person without a right of access for purposes other than yours.
- Also, the Administrator is not responsible if a third party learns user’s username and/or password and uses it to
get information, change or delete the profile of that user. In addition, the administrator is not
responsible to the consumer in respect of direct, indirect, incidental damages including, but not limited
to, damages by loss of profits, goodwill, loss of data or other losses as a result of:
- (i) use or the inability to use pages of Casualino JSC;
- (ii) statements or actions of any third parties in connection with the services on the pages of Casualino JSC;
- (iii) any other issues related to the services offered on Casualino JSC’s pages;
- All games and services offered on the webpage, including its appearance, design, source codes, methods of construction and operation are protected by and subject to copyright and related rights and are exclusive property of Casualino JSC. Users can copy parts of the content solely for their personal use only as far so that they do not violate any copyright protected brands and trademarks featured on the pages of Casualino JSC. Saving of parts of the pages without prior written consent of the Administrator, regardless of the form in which it is carried out, is forbidden.
- All trademarks, logos and characters featured on the site are either property of Casualino JSC or used with the express consent of the owners of these trademarks, logos and signs. It is forbidden for users to perform any action that may lead to violation of intellectual property rights related to these trademarks, logos and signs. In particular, in order to avoid misunderstandings, it is expressly stated that the provision of an opportunity to use the page and its contents by users does not constitute any authorization or license to use the trademarks, logos and signs posted on it.
- Any attempts by users to modify the content of the pages of Casualino JSC are strictly prohibited, such as adding content which is not necessary for registration purposes and has not been approved in advance by the Administrator and/or changing the rules for participation in games, including by offering bets which are not minor within the meaning of the Gambling Act and respectively any acts or omissions to act by users that may result in any change to the non-gambling nature of the games offered on the pages of Casualino JSC.
- The webpages of Casualino JSC may contain links to other webpages and other websites may contain links to the webpages of Casualino JSC. These other websites are not under the control of the Administrator and the team supporting the webpages of Casualino JSC, so the Administrator does not bear any responsibility for the security of operation and protection of personal data offered by such other sites. Visiting these pages by links on the pages of Casualino JSC shall be entirely at the responsibility and risk of each individual user.
- The games offered for use on the webpages of Casualino JSC, are not considered 'gambling' under the Gambling Act. All games available for use on the pages of Casualino JSC serve as recreation and entertainment, a demonstration of dexterity and skills or are with cognitive purpose.
- In order to take part in any of the games on the page of Casualino JSC, as well as receive any of the special functionalities, the registered users are to use chips. The chips are a virtual currency and do not have their own value in any other currency. They do not constitute a means of payment under the applicable law, but only virtual monetary equivalent that pays for the use of the services on the page by each user. The chips associated with each user’s account do not bear interest, regardless of the period within which they have not been used by the user.
- If a player wishes to enter a tournament or a game, he must buy the appropriate amount of chips.
- Chips can be purchased through the provided payment systems through the form for buying chips included in the games. The variety of payment methods depends on the selected country and platform.
- Exact details of payments are posted on the pages of Casualino JSC and may be amended from time to time unilaterally by the Administrator. Any such amendment enters into force and become binding on the users immediately.
- The Administrator shall not be liable if due to incorrect money transfer data entry, any payments made by a user is not validated to the accounts of the Administrator and consequently the user account of this person is not credited with the appropriate amount of chips. Due to the fact that payments are made through payment systems, which are outside the control of the Administrator, it is possible that there is a period of time from the momentof payment by the user until the receipt of the corresponding amount by the Administrator respectively the subsequent credit of the user account with the respective amount of virtual currency (chips), the duration of which can not be foreseen. In connection with this the Administrator can not be held liable for any delays within the meaning of the preceding sentence, although in the period between the time of payment and the moment of crediting the account of the user with the appropriate amount of chips, the user will not be able to use that amount of chips.
- The amounts paid are not recoverable in cash to users. If a user is being sanctioned due to a game and/or behavior, and/or practices inconsistent with these Terms and Conditions, the Administrator is not obliged to transfer chips from the sanctioned user's account to a new account, or to somehow compensate the owner of the account and/or chips associated with that account.
- The Administrator has the right, at his discretion, not to offer any more functions which allow the players to create content. This also includes the right to remove the chat function in the lobby.
- It is possible that a prize fund is formed when launching competitions and/or tournaments in any of the offered games. The prize fund is formed by the chips that each user has provided for participation in the tournament. The prize pool is split among the several first ranked users, according to the details as set out in the rules for the launch of that specific tournament. Only registered users are entitled to participate in tournaments’ registration under these Terms and Conditions.
- Upon participation in games and tournaments offered by the webpages of Casualino JSC, in principle there are no cash prizes. Distribution of merchandise is possible only in exceptional cases if it is provided by a sponsor for the purposes of that particular tournament or game. Possible profits from user’s participation in respective tournament, contest or game is a corresponding portion of chips from the prize pool - under the terms of that specific tournament, contest or game, eventually - merchandise prizes provided exclusively by a Sponsor and/or virtual goods - facilitation of participation of users in specific games offered on the pages of Casualino JSC.
- Chips won by a user can not be cashed and/or redeemed by the Administrator and/or sold to other users and third parties. Any such agreement between consumers and/or third parties will not be binding to the Administrator. The amount of chips owned by a user does not constitute a due amount towards the pages of Casualino JSC.
- Relations between the Sponsors of the pages and the team supporting the pages of Casualino JSC which are established upon replacing users’ chips against merchandise and other rewards are not subject to these Terms and conditions and are negotiated directly between the sponsor and the team the webpages of Casualino JSC.
- In the event of an account termination, regardless of the reasons, and in cases where users have purchased a number of chips, but have not used them, the user is not entitled to claim refund of any amounts already paid. Chips already purchased can be transferred from one user to another, respectively - from one account to another - only with prior written consent of the Administrator. User’s request to the Administrator for such transfer does not create any obligation whatsoever for the latter to carry out all or part of the requested transfer.
Multiaccounting means registering of more than one account by one user. Multiaccounting is prohibited and subject to sanction by blocking and deletion of all registered user accounts without any notification. All accumulated chips and virtual items will be withdrawn from the user, without any due compensation. Penalties for violation of this rule apply no matter if the accounts are used effectively by the user who registered them or not. Entering the game by a single user simultaneously through the pages of Casualino JSC and through our partners’ sites is prohibited. For the purposes of the preceding sentence "partner" are all the sites that link to content.
- Entering with other user’s account (account sitting)
Upon exchange or transfer of accounts from one user to another (regardless of the reason for the exchange/granting) the new owner is obliged to change the username of the account they receive. It is desirable to change the email with which the account is registered as well. If a user takes a new account, he/she is obliged to find the owner of his/hers old account and notify the page’s team and the Administrator of this in writing. Each entry in the old account after accepting a new one is considered multiaccounting and is punishable according to these rules. Users who participate in such an exchange/account granting are themselves responsible for the ensuing actions, misunderstandings and problems, and our team is not committed to resolving them or taking administrative opinion on the matter.
- Bugs and breaches
- A "bug" is considered to be a weakness or an honest mistake in the product code, which allows the user to benefit from the game in a manner which is not allowed, or an activity and/or which prevents the server, team and/or software to carry out the set and anticipated tasks.
- If a user finds a bug in the game, they must immediately cease use of this bug, not disclose its existence and immediately notify the Administrator about it, pointing out the bug in question and its possible negative effects.
- For the use and non-report of a bug, the user shall be punished by deletion of the account and revocation of all available at the time chips and virtual benefits.
- For direct entry into other user’s account without the knowledge of the owner (i.e. hacking) or indirect interference with the game of another user/foreign account and any malicious action against another person, the offender shall be sanctioned by deletion of the account and revocation of all available at that time chips and virtual benefits.
- Upon a deliberate attempt to circumvent the system with the intention to impede the work of the servers, as well as an attempt to manipulate the codes of the game, the breaching party shall be sanctioned by deletion of the account.
- Scripts and bots
Bots are automated scripts in any form, simulating activity in an account (not including the automated scripts of the game). The use of any bots and scripts is strictly prohibited and shall be punished by deletion of the account and revocation of all available at that time the chips and virtual benefits.
- Stricktly prohibited are all and any forms of blackmail, insults, threats and/or discriminatory statements, which are made by and/or to users and/or Administrators or team members of the pages of Casualino JSC, as well as publishing and spreading of content , which is offensive, offending good manners, unworthy, pornographic, violent, inappropriate, provoking towards hate and intolerance, aggressive or in other way breaking the law and/or the protected rights and legal interests of other individuals, disturbing of other users with the introduction of meaningless combinations of symbols, making deals and playing in a team with other players and forcing of partners to certain actions, making deals with other players using chat systems, offered by third parties, purposeful blocking of games and communication processes of any sort, influencing the end of the game with deals, program interventions and other illegal means.
- Strictly prohibited is any violent behavior towards another user intending to delete their account or placing ultimatums to add account sitters, participation in games with more than one account, sharing a password or incitement to violation of the Terms and Conditions of the pages of Casualino JSC.
- Users may not advertise on the pages of Casualino JSC, whether it takes the form of use of avatars and/or other images of advertising nature, or the exchange of messages between users whether carried out with the consent of the advertiser (owner of the advertised brand) or not.
- Any violation of the prohibitions as per this section of the Terms and Conditions found by the Administrator shall be sanctioned by deletion of the user's account, and withdrawal of all available at that time chips and virtual items associated with the account. In addition, the Administrator is entitled to receive compensation from the breaching party for any other damages suffered as a result of the infringement (including all eventually imposed fines and penalties by the competent Bulgarian authorities).
- The Administrator of the webpages of Casualino JSC can not give a guarantee that the services offered on the
pages of Casualino JSC, will at all times:
- meet the requirements and subjective expectations of each individual user for the content on the pages of Casualino JSCand the services offered there;
- be uninterrupted, timely, reliable and secure and will operate 24 hours a day, 7 days a week without being allowed technical and human errors;
- provide at any time correct and reliable results.
- The registration of a user to the pages of Casualino JSC does not guarantee any special treatment by the Administrator. Users expressly agree that the Administrator does not control and is not obliged to exercise such control over (a) which users access the page; (b) the content that each individual user had access for; (c) how users interpret and comprehend the contents of the page accessed and/or (d) what actions or omissions to take actions may each user undertake as a result of his/hers access to the page and its contents. Therefore the Administrator can not be held responsible for any adverse consequences which might affect one and/or more users as a result of access to the page and use of the services offered thereon.
- Services, content, website and software of all kinds are offered to users in the form in which they are available at the time, without taking any warranties - whether explicitly, or by implication - on their suitability for use, functional fitness to the objectives of each individual user.
- The Administrator restricts to the full extent permitted by applicable law, liability for the accuracy, reliability, accessibility, universality, legality or operability of materials and/or services offered on the pages of Casualino JSC. Using the page each user understands and accepts that the Administrator is not responsible for any damages due to (a) use of the page; (b) downloaded information contained on the page; (c) unauthorized use of images, information or data by upload and/or download from the page by other users; (d) temporary or permanent inability to access page’s content because of, including but not limited to, viruses, Trojan horses or other similar parasitic programs of destructive nature.
- By accessing it, users of the pages may have access to other websites. These other websites are not under the control of the Administrator and/or the pages of Casualino JSC . Unless explicitly stated otherwise, nor the Administrator or members of team supporting the pages of Casualino JSC warrant and declare any facts and circumstances in relation to other websites, including in terms of information security and its character.
- If any provision of these Terms and Conditions be declared invalid or unenforceable by a competent court, arbitration or other competent authority, other provisions of the Terms and Conditions, as well as rights and obligations of the Parties based on these other provisions retain their effect. Invalid or unenforceable provision shall be deemed unwritten in these current Terms and Conditions and should be replaced by the parties in good faith with actual applicable and mutually acceptable rules whose effect achieves as close of an economic performance to that of the invalid or unenforceable provision.
- The failure or delay of the Administrator to exercise their rights, right in default, judgment, agreement or other right under these Terms and Conditions shall not constitute a waiver of, or prejudice, the same or any of their other rights. Single or partial exercise of any such right shall not restrict a future full exercise and does not constitute a waiver of any other right under these Terms and Conditions. All waivers or consents of the Administrator granted in these Terms and Conditions must be in writing.
- These Terms and Conditions shall take effect and bind the parties thereto and their successors. Notwithstanding the preceding sentence, neither party will be entitled to transfer any part of its obligations under these Terms and Conditions without the prior written consent of the other party. This provision can not be interpreted and applied in a way that limits the ability of the Administrator to transfer their own rights and obligations to a related party, if necessary, or is prompted by reasons of convenience.
The terms and conditions are created on 29.04.2015 and updated on 01.04.2016