Terms and Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND/OR WEB APPLICATION (COLLECTIVELY, THE “PLATFORM”). THE PLATFORM IS OWNED AND OPERATED BY www.owncasino.com (the “COMPANY” OR “WE” OR “US” and the “SITE”, RESPECTIVELY). THESE PLATFORM TERMS OF USE (THESE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM. THE PLATFORM IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS OR USE THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE.

1. Terms of Use

You may not do, intentionally or carelessly, any of the following: (i) browse, surf, process, scan or use the Platform or any of the Company’s services provided through it (collectively, the “Services”) via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers); (ii) manipulate the URL of the Platform, or otherwise gain access to any internal pages to which the Company has not provided You with a direct link (including, without limitation, URL hacking); (iii) carry out any action which may infringe the copyrights of the Company or any other copyright holder; and (iv) carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority. The Company reserves the right to bar You from accessing and/or using the Platform and/or any of the Services, and suspend or cancel any action carried out on the Platform, at Company’s sole discretion and for any reason the Company deems fit, including, for example, due to any suspicion regarding violation of these Terms and Conditions or any applicable law or regulation.

2. Use of Company's Services

   1. Description of the Service. The Services is a proprietary technology platform made available to You on a software-as-a-service basis (SaaS), providing software tools, infrastructure, integrations, data interfaces, and other related technological functionalities that enable You to operate Your own online platform, offering or business. The Service may include integrations with Third-Party Integrated Services (as defined below). For the avoidance of doubt, the Service is strictly limited to the technological enablement described above and does not include the operation, provision, management, regulation, supervision or control of any gaming, gambling, betting, promotional, sweepstakes, entertainment or other service or activity offered or operated by You.

   2. License to Use the Service. Subject to Your continuous compliance with these Terms of Use, including all payment obligations (if applicable), the Company hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable right to access and use the Service solely during the term of Your engagement with the Company, and solely for Your internal business purposes. Nothing in these Terms grants You any right to receive or access the Service’s underlying software code (including, without limitation, source code or object code), architecture, algorithms, methods, or technical documentation.

   3. Restrictions on Use. All rights not expressly granted to You are reserved by the Company and its licensors. Without limiting the generality of the foregoing, You shall not, and shall not permit any employee, contractor, agent or third party to: (i) circumvent, disable or otherwise interfere with any security, encryption, authentication or access control mechanism of the Service; (ii) provide access to or use of the Service to any third party (including, without limitation, through time-sharing, service bureau, outsourcing, hosting, or similar arrangements); (iii) assign, resell, lease, rent, sublicense, distribute or otherwise commercially exploit the Service; (iv) reverse engineer, decompile, disassemble, decode, translate or attempt to derive the source code, underlying ideas, algorithms or data structures of the Service; (v) modify, adapt or create derivative works of the Service or any part thereof; (vi) use the Service to develop or operate any product or service that is directly or indirectly competitive with the Company’s business; (vii) use any robot, spider, crawler, scraper or other automated means to access, monitor or copy the Service or any data accessible through it; (viii) impose an unreasonable or disproportionately large load on the Service or the Company’s infrastructure; (ix) interfere with, disrupt or attempt to disrupt the integrity, availability, performance or proper functioning of the Service or any integrated systems; (x) remove, obscure or alter any copyright, trademark or proprietary notices appearing on or within the Service; (xi) use the Service in any unlawful manner, or in violation of any applicable law, regulation, directive, license, permit, or industry standard applicable to You, including without limitation any gaming, gambling, betting, AML/CTF, KYC, sanctions, consumer protection, privacy, tax or data protection law; or (xii) use the Service to upload, store, process or transmit any content that is infringing, harmful, defamatory, obscene, unlawful, or otherwise objectionable, or any malicious code, virus, worm or other harmful component.

3. User Representations and Warranties

Without derogating from any other provision of these Terms of Use, You hereby represent, warrant and covenant that: (i) You have full legal capacity, authority and power to enter into, accept and comply with these Terms of Use and, where applicable, to bind the entity on whose behalf You act; (ii) Your access to and use of the Platform and/or Services complies, and shall at all times comply, with all applicable laws, regulations, directives, guidelines, licensing requirements and industry standards in any jurisdiction applicable to You, including without limitation any obligations relating to consumer protection, advertising, gaming and gambling laws, anti-money laundering, counter-terror financing, sanctions, tax, data protection and privacy; (iii) You have obtained and shall maintain, at Your sole expense, any licenses, approvals, authorizations, registrations, permits or consents required for Your access to and use of the Platform and/or Services, and for the operation of any business, offering or activity conducted by You; (iv) You shall not rely on the Platform, the Services, or any materials or information provided by the Company as a basis for assessing the legality of Your activities, and You acknowledge that the Company does not provide any legal, regulatory, tax or compliance advice; (v) You shall immediately notify the Company upon becoming aware of any actual or suspected breach by You of any applicable law, regulation or third-party right in connection with Your use of the Platform or Services; (vi) You shall indemnify and hold harmless the Company, its affiliates, shareholders, directors, employees, representatives and service providers from and against any claim, demand, liability, loss, damage, cost or expense (including reasonable legal fees) arising out of or relating to any breach of this Section or any violation by You of any applicable law or regulation; and (vii) You shall ensure that Your end-users, customers and players comply with all applicable laws, and You shall be solely responsible for all acts and omissions of such persons.

4. Regulatory Awareness and Compliance

You hereby acknowledge and agree that the operation of online services, including, without limitation, gaming, gambling, betting, promotional, sweepstakes or other interactive services, may be subject to extensive regulation in various jurisdictions. You further acknowledge and agree that: (i) it is Your exclusive responsibility to determine whether Your access to, and/or use of, the Platform and/or the Services is lawful in each jurisdiction in which You operate or in which Your end-users are located; (ii) the Company makes no representation or warranty with respect to, and expressly disclaims any responsibility for, the legality, regulatory suitability, compliance status or permissibility of Your activities; (iii) the Company shall have no liability whatsoever for any investigation, inquiry, notice, action, demand, penalty, enforcement measure or claim made by any governmental, regulatory, judicial or administrative authority in connection with Your activities or use of the Platform or Services; and (iv) the Company may, at its sole discretion and without liability, suspend or restrict Your access to the Platform and/or Services if it reasonably suspects that Your activities are, or may be, non-compliant with any applicable law or regulation, or may expose the Company to any risk, claim or liability. You acknowledge further that the Company does not monitor, review, audit, verify or validate Your activities, Your end-users’ activities, or Your compliance with applicable laws.

5. Consideration

   1. Setup Fee. In consideration for the initial configuration, customization and deployment of a dedicated website and related onboarding services, You shall pay the Company a one-time setup fee , in the amount and in accordance with the payment terms communicated to You by the Company at the time during the onboarding and initial setup process, in the amount of € 10,000 (the “Setup Fee”). The Setup Fee shall be due and payable upon commencement of the onboarding process and shall be non-refundable, except to the extent expressly agreed otherwise in a written instrument executed by the Company.

   2. Revenue Share. Upon completion of the initial setup and activation of the customized website, and as a condition to Your continued access to and use of the Service, You and the Company shall implement a revenue-sharing mechanism (the “Revenue Share”).

      1. The applicable Revenue Share rates shall be as per the following models:

* The Revenue Share shall be paid after the deductions as per Section 5.2.2 below.

2. Unless determined otherwise by the Company, the Company may deduct the from the applicable Gross Game Revenue (GGR) any amounts processed or collected through the Service prior to remitting any balance to You, including, but not limited to, the following fees:

3. Performance Review; Subsequent Commercial Model. Following a period of three (3) months, the Company may conduct an assessment of the performance, viability, commercial potential and operational metrics of the customized website (the “Performance Review”). Based on the outcome of the Performance Review, the Company may, at its sole discretion: (i) elect to discontinue the customized website and suspend the provision of the Service with respect to such website, upon written notice to You, and subject to the provisions of Section 7.2 below; or (ii) offer to transition You to a business-to-business commercial model (the “B2B Model”), pursuant to which the Company may design, deploy or license to You an enhanced or expanded version of the website or platform, subject to the negotiation and execution of a separate written agreement governing the applicable commercial terms.

4. Consideration Under the B2B Model. If You and the Company agree to transition to the B2B Model, You shall pay the Company such fees, minimum commitments, recurring charges, revenue-share percentages or other consideration as may be mutually agreed in a separate written agreement. Unless expressly stated otherwise therein, all such amounts shall be non-refundable and all associated payment obligations shall be non-cancellable.

5. Payment Terms. Unless expressly agreed otherwise in writing: (i) all consideration according the the Revenue Share Models above payable to You by the Company, shall be paid upon invoice or deduction (as applicable); (ii) all amounts paid by You (i.e., Setup Fees, Platform Fees, Game Fees, etc.) shall be non-refundable; and (iii) You shall not be entitled to withhold, offset or deduct any amounts from sums due to the Company. In case the calculation results in a negative balance, You shall be obligated to pay the Company the balance within seven (7) business days.

6. Taxes. Except for taxes imposed on the Company’s net income, You shall be solely responsible for all taxes, duties, levies and similar governmental assessments of any nature (including, without limitation, value-added, sales, use, service, excise and withholding taxes) arising out of or relating to the amounts payable hereunder or to Your use of the Service, whether or not the Company invoices You for such amounts.

6. Intellectual Property

   1. All rights, title and interest in and to the Platform, the Service, and any and all components, content and materials contained therein or provided in connection therewith (collectively, the “Company IP”) are and shall remain the exclusive property of the Company and/or its licensors. The Company IP includes, without limitation: all software and source code, object code, scripts, interfaces, databases, algorithms, data structures, design elements, architecture, graphical elements, interactive features, documentation, text, artwork, audio and visual content, specifications, templates, layouts, compilations, trademarks, service marks, trade names, logos, domain names owned by the Company, and any other proprietary materials, whether registered or unregistered. For the avoidance of doubt, nothing in these Terms of Use shall be construed as granting You any right, title or interest in or to any Company IP, except for the limited, revocable right to access and use the Service in accordance with these Terms of Use. All rights not expressly granted herein are reserved by the Company.

   2. Notwithstanding anything to the contrary herein, the Company expressly acknowledges that any domain name, sub-domain name, brand name, trade name or other website identifier provided, registered, owned or controlled by a specific Registered User for use in connection with the customized website created for such Registered User (collectively, the “User Domain Assets”) shall remain the exclusive property of such Registered User. For the avoidance of doubt, the Company does not claim any ownership rights in the User Domain Assets, and the User shall not acquire, and shall have no claim to, any Company-owned domain names, trademarks, service marks or other Company IP.

Nothing in this Section shall be interpreted to grant You any right in or to any intellectual property of the Company, nor to diminish, restrict or derogate from the Company’s exclusive ownership of the Company IP.

7. Term and Termination

   1. Term. These Terms of Use shall commence on the earlier of: (i) the date on which You first access the Platform; or (ii) the date on which You first create and actually publish your own website or otherwise use the Services, and shall continue in force until terminated in accordance with this Section (the “Term”).

   2. Termination by the Company. The Company may, at its sole discretion, terminate the engagement and/or provision of the Services at any time, by giving thirty (30) days’ prior written notice to You and/or in accordance with the provisions of Section 5.3(i) of this Agreement. In the event of termination, all data and information, including details regarding existing users of any website, shall remain the sole property of the Company. The Company shall be entitled to contact such users and maintain any form of communication with them at its discretion. Prior to termination taking effect, the Company will notify all users holding funds in their accounts, who shall be required to either use or withdraw such funds, all in accordance with the applicable terms and conditions of the website itself. For the avoidance of doubt, your domain name shall remain your exclusive property. The terms and conditions applicable to the domain shall be governed by the policies of the domain registrar through which the domain was registered. It is your sole responsibility to comply with such registrar’s terms, including any requirements regarding renewal or maintenance of the domain.

   3. Without prejudice to any other rights or remedies available to it under these Terms of Use or under applicable law, the Company may, at any time and with immediate effect, suspend or terminate Your access to the Platform, the Services and/or any customized website created for You, in whole or in part, by written notice to You, if: (i) You commit any material breach of these Terms of Use and fail to cure such breach within seven (7) days following receipt of a written notice specifying the breach; (ii) the Company reasonably believes that Your activities, or those of any of Your end-users, customers or players, are or may be unlawful, non-compliant with any applicable law or regulation, or may expose the Company to any actual or potential claim, liability, investigation, penalty or reputational harm; (iii) You fail to pay any amount due to the Company when payable and do not cure such failure within seven (7) days following receipt of a written reminder; (iv) You become insolvent, make an assignment for the benefit of creditors, are subject to any bankruptcy, insolvency, liquidation or similar proceedings, or cease to conduct business in the ordinary course; or (v) the Company elects, in its sole discretion, to discontinue the provision of the Platform and/or the Services, in whole or in part, provided that, where reasonably practicable, the Company shall provide You with prior written notice of such discontinuation. For the avoidance of doubt, any specific rights of the Company to discontinue or suspend a customized website or to transition You to a different commercial model, as set forth in Section 5 above, shall apply in addition to, and not in limitation of, the Company’s rights under this section.

   4. Termination by You. You may terminate Your use of the Services and/or close Your website at any time by providing written notice to the Company in accordance with the contact details made available on the Platform and ceasing all use of the Services. Any such termination shall not relieve You of any obligation to pay any amounts accrued and payable to the Company up to the effective date of termination, nor of any other obligations which, by their nature, are intended to survive termination, including and subject to the provisions of Section 7.2 above.

   5. Suspension. The Company may, instead of terminating these Terms of Use, elect to suspend Your access to the Platform, the Services and/or any customized website, in whole or in part, if the Company reasonably suspects that any of the events described in section ‎7.2 above has occurred or may occur, or if such suspension is, in the Company’s reasonable opinion, necessary to protect the security, integrity or proper functioning of the Platform, the Services or any Third-Party Integrated Services, or to comply with any applicable law, regulation or request of a competent authority. Suspension shall not relieve You of any payment obligations.

   6. Effect of Termination. Upon expiration or termination of these Terms of Use for any reason: (i) all rights granted to You hereunder shall immediately cease, and You shall immediately cease all access to and use of the Platform and the Services; (ii) the Company may disable Your website and any access credentials; (iii) the Company may, but shall not be obligated to, retain any data, logs or information relating to Your website, to the extent and for such period as the Company deems necessary or appropriate for its legitimate business interests or as required by applicable law; (iv) all amounts owed by You to the Company shall become immediately due and payable; and (v) and the Company shall retain any data and/or information subject to the provisions of Section 7.2 above.

The Company shall have no liability to You or to any third party for any termination or suspension effected in accordance with these Terms of Use, or for any deletion, loss or unavailability of any data or content in connection therewith. Any provisions of these Terms of Use which, by their nature, are intended to survive termination or expiration (including, without limitation, provisions relating to intellectual property, disclaimers of warranties, limitations of liability, indemnification, governing law and jurisdiction, and consideration/payment obligations accrued as of termination) shall so survive.

8. Third-Party Content and Integrated Services

The Platform and/or the Service may contain information originating from third parties, links to third-party websites, resources or materials, or integrations with third-party systems, platforms, content providers or service providers (collectively, “Third-Party Integrated Services”). You acknowledge and agree that: (i) the Company does not control, operate or endorse any Third-Party Integrated Services; (ii) the Company makes no representation or warranty regarding, and expressly disclaims any responsibility or liability for, the availability, performance, accuracy, legality, reliability, security or content of any Third-Party Integrated Services; and (iii) access to or use of any Third-Party Integrated Services is at Your sole risk and may be subject to additional terms, conditions and policies of such third parties. Without limiting the foregoing, You acknowledge that certain functionalities of the Service may require interaction with or reliance upon Third-Party Integrated Services. The Company shall have no liability whatsoever arising from or relating to any unavailability, malfunction, change, suspension, termination, content, performance or conduct of any Third-Party Integrated Services, or Your use thereof.

9. DISCLAIMER OF WARRANTIES

   1. THE INFORMATION PROVIDED ON THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY CANNOT GUARANTEE THE SUITABILITY OF THE PLATFORM, THE SERVICES AND/OR ANY INFORMATION PROVIDED AND/OR OFFERED THEREIN, TO YOUR NEEDS. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS WHICH ARE, EXPRESS, IMPLIED, AND STATUTORY WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES REGARDING THE AVAILABILITY OF THE SERVICES, THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE PLATFORM, AND IN ADDITION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY, TITLE AND/OR NON- INFRINGEMENT. IN ADDITION, THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM IS FREE OF INACCURACIES, ERRORS, DEFECTS OR BUGS OF WHATEVER KIND. THE COMPANY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM THE ACCESS AND/OR USE OF THE PLATFORM, INCLUDING, WITHOUT LIMITATION, FOR ANY CONSEQUENCES THAT MAY RESULT FROM TECHNICAL PROBLEMS OF THE INTERNET, SLOW CONNECTIONS, TRAFFIC CONGESTION OR OVERLOAD OF OUR OR OTHER SERVERS, AND/OR FOR ANY DAMAGE CAUSED BY VIRUSES OR SIMILAR CONTAMINATIONS OR DESTRUCTIVE FEATURES TO YOUR COMPUTER, MOBILE OR OTHER DEVICE.

   2. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER WITH RESPECT TO ANY THIRD-PARTY INTEGRATED SERVICES, INCLUDING, WITHOUT LIMITATION, ANY SYSTEMS, CONTENT, DATA, RESOURCES, GAME PROVIDERS, PAYMENT PROVIDERS OR OTHER EXTERNAL SERVICES THAT MAY BE ACCESSED OR UTILIZED THROUGH, OR IN CONNECTION WITH, THE PLATFORM OR THE SERVICES. THE COMPANY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATING TO THE AVAILABILITY, PERFORMANCE, ACCURACY, LEGALITY, SECURITY OR OPERATION OF ANY THIRD-PARTY INTEGRATED SERVICES.

   3. THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL GENERATE ANY RESULTS, REVENUE, TRAFFIC, CUSTOMER ACTIVITY, BUSINESS PERFORMANCE, COMPLIANCE OUTCOME OR OTHER COMMERCIAL BENEFIT. ANY DECISIONS OR ACTIONS TAKEN BY YOU BASED ON THE PLATFORM OR THE SERVICES ARE AT YOUR SOLE RISK.

   4. WITHOUT LIMITING ANY OTHER DISCLAIMER SET FORTH HEREIN, THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE PLATFORM, THE SERVICES OR ANY OUTPUT, INFORMATION OR FUNCTIONALITY PROVIDED THEREUNDER ARE SUITABLE OR PERMISSIBLE FOR USE IN ANY PARTICULAR JURISDICTION, OR THAT YOUR USE OF THE PLATFORM OR THE SERVICES WILL COMPLY WITH ANY APPLICABLE LAW, REGULATION, LICENSING REQUIREMENT OR INDUSTRY STANDARD.

10. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO (I) THE PLATFORM, (II) THE SERVICES, (III) ANY CUSTOMIZED WEBSITE CREATED FOR YOU, (IV) ANY THIRD-PARTY INTEGRATED SERVICES, OR (V) YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON ANY OF THE FOREGOING, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR (A) ANY REGULATORY, LICENSING, COMPLIANCE OR LEGAL OBLIGATIONS APPLICABLE TO YOU OR ARISING FROM YOUR ACTIVITIES; (B) ANY ACTION OR OMISSION OF ANY PAYMENT PROVIDER, CONTENT PROVIDER, GAME PROVIDER OR ANY OTHER THIRD PARTY; (C) ANY FAILURE, DELAY, OUTAGE OR INTERRUPTION OF THE INTERNET, NETWORKS, SYSTEMS OR COMMUNICATIONS; OR (D) ANY LOSS, DISCLOSURE OR CORRUPTION OF DATA.

11. Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, and each of their respective officers, directors, shareholders, employees, agents, contractors and representatives (each, an “Indemnified Party”) from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, fines, penalties, costs and expenses (including reasonable attorneys’ fees and court costs) (collectively, “Claims”) arising out of or relating to: (i) Your access to or use of the Platform, the Services, any customized website created for You, or any Third-Party Integrated Services; (ii) any breach by You of these Terms of Use or of any representation, warranty or covenant made by You herein; (iii) any violation by You of any applicable law, regulation, license, permit, standard or governmental requirement, including without limitation any gaming, gambling, betting, sweepstakes, AML/CTF, sanctions, advertising, consumer protection, tax or data protection laws; (iv) any content, data, materials or information uploaded, stored, processed or transmitted by You or on Your behalf through the Services; (v) any business, commercial or operational activity conducted by You or through any website, platform or service created, operated or managed by You using the Services; (vi) any actual or alleged action or omission of Your end-users, customers, players or other third parties interacting with or through any such website or service; (vii) any failure by You to pay any fees, taxes, duties or other amounts due in connection with Your use of the Services; and (viii) any third-party claim alleging that Your domain name, trade name, branding or content infringes, misappropriates or violates any intellectual property, privacy or other proprietary right. An Indemnified Party shall not be required to seek recovery from any third party or otherwise mitigate its losses prior to seeking indemnification hereunder. The Company shall have the right, but not the obligation, to participate in the defense of any Claim, including through counsel of its choosing. You shall not settle any Claim without the prior written consent of the Company if such settlement (a) imposes any obligation, admission of liability or restriction on any Indemnified Party, (b) affects the Company’s ability to provide the Services, or (c) does not include a full and unconditional release of the Indemnified Parties from all liability relating to such Claim.

12. Confidentiality.

Each party (“Receiving Party”) shall keep confidential and shall not disclose or use any non-public, confidential or proprietary information of the other party (“Disclosing Party”), including without limitation business, technical, financial, operational or personal data, software, algorithms, designs, processes, customer or supplier information, pricing, third-party confidential information, the Platform, the Services (including their features and functionality), the Company IP, usage data, Feedback, and any commercial terms (collectively, “Confidential Information”), except as required to exercise its rights or perform its obligations under these Terms of Use. The Receiving Party shall protect the Disclosing Party’s Confidential Information with at least the same degree of care it uses to protect its own confidential information, but no less than a reasonable degree of care, and shall limit access to those employees, agents and contractors who have a legitimate need to know and are bound by written confidentiality obligations no less protective than this Section, for whose acts and omissions the Receiving Party shall remain responsible. Confidential Information shall not include information that the Receiving Party can demonstrate (i) is or becomes publicly available without breach of this Section, (ii) was already lawfully known to it without restriction, (iii) is rightfully obtained from a third party without confidentiality obligations, or (iv) is independently developed without use of or reference to the Confidential Information. If the Receiving Party is required by law, regulation or court order to disclose Confidential Information, it may do so provided that, to the extent legally permitted, it gives the Disclosing Party prompt notice and discloses only the required portion. Each party shall promptly notify the other of any unauthorized use or disclosure and shall cooperate in mitigating any resulting harm. The parties acknowledge that unauthorized disclosure may cause irreparable harm, entitling the Disclosing Party to seek injunctive relief in addition to any other remedies. The obligations under this Section shall survive for the Term and for five (5) years thereafter, except that Confidential Information that constitutes a trade secret or personal data protected by law shall remain confidential for so long as such information remains protected under applicable law.

13. Feedback

You agree and acknowledge that in sending suggestions or comments regarding the Platform and/or the Services (“Feedback”), You waive any and all rights to the Feedback and shall have no claim regarding implementation of the Feedback or lack thereof, transfer of the Feedback to a third party, or regarding lack of any attribution, acknowledgement, credit, remuneration or compensation with respect to any implementation of the Feedback. The Company will exclusively own any rights to Feedback which, at its sole discretion, it has chosen to adopt. All Feedback shall be deemed Company IP.

14. Privacy

The terms of the privacy policy (located at Privacy Policy) (the “Privacy Policy”) constitute an inseparable part of these Terms of Use – by expressing Your consent to these Terms of Use You hereby agree to the terms of the Privacy Policy.

15. Governing Law and Dispute Resolution

These Terms of Use shall be governed by and shall be construed in accordance with the laws of the United Arab Emirates, excluding its choice of law rules. All disputes relating to these Terms of Use shall be settled in the courts located within Dubai, United Arab Emirates.

16. General Provisions.

These Terms of Use shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign or transfer any of Your rights or obligations under these Terms of Use, whether by operation of law or otherwise, without the prior written consent of the Company; any attempted assignment in violation of the foregoing shall be null and void. The Company may assign or transfer its rights and obligations under these Terms of Use freely and without restriction. You acknowledge that any breach or threatened breach of these Terms of Use may cause the Company irreparable harm for which monetary damages would be an inadequate remedy, and the Company shall be entitled to seek injunctive relief (in addition to any other remedies available at law or in equity) without the requirement to post a bond or prove actual damages. The Company shall not be liable for any delay, failure or interruption in performance resulting from any event or circumstance beyond its reasonable control, including without limitation acts of God, natural disasters, epidemics, pandemics, governmental actions, war, terrorism, labor disputes, system failures, power outages, network interruptions, or failure of third-party services (“Force Majeure”). These Terms of Use, together with any policies incorporated herein by reference, constitute the entire agreement between You and the Company regarding the subject matter hereof and supersede all prior or contemporaneous understandings or agreements, whether written or oral. No amendment or modification of these Terms of Use shall be binding unless in writing and executed by the Company. No failure or delay by the Company in exercising any right or remedy hereunder shall operate as a waiver thereof. If any provision of these Terms of Use is held invalid or unenforceable in any jurisdiction, such provision shall be enforced to the maximum extent permitted by law and the remaining provisions shall remain in full force and effect. Nothing in these Terms of Use shall be construed to create any partnership, joint venture, agency, fiduciary or employment relationship between the parties. These Terms of Use may be executed or accepted in electronic form, and any such execution or acceptance shall have the same legal effect as delivery of an original signed copy.

17. Change of Terms of Use

The Company may change these Terms of Use at any time by posting the revised version to the Platform, which shall be effective upon such posting. Your continued use of the Platform shall be considered your acceptance of the revised Terms of Use. If you have any questions or concerns regarding these Terms of Use, please send us a detailed message to support@owncasino.com.