Terms and Conditions
END USER LICENCE AGREEMENT (“EULA”) FOR INSUREDPLAY: IMPORTANT - PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING WITH THE INSTALLATION PROCESS AS YOUR AGREEMENT TO THEM CONSTITUTES A LEGALLY BINDING AGREEMENT.
This EULA is between “You” and Fortuna Online B.V., a company registered in Curacao. Fortuna Online B.V. is defined as “InsuredPlay” 'We', 'Us' or 'Our' as appropriate. InsuredPlay is licensed and regulated by the Curacao e-Gaming Licensing Authority under the National Ordinance Offshore Games of Hazard (Official Gazette 1993, No63) for purposes of operating an online gaming licence.
Before You download the InsuredPlay Software (“Software”, hereinafter includes any downloadable desktop application or system component from the InsuredPlay website www.insuredplay.com) from Our website, We will ask You to give your express agreement to the Terms and Conditions of this EULA. By agreeing to this EULA You acknowledge that You are entering into a legally binding Agreement with InsuredPlay.
1. Grant of Licence Conditions
1.1 To use InsuredPlay Software, You will first need to register with Us.
1.2 We are required to verify the identity of Our players and therefore reserve the right to request satisfactory proof of identity (including but not limited to copies of a valid passport/identity card and/or any payment cards used) and satisfactory proof of address (including but not limited to a recent bank statement or utility bill) at any time. Failure to supply such documentation may result in suspension of InsuredPlay services.
1.3 Subject to satisfactory completion of Our registration process and the Terms and Conditions of this EULA, InsuredPlay grants to You a non-exclusive, non-transferable, limited licence to use one copy of the Software.
1.4 You shall not distribute, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the Software. The granting of this EULA shall not give any express or implied rights to decompile, reverse engineer or otherwise disassemble any part of the Software.
1.5 You shall immediately notify InsuredPlay of any unauthorised use or disclosure of, or of any unauthorised access to, or of any theft or loss of any copies of the Software or other Proprietary Information (as defined in provision 5.2) which You suspect or which comes to your attention.
1.6 Except for the rights and licence granted under this EULA, nothing contained in this Agreement shall be construed to grant to You any right, title or interest in or to the Software. InsuredPlay expressly reserves all right, title and interest in and to the Software which are not specifically granted to You under this EULA.
1.7 InsuredPlay grants You the right to install a copy of the Software on your computer running a validly licensed copy of the operating system for which the Software was designed (e.g., Windows 95, Windows NT, Windows 98, Windows 2000, Windows 2003, Windows XP, Windows ME, Windows Vista, or any Mac OS version).
1.8 It is entirely at InsuredPlay’s discretion which Poker Sites shall be supported by Our Software and You acknowledge that the list of Poker Sites displayed on Our website may be changed from time to time with or without notice from Us.
1.9 The Software must not be used in any manner prohibited by any applicable laws or regulations in any jurisdiction.
2. Rights and Limitations
2.1 Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the InsuredPlay Software.
You may not distribute copies of the InsuredPlay Software to third parties.
2.3 Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You must not interfere in any way with InsuredPlay’s Software. This prohibition is absolute and includes, but may not be limited to, reverse engineer, decompilation or disassemble of the Software.
2.4 Player Assistance Software
Under no circumstances is Player Assistance Software permitted for use with InsuredPlay’s Software or that of the Poker hosting site. If You are found to have used any form of software to gain unfair advantage your InsuredPlay account will be terminated and all Our legal rights are reserved.
You may not rent, lease or lend InsuredPlay’s Software to any third party.
2.6 Support Services.
InsuredPlay may provide You with support services related to the Software ("Support Services"). Any supplemental Software code provided to You as part of the Support Services shall be considered part of InsuredPlay’s Software and subject to the Terms and Conditions of this EULA.
2.7 Supported Poker Sites
InsuredPlay is a separate legal and business entity to the Poker Sites We support. InsuredPlay disclaims any and all responsibility for all acts and omissions made by any supported Poker Site and You acknowledge and agree that any failures in the operation of the Poker Sites is beyond the control of InsuredPlay.
As a regulated business, InsuredPlay is committed to fair play. Whilst rare, should an error occur in any calculations with respect to any stake You have placed or with any deposited currency conversion We will seek to put all parties into the position they would have been in but for the occurrence of the error. In rectifying any error it may be necessary to declare an stake null and void. If the error results in You being unfairly enriched, We reserve the right to reduce your account balance by the amount paid in error or if funds are withdrawn to make demand of You to immediately reimburse InsuredPlay.
2.9 InsuredPlay shall not be responsible or liable for any technical failure, loss or corruption of data whilst using InsuredPlay Software, including but not limited to network failure, system or server crashes, power outages or damage caused by viruses, worms, logic bombs or other malicious malware or disruption to or by any supported Poker Site,
2.10 It is a condition of using InsuredPlay Software that You must open an account with Us. You agree that it is a condition precedent that You will only maintain one account with Us for this purpose and You agree and acknowledge that any and all offers or promotions are limited to one per individual. We reserve the right, at Our absolute discretion, to prevent You from receiving future offers or promotions, or to place any restrictions on your account for breach of this condition.
2.11 Compliance with Applicable Laws.
a) You may only use the InsuredPlay Software if You are 18 years of age or over and/or it is legal for You to do so according to the laws that apply in your jurisdiction. In addition to the rights reserved at 1.2 above, We may require additional proof of age from You and your ability to access and use InsuredPlay may be suspended until satisfactory proof of age is provided.
b) Without limitation to the above, access to InsuredPlay Software may be restricted in certain jurisdictions. By using InsuredPlay’s Software You agree to comply with all applicable laws regarding its use and any use of it is at your sole option, discretion and risk.
c) InsuredPlay does not permit the use of its Software if You are a resident of the United States of America, Turkey, Israel or Curacao (Netherlands Antilles).
3. Breach and Indemnity
3.1 The provisions of this EULA are necessary for the protection of InsuredPlay’s business and goodwill and are considered to be reasonable for such purposes. You agree that any breach of this EULA may cause InsuredPlay substantial and irreparable damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, InsuredPlay shall have the right to seek specific performance and other injunctive and equitable relief.
3.2 You agree to indemnity and hold harmless InsuredPlay from any and all claims, demands, liabilities, damages, costs and expenses (including all reasonable legal costs) which are incurred as a result of You:
3.2.1 breaching the Terms and Conditions of this EULA; and
3.2.2 breaching any law or regulation in any jurisdiction.
4.1 Without prejudice to any other rights, InsuredPlay may terminate this EULA if You fail to comply with the Terms and Conditions of this EULA. In such event, You must delete/destroy any copies of the Software in your possession.
5. Intellectual Property Rights
5.1 The Software provided by InsuredPlay and any copies made by You, including all intellectual property rights including all patents, inventions, copyrights, database rights, design rights (whether registered or not), trade marks, trade names, logos, trade secrets, know how and all rights to sue for passing off or unfair competition and all applications for the same and all rights of similar nature existing anywhere in the world (“Intellectual Property Rights”) therein, are and shall remain the exclusive property of InsuredPlay.
5.2 You acknowledge that the Software, the related Intellectual Property Rights including its object and source code and related proprietary information embodied in or related to them (“Proprietary Information”), contain valuable trade secrets of InsuredPlay and are also protected by the copyright and patent laws of various countries. You agree that in accessing Our Software You will keep the Proprietary Information in strict confidence and will not copy, reproduce or duplicate the Proprietary Information or any portion thereof in any form or medium, except as provided in this Agreement.
5.3 All rights not expressly granted are reserved by InsuredPlay.
5.4 InsuredPlay shall be at liberty to advertise, promote and generate goodwill in InsuredPlay’s services through any media deemed fit.
6. Payment Service Providers
6.1 Once You have registered with Us to use InsuredPlay You will be required to deposit funds with Us through a third party payment processor or bank credit transfer. In agreeing to these Terms and Conditions You also expressly agree to Us providing any personal information necessary to process the transaction, including where necessary passing information outside of your country of residence.
7. Security Reviews
7.1 InsuredPlay is committed to adherence to all gaming supervision requirements, including principles of player protection. By agreeing to Our Terms and Conditions You expressly authorise Us to disclose your personal information to any appropriate third party agency for the purposes of validating the information You have provided to Us. In addition, You also agree to provide Us with any additional information and/or documentation as We may reasonably request.
8.1 This EULA may not be assigned by You without the prior written approval of InsuredPlay. InsuredPlay may assign all rights and benefits without your consent to any parent company or subsidiary, or new company created through a merger or by a new owner acquiring InsuredPlay.
9. No Warranties
9.1 InsuredPlay expressly disclaims any warranty for the Software. The Software is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. InsuredPlay does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. InsuredPlay makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. InsuredPlay further expressly disclaims any warranty or representation to authorised users or to any third party.
10. Limitation of Liability
10.1 In no event shall InsuredPlay be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of authorised use of or inability to use the Software, even if InsuredPlay has been advised of the possibility of such damages. In no event will InsuredPlay be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. InsuredPlay shall have no liability with respect to the content of the Software or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
10.2 To the extent permitted by the law, the Software is supplied As Is, including any faults. To the maximum extent permitted by the law, InsuredPlay excludes all warranties conditions or other terms that may be implied into this EULA whether by law, statute or otherwise. Insured Play gives no condition, warranty or other term whatsoever, either express or implied including, without limitation, any condition, warranty or other term as to the condition of any code, or as to merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or use of reasonable care and skill. To the extent permitted under applicable law, InsuredPlay shall not be liable in contract, tort or otherwise for any loss or damage, howsoever arising in connection with the Software or this EULA. InsuredPlay shall not be liable for any indirect, special, or consequential damages, or loss of profit, whether such damages or losses are known, foreseen, foreseeable or unforeseen. Nothing in this Agreement shall limit InsuredPlay’s liability for negligently caused death or personal injury or fraud.
11. Force Majeure
11.1 InsuredPlay shall not be liable for any failure that is as a result of an Act of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity, internet or telephone service.
12. Entire Agreement
13.1 This EULA is made in the English language. If there is any conflict in the meaning between the English language version of this Agreement and any version or translation of it in any other language, the English language version shall prevail.
14.1Each provision of this EULA is severable, one from the other, and if any one provision is found to be unenforceable for any reason by any competent court the remaining provisions shall be and remain in full force and effect.
15. Alteration of Our Website and Content
15.1 InsuredPlay may, in Our absolute discretion, alter or amend any product offered on Our Website at any time for the purpose of maintaining the Website.
15.2 InsuredPlay may amend in its absolute discretion the Terms and Conditions of this EULA from time to time. All amendments will be notified to You through Our website.
16. Governing law
16.1 The Agreement shall be governed by and construed and interpreted in accordance with Curacao Law and the Parties submit to the non-exclusive jurisdiction of the Curacao Courts.
You accept to be bound by the Terms and Conditions of this EULA by clicking on 'I Agree' and/or by using InsuredPlay’s Software.