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1.      These terms and conditions constitute a legally binding agreement between Enliven Gaming N.V. ("Enliven") and you, the user of the Red Lounge Casino (the "Casino") made available by Enliven. By creating an account with Enliven (your "Account") you are agreeing to be bound by the following terms and conditions and the rules of any game you play in the Casino. The rules for our games may be found in the help section of the software for the Casino.
 

2.      You represent and warrant that you are 18 years of age or older and that all the information you provide to Enliven concerning you and your Account is true, complete and accurate. You agree not to use your Account, place or transmit (or cause Enliven to transmit) any bet or any information assisting the placement of a bet while you are physically present in any state, territory, commonwealth or other location within the jurisdiction of the United States of America, Russia, Czech Republic, Iraq or Iran and, in using your Account you represent and warrant that you are not doing so.
 

3.      You are solely responsible for your Account. You agree not to permit others to access or use your Account. You are responsible for keeping your account information (including your user name and password) secure. You are solely liable for any losses, costs or expense associated with use of your Account whether or not this has been authorised by you.
 

4.      You will not tamper with or otherwise modify the software provided to you by Enliven or otherwise connected with the Casino (the "Software") or attempt to do so.
 

5.      You will use the Casino only for your own personal entertainment, and not for any business or commercial purpose.
 

6.      You agree to be bound by all bets placed in the Casino over the Internet or otherwise through your Account.
 

7.      We make no representation or warranty as to the legality in your jurisdiction of your use of the Casino. You are solely responsible for determining the laws applicable to your use of the Casino and for acting in accordance with them and you represent, warrant and agree that you will do so. In particular, you are solely responsible for reporting your winnings and losses, if such reporting is required in your or any other jurisdiction applicable to you.
 

8.      The Software is provided to you "as is", without representation or warranty of any kind.
 

9.      To the extent not prohibited by any applicable law, Enliven's total liability to you or any third party for claims relating to these terms and conditions or your use of the Casino or the Software, if any, is the amount you paid for the Software or to access the Casino. Under no circumstances will Enliven be liable for any indirect, punitive, special, incidental or consequential loss in connection with or arising out of these terms and conditions or your use of the Casino (including loss of revenue, profits, use, data or other economic advantage), however it arises, even if Enliven has been previously advised of the possibility of such damage.
 

10.  Enliven, its respective licensees, distributors, parent, subsidiaries, associates and any of their officers and directors will not be liable for any damages which may be caused by the interception or misuse of any information transmitted over the Internet.
 

11.  You indemnify and hold harmless Enliven, its software provider, Kismet International NV, and their parent companies, subsidiaries, associates and all their officers employees and directors, from any suit, demand, cause of action, claim, liability, costs, expenses (including reasonable legal fees), liabilities, damages, fines, penalties, fees or any other charges whatsoever that may arise as a result of your breach of these terms and conditions or the rules of any of the games in the Casino or any breach by you or by any other person using you Account of any applicable laws of any jurisdiction which is applicable to you, or your use of the Casino or any such other person using your Account.
 

12.  You will be solely liable for any damages, costs or expenses of Enliven arising from or in connection with any breach by you of these terms and conditions. In addition to any other remedy available to it, if you breach any of these terms and conditions or any rules of any game you play in the Casino or if this agreement is or becomes voidable by Enliven, Enliven will be under no obligation to pay you any of your winnings. In addition, in these circumstances Enliven may freeze any positive balance then existing on your Account pending any investigation and/or the outcome or any legal proceedings.
 

13.  Enliven may at any time set off any positive balance on your account against any amount owed by you to Enliven.
 

14.  Title, ownership and all intellectual property rights in the Software remain with the original licensor, Kismet International NV. You acknowledge that the Software in source code form is a confidential trade secret of Kismet International NV and/or its associated companies. The content of the Software is protected as a collected work under applicable copyright laws. The copying, redistribution or publication of any of the content or part of the Software is strictly prohibited.
 

15.  Enliven may refuse or limit any bet or terminate your access to the Casino at any time, with or without any reason. Enliven may terminate its agreement with you pursuant to these terms and conditions and the rules of the games offered in the Casino at any time.
 

16.  Enliven may, in its absolute discretion, alter or amend or withdraw any game from the Casino at any time and may alter prices, features, specifications, capabilities, functions or other characteristics of the Casino or any game offered in the Casino.
 

17.  If there is any discrepancy between the gaming results on your computer and the results on the Casino server, the results on the server shall be final and binding.
 

18.  If the Casino computer hardware or the Casino server does not properly implement the rules of a game, or does not properly implement the random number generator, or does not make proper account for the play that has occurred or if a human error is made by Enliven, any of its suppliers, or anyone else involved in creating, producing or delivering the Casino, Enliven will not be liable for any loss including loss of winnings that results. You will forfeit any winnings that result from any error whatsoever. If any such error results in any increase in winnings to you, you must immediately repay the increase in winnings to Enliven and Enliven may recover such increase from you.
 

19.  In the event of any dispute regarding a bet or winnings, the decision of Enliven shall be final and binding.
 

20.  To combat fraud, the Casino may make a record of your IP address(es) and additional non-personal information in order to identify your location, operating system, browser version, computer name, language and currency preferences.
 

21.  Enliven may amend these terms and conditions or the rules of any game in the Casino from time to time. Your use of the Casino following any such change shall constitute your agreement to the change.
 

22.  This agreement shall be governed by and interpreted in accordance with the laws of the jurisdiction that has issued the gaming license pursuant to which the Casino is operated. You agree to submit to the non-exclusive jurisdiction of its courts.
 

23.  These terms and conditions and the rules of the games offered in the Casino constitute the entire agreement between you and Enliven and supersede any other prior understandings or agreements. No employee, officer or agent of Enliven, or anyone else involved in creating, producing or delivering the Casino, may verbally alter, modify or waive any provision of this agreement.
 

24.  The original text of this agreement is in English and any interpretation of this agreement will be based on the original English text. If this agreement or any documents or notices related to it are translated into any other language, the original English version will prevail.
 

Enliven Gaming N.V.
1 May 2005

Copyright (c) 2005 Enliven Gaming N.V. ALL RIGHTS RESERVED.

   
 

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