This end user license agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Relax Gaming' service or products. Please note that the Agreement constitutes a legally binding agreement between you and Relax Gaming Limited (referred to herein as "Relax Gaming", "us" or "we")).
By clicking the "I Agree" button as part of the software installation process and using the Software (as defined below), you consent to the terms and conditions set forth in this Agreement, as may be updated or modified from time to time in accordance with the provisions below and therein. For the purposes of this Agreement, the definition of "Software" will include both the Relax Gaming software downloadable to your personal desktop or laptop computer (“PC”) (the “PC Software”) and the Relax Gaming mobile software application (the "Mobile Software") downloadable to a mobile device (including, without limitation, a cellular phone, PDA, tablet, or any other type of device now existing or hereafter devised) (each, a “Device”).
Relax Gaming is a company registered in Malta (C48994), with registered address at The Firs, 6, Borg Olivier Street, Sliema, Malta and licensed by the Lotteries and Gaming Authority of Malta (CL4/917/2013).
1.1. Subject to the terms and conditions contained herein Relax Gaming grants the User a non-exclusive, personal, non-transferable right to install and use the Software on your PC or Device, as the case may be, in order to access the Relax Gaming servers and play the games (the "Games") available (the Software and Games together being the "Service").
1.2. The Software is licensed to you by Relax Gaming for your private personal use. Please note that the Software is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the Site from jurisdictions from which it is illegal to do so. Relax Gaming is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to ensure that their use of the Service is lawful.
1.3. Relax Gaming, its group companies and its licensors are the sole holders of all rights in the Software and the Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws:
a. copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, or otherwise;
b. sell, assign, sublicense, transfer, distribute or lease the Software;
c. make the Software available to any third party through a computer network or otherwise;
d. export the Software to any country (whether by physical or electronic means); or
e. use the Software in a manner prohibited by applicable laws or regulations,
(each of the above is an "Unauthorised Use").
Relax Gaming, its group companies and its licensors reserve any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Software.
You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify Relax Gaming immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide Relax Gaming with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
1.4. The terms "Relax Gaming", the domain names “www.relax-gaming,com” and any other trade marks, service marks, signs, trade names and/or domain names used by Relax Gaming on the Site from time to time (the "Trade Marks"), are the trade marks, service marks, signs, trade names and/or domain names of Relax Gaming and/or its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. You hereby acknowledge that by using the Service you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights, held by Relax Gaming, its group companies and/or its licensors in the Software or the Trade Marks, nor will you do anything that damages the image or reputation of Relax Gaming, its group companies, employees, directors, officers and consultants.
2.1. Relax Gaming disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
2.2. Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the Software and the Site shall be free from viruses, bugs or other contaminants.
2.3. Relax Gaming reserves the right to suspend, discontinue, modify, remove or add to the Service in its absolute discretion with immediate effect and without an obligation to provide you with notice where we consider it necessary to do so, including (for example) where we receive information that you have entered into any self-exclusion agreement with any gambling provider or where we deem it necessary for the management, maintenance or update of the Software and we shall not be liable in any way whatsoever for any loss suffered as a consequence of any decision made by Relax Gaming in this regard.
3.1. SOFTWARE MODIFICATIONS. User may not attempt to modify, decompile, reverse-engineer or disassemble the Software in any way.
3.2. PERSONAL USE. The Service is intended solely for the User's personal use.
3.3 EXTERNAL PLAYER ASSISTANCE PROGRAMS (EPA). Relax Gaming prohibits those External Player Assistance Programs ("EPA Programs") which are designed to provide an "Unfair Advantage" to players. Relax Gaming defines "External" to mean computer software (other than the Software), and non-software-based databases or profiles (e.g. web sites and subscription services). Relax Gaming defines an "Unfair Advantage" as any instance in which a User accesses or compiles information on other players beyond that which the User has personally observed through the User's own game play.
3.4. AUTOMATIC PLAYERS (BOTS). The use of artificial intelligence including, without limitation, "robots" is strictly forbidden in connection with the Service. All actions taken in relation to the Service by a User must be executed personally by players through the user interface accessible by use of the Software.
3.5. You agree that Relax Gaming may take steps to detect and prevent the use of prohibited EPA Programs. These steps may include, but are not limited to, examination of software programs running concurrently with the Relax Gaming Software on the User's computer. You agree that you will not attempt to bypass, interfere with, or block such steps, including, without limitation, the use of third party software that bypasses, interferes with, or blocks such steps.
Under no circumstances, including negligence, shall Relax Gaming be liable for any special, incidental, direct, 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 the Service even if Relax Gaming had prior knowledge of the possibility of such damages.
Relax Gaming reserves the right to update or modify this Agreement or any part thereof at any time without notice and you will be bound by such amended Agreement within 14 days of it being posted at the Site. Therefore, we encourage you to visit the Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Site shall be deemed to attest to your agreement to any amendments to the Agreement.
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Malta. You irrevocably agree that, subject as provided below, the courts of Malta shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Relax Gaming to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
Relax Gaming reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
9.1. No waiver by Relax Gaming of any breach of any provision of this Agreement (including the failure of Relax Gaming to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
9.2. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
9.3. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and us.
9.4. This Agreement constitutes the entire understanding and agreement between you and us regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and us.
9.5. The English language version of this Agreement shall be the prevailing version in the event of any discrepancy between any translated versions of this Agreement.
Version number: [01.03.14] dated [06/03/2014]