TERMS AND CONDITIONS
General Terms and Conditions for the Gaming Service, last updated 25 June 2015.
1. PARTIES AND AGREEMENT
Ålands Penningautomatförening, Paf, (hereinafter ‘the Operator’) is a public association (registration number in the register of associations 0280695-6), the domicile of which is the Åland Islands, an autonomous province of Finland. The address of the Operator is Lövdalsvägen 8, AX-22100 Mariehamn, Finland, phone 358 18 24200358 18 24200 and fax 358 18 22030. The e-mail of the Operator is email@example.com. The Operator offers, under licence from the Åland Island's provincial government, online gaming to the public on the Internet (hereinafter the ‘Gaming Service’). The administration of the Gaming Service is located in the Åland Islands. Each game is received, accepted and executed in the Åland Islands.
A Gaming customer is a private person, over the age of 18, who is registered and accepted as a gaming customer of the Operator (hereinafter ‘Gaming Customer’). In order to use the Gaming Service it is required that the Gaming Customer has deposited funds intended for gaming expenses/bets into the Operator’s bank account.
This agreement regulates the relationship between the Operator and the Gaming Customer, when the Gaming Customer is using the Gaming Service (hereinafter ‘Agreement’). Every time the Gaming Customer logs in to the Gaming Service using his/her personal codes, the Gaming Customer confirms the acceptance of the terms and conditions of this Agreement, and the Operator’s gaming rules. The rights and responsibilities pursuant to this Agreement may not be assigned to a third party. For instance, a Gaming Account may not be transferred from a Gaming Customer to a third party.
The Operator reserves the right to use subcontractors. The Operator also reserves the right to collect, update and/or verify information regarding the Gaming Customer via a third party.
In the event of ambiguity between this Agreement and the Operator’s gaming rules, the following order of priority shall be complied with:
1. Gaming rules;
This Agreement has been drafted in Swedish and translated into other languages. In the event of ambiguity between the Swedish version and other language versions, the Swedish version has priority.
In this Agreement the term ‘Gaming Event’ shall mean any individual gaming event performed by the Gaming Customer in the Gaming Service.
2. REGISTRATION OF GAMING CUSTOMER
2.1 Registration requirements
Any natural person over 18 years of age with a registered e-wallet or being a bank account holder in a country with which the Operator practices payment cooperation may be registered as the Operator’s Gaming Customer. A Gaming Customer residing or staying outside the Åland Islands is responsible for the validity of his/her use of the Gaming Service at his/her location.
The Gaming Customer warrants and represents additionally that he/she:
• is over 18 years of age;
• is not restricted by limited legal capacity;
• is not acting on behalf of another party;
• is not a compulsive player;
• is not depositing monies originating from criminal and/or other unauthorised activities into the Gaming Account;
• is not conducting criminal activities directly or indirectly in relation to the Operator’s Gaming Account.
The Gaming Customer warrants and represents that the information he/she has filled in the registration form is complete, correct and valid. The Gaming Customer shall, at the request of the Operator, add to this information at any time during the customer relationship. The Gaming Customer undertakes to inform the Operator of any changes in his/her personal, contact or bank account information. The Operator shall be informed of any name, user name and/or personal ID number changes in writing. Other information may be amended by the Gaming Customer in the Gaming Service.The Gaming Customer may not use a username or nickname on the Gaming Service that may be interpreted as insulting, offensive or provocative by others. The Operator has the right at any time to require that such a name is changed.
The Operator reserves the right to request the Gaming Customer to verify his/her identity, age or any other information given by him/her, for instance with copies of credit cards and ID documents, as well as the right to collect, update and verify information through a third party. The Operator reserves this right throughout the customer relationship. Refusal by the Gaming Customer to comply is seen as a breach of this Agreement.
The Operator reserves the right, at their own discretion, at all times to decline the started registration process or to invalidate the completed registration without any explanation whatsoever.
2.2 Consent to registration, saving and processing of personal data
The Gaming Customer gives his/her consent to the registration and saving of his/her personal data in the Operator’s online customer register. The consent includes that the Operator has the right to use the information collected on the Gaming Customer for statistic calculations, marketing and marketing research carried out internally or by a subcontractor employed by the Operator. All information may also be used for prevention and investigation of misuse or problematic situations as well as to fulfil the Operator's legislative duties and duties imposed by the authorities, with regard to customers and the authorities. The Gaming Customer agrees that the Operator may collect, update and verify all personal information via a third party.
2.3 Consent to sending notices by e-mail and text message
The Gaming Customer agrees that the Operator may send notices in relation to the Gaming Account to the e-mail address the Gaming Customer has last registered with the Operator, and/or using text messages (sms) to the mobile phone number that the Customer has last registered with the Operator.
2.4 Consent to receive direct marketing by e-mail
By registering with the Gaming Service, the Gaming Customer agrees to receive marketing information on the Operator's products and services at the e-mail address that the Gaming Customer has last registered with the Operator. The Gaming Customer may unsubscribe from such marketing information at any time and at no cost by sending an e-mail to firstname.lastname@example.org with the subject “No more messages please" or by de-selecting this under "My Account" in the Gaming Service".
The Operator shall treat all personal data in accordance with law. Personal data may only be disclosed by the Operator when the Gaming Customer has consented thereto, in which case it follows the Agreement or when it is required by law, statute or ruling of authority.
The Gaming Customer selects his/her own Password (hereinafter “Passwords”). The Passwords come into force once the Gaming Customer has accepted the Agreement and completed the registration.
The Gaming Customer agrees to store the Passwords in such a manner that third parties do not learn of them. Should the Gaming Customer suspect that a third party has learned of the Passwords, the Gaming Customer shall immediately inform the Operator thereof.
In the event of this, the Operator reserves the right to temporarily freeze the Gaming Account in order to take precautionary action. The Operator shall not be liable for any losses incurred from the fact that a third party has learned of the Passwords.
Should the Operator resolve to decline the registration, the Passwords shall be cancelled.
3. GAMING ACCOUNT
3.1 Use of the Gaming Account
The Operator shall open a personal Gaming Account for each registered Gaming Customer. The Gaming Account is intended for administration of the Gaming Customer’s gaming expenses/bets, for refunding and payment of winnings by the Operator as well as for charging potential service fees. The Gaming Account may only be used to participate in the Gaming Service. The Operator reserves the right to limit payments into the Gaming Account at any time for reasons of security etc.
The Gaming Customer may use the Gaming Account only on his/her own behalf, and payments into the account may only be made for the benefit of the customer. The Gaming Customer may not allow a third party access to the Gaming Services via the Gaming Customer’s Gaming Account under any circumstances. Gaming Customers are responsible for any activity in their Gaming Accounts. Gaming Accounts may only be used for individual use.
The Gaming Customer may open only one Gaming Account within the Operator’s group. The currency on the Gaming Account is euro (EUR). The Operator shall calculate and clear all issues related to exchange rates in accordance with official exchange rates published by well-known international financial institutions at the time of the Gaming Event. There may be small deviations in the funds deposited into the Gaming Account due to fluctuations in the exchange rates.
The Gaming Customer shall be liable for all expenses that the bank may possibly debit for the payments made regarding the Operator’s bank account in the bank or for the credit transfers made between the accounts of the Operator, other external transaction providers, and the Gaming Customer. The Gaming Customer gives his/her consent to direct debiting of the Gaming Account for any service fees in accordance with the price list in force at that time (see section 6 below).
3.3 Processing and accounting of customer funds at the Operator
Funds deposited by the Gaming Customer are accountable funds. The Operator shall keep the customer funds separate from its own funds, and the customer funds shall be deposited in a bank account. The Gaming Customer gives his/her consent to that the Operator stores the deposited funds in conjunction with the funds of other Gaming Customers. The distinction of the funds is made only in the Operator’s electronic Gaming Account bookkeeping.
3.4 Interest on Gaming Customer’s funds
The Operator shall not pay any interest on funds deposited in the Operator’s bank account by the Gaming Customer. The Operator shall not pay any interest on funds entered into the Gaming Account.
3.5 Gaming Customer’s right to use the funds in the Gaming Account
Funds in the Gaming Account may be used for gaming during the opening hours of the Gaming Service (see section 5), provided that the Gaming account has not been frozen, blacklisted or closed. At the request of the Gaming Customer, the Operator shall transfer funds in the Gaming Customer’s Gaming Account, entirely or partly, deducting possible service fees, and with a reservation for possible other deductions, into the bank account or e-wallet the Gaming Customer has last registered with the Operator. Bonus money that has not been bet in the Gaming Service will not be paid out.
The Gaming Customer is not entitled to funds or any other remaining rights, benefits and/or winnings that have been obtained through cheating or other breaches of the gaming rules or the Terms and Conditions of this Agreement, criminal activities, manipulation of the gaming system, or by any other inappropriate means. The Operator reserves the right to limit the Gaming Customer’s access to the Gaming Service and/or the right to withhold any funds in the Gaming Account for a time period decided by the Operator if the Operator suspect or can prove that the Gaming Customer has broken the gaming rules and/or the Terms and Conditions of this Agreement, or for other reasons of security.
The Operator reserves the right to check and verify a Gaming Customer’s identity and title to a means of payment and entitlement to the funds before a transfer at any time.
As a result of such a check, the Operator has the right to withhold the funds in the Gaming Account and is not responsible or liable for any payment delays or other delays due to these checks. In case of suspicious behaviour, the check and verification may take up to six (6) months to complete. This time period may be affected by legislation or decisions by authorities. During the time it takes to complete the process, the requested funds shall be stored as frozen funds in the Gaming Customer’s Gaming Account.
3.6 No pledging or currency speculation
Funds in the Gaming Account may not be pledged. The Gaming Account may not be used for currency speculation. The Operator reserves the right, when necessary, to repay the funds deposited into the Gaming Account by the Gaming Customer in accordance with the exchange rate in force at the time of the deposit.
3.7 Possibility for the Gaming Customer to freeze the Gaming Account
The Gaming Customer may freeze the gaming function himself/herself for a time period he/she deems appropriate. Should the action be executed more than three times per calendar year, the Operator may consider terminating the customer’s account.
3.8 Possibility for the Gaming Customer to blacklist himself/herself
The Gaming Customer may inform the Operator that he/she is to be blacklisted. Blacklisting means here that the Gaming Customer wants to prohibit himself/herself from using his/her Gaming Account, and that he/she is to be prohibited from opening a new Gaming Account. The Operator shall carry out the blacklisting at the request of the Gaming Customer. Notice of this shall be given in writing to the Operator’s customer service.
3.9 Control over entries
The Operator shall not issue any gaming certificates or receipts regarding individual entries in the Gaming Account. The entries shall be accounted electronically in the Gaming Service. The Gaming Customer agrees to check that the entries in the Gaming Account are congruent with the actions taken by the Gaming Customer.
3.10 Complaints and expiration
Complaints regarding for instance erroneous payment or unreceived winnings shall be made in writing and delivered to the Operator within 30 days calculated from the moment the deviation was or should have been detected. Should the Operator not have received the complaint within the said time limit, the Gaming Customer shall lose his/her right to invoke the deviation.
The Gaming Customer shall immediately inform the Operator after having detected a failure in the closing, freezing, blacklisting, etc. of the Gaming Account,. performed by the Operator or the Gaming Customer. In no event shall the Operator be liable for any bets the Gaming Customer has been able to place subsequent to the closing, freezing or blacklisting of the account or limitation set by the Gaming Customer. The decision to become a customer and therefore the responsibility for using the Gaming Service is taken solely by the Gaming Customer.
3.11 External networks
For example, MultiPlayer Poker, Skill Games and Dice Games are played on external networks. These external networks are subject to additional Terms and Conditions besides from those in this Agreement. Gaming Customers are advised to familiarise themselves with these Terms and Conditions before making use of such external networks.
4. LIMITATIONS REGARDING GAMING
The Gaming Customer undertakes to always follow the applicable gaming rules for all games that are provided by the Gaming Service in addition to the Terms and Conditions of this Agreement. Any breach of the gaming rules or the Terms and Conditions of this Agreement will automatically mean that the Gaming Event is declared void and the Gaming Customer will forfeit their entitlement to any winnings from any such void games. The Operator reserves the right to declare games void at any time during the customer relationship as a result of the Gaming Customer’s breach of the Terms and Conditions of this Agreement or of the rules.
If the Gaming Customer discovers a bug, or any other error in the system, he/she must immediately log out from the Gaming Service. The Gaming Customer may never profit from a bug or error in the Gaming system. The Gaming Customer shall immediately inform the Operator after having detected a bug or any other error on or in connection to the Gaming Service.
4.2 Invalid games and forbidden behaviour
The Operator reserves the right to declare the Gaming Event of the Gaming Customer void, entirely or partly, should it become evident that, for example:
• it has been offered, requested or accepted on the grounds of an error;
• the Gaming Customer or third parties acting in cooperation with the Gaming Customer jointly intend to evade the Agreement;
• the Gaming Customer is disqualified from participating in Gaming Events in which the Gaming Customer or other party acting in cooperation with the Gaming Customer may directly or indirectly influence the end result; and/or
• the outcome of the Gaming Event has, directly or indirectly, been influenced through criminal activities.
The Gaming Customer must personally perform all actions in regards to the Gaming Account and all payments to the account shall be made solely for the benefit of the Gaming Customer. Third parties may not be given access to the Gaming Service through the Gaming Customer's Gaming Account.
The following behaviour, amongst other things, is strictly forbidden in relation to the Gaming Service:
• use or attempted use of external gaming assistance programs (EPA programs) including but not limited to program or non-program based databases and profiles, for instance websites and subscription services created with the purpose of giving the Gaming Customer an unfair advantage. By unfair advantage we mean a situation in which a Gaming Customer has access to or complies information on other Gaming Customers that the Gaming Customer has not observed during his/her own use of the Gaming Service;
• use or attempted use of artificial intelligence or software that will play on behalf of the Gaming Customer or direct the Gaming Customer on how to play, e.g. so-called "robots";
• collusion or attempted collusion by exchanging information on hidden cards or other means, irrespective of the outcome of such an attempt. The Operator reserves the right, in addition to other measures, to prevent betting and/or ban the Gaming Customer from playing at a particular table or tournament including the right not to allow two or more Gaming Customers to play at the same table or in the same tournament together;
• chip-dumping or attempted chip-dumping irrespective of the outcome of such an attempt;
• any attempt to change, modify, break down, reverse engineer or in some other way attempt to ascertain how the program is built; and/or
• any other fraudulent conduct or attempted fraudulent conduct according to the Operator, irrespective of the outcome of such an attempt, including but not limited to examples of illegal, dishonest or inappropriate behaviour during use of the Gaming Service. Measures include the above measures for other types of gaming manipulation or illegal payment, including but not limited to the use of stolen account or credit cards, illegal credit, repayment or money laundering.
The Gaming Customer agrees that the Operator may take measures themselves or via a third party supplier to discover and/or prevent collusion, use of prohibited EPA programs, robots, chip-dumping and any other fraudulent or improper behaviour.
The Gaming Customer or any person who intends to register with the Gaming Service is responsible at all times for ensuring the legality of using or registering for the Gaming Service in the country or region where the Gaming Customer is located.
4.3 Limited areas
The Operator may not open Gaming Accounts or accept payments from persons located in certain countries for example the USA and Turkey.
4.4 Illegal behaviour
The Operator has a zero tolerance policy for illegal behaviour and can, should this occur, or there is a reasonable suspicion of it occurring, terminate the Customer Relationship and the Gaming Account immediately and will cooperate with the authorities if there are grounds to do so.
5. OPENING HOURS
The Gaming Service is open to gaming activities during the hours determined by the Operator. The opening hours shall be announced in the Gaming Service. The aforesaid also applies to the Operator’s customer service and other office functions.
6. PRICE LIST
The price list shall be published in the Gaming Service.
The Operator retains the right to alter the information in the price list. The Operator shall inform the Gaming Customer of changes or increases in fees by publishing the new fees in the price list.
Should the Gaming Customer not approve the new fee, the Gaming Customer shall not use the Gaming Service. Otherwise the new fee is binding to the Gaming Customer.
7. WINNINGS AND PAYMENT OF WINNINGS
Winnings as well as potential repayment of gaming expenses/bets are automatically entered in the Gaming Account of the Gaming Customer. A Gaming Customer can request a transfer from the Gaming Account to a specified bank account or to an e-wallet provided that the Operator is able to use the payment method.
Winnings shall be paid to the Gaming Account as soon as possible after the game has ended or the results have been confirmed.
The Operator is not responsible for any damages that could occur as a direct or indirect result of a delay or inability to complete payment of the winnings.
Winnings cannot be exchanged or cashed in for another prize. The Gaming Customer is solely responsible for any taxes and fees which may arise in connection with a win. The Operator is in no way responsible for any consequences of the Gaming Customer’s transfer of winnings or any other action taken in connection with the win.
Gaming Customers requiring information on tax or legal issues are recommended to contact an advisor or the authorities in the country where the Gaming Customer resides.
8. CHAT SERVICE
In connection with some of the provided Games, the Operator offers a reality time chat service (hereinafter “Chat Service”). For the Gaming Customers that use the Chat Service the following applies:
The Chat Service may only be used for communicating messages and material that is suitable, appropriate and which complies with Finnish law, good practice, and which also in other regards complies with the purpose of the Gaming Service. What fulfils these criteria is decided solely by the Operator.
The Operator neither endorses nor opposes the opinions of any Gaming Customer, but may take issue with the manner in which an opinion is expressed.
8.2 Content and Conduct
The Gaming Customer acknowledges and agrees to be personally responsible for his/her use of the Chat Service and for all of his/her communication and activity on the Chat Service, including any Content the Gaming Customer contributes.
“Content” in this context means communications, documents, and all other material on the Chat Service. The Operator does not pre-screen the Content available on the Chat Service and the Operator does not assume any responsibility or liability for Content that is provided by Gaming Customers on the Chat Service.
The Operator reserves the right to remove at any time, and without giving any reason, Content that is objectionable to the Operator for any reason. The Operator does not assume any liability for any failure to remove or any delay in removing Content.
• Posts, transmits or facilitates distribution of Content that is prohibited or illegal, or Content that is harmful, abusive, racist, or in any other sense can be deemed objectionable. Discrimination is not tolerated;
• Promotes or encourages any illegal activity, breach of this Agreement or the gaming rules (cheating);
• Harasses, threatens, embarrasses, or does anything else to another Gaming Customer that is unwanted, or disrupts the flow of chat in the chat room with vulgar or abusive language, technical misuse, use of excessive shouting (all caps), or flooding (posting repetitive text) or similar conduct;
• Attempts to get a password, other account information, or other private information from a Gaming Customer. Employees of the Operator will NEVER ask Gaming Customers for passwords or any private information;
• Posts messages for any purpose other than personal communication, posts Content that contains a virus or transmits advertising, promotional materials, or makes any commercial use of the Operator’s Chat Service;
• Impersonates another person, indicates that he/she is an employee of or that he/she represents the Operator or any of the Operator’s partners or affiliates;
• Other behaviour deemed inappropriate by the Operator, e.g. false security reports.
Due to the Chat Service being a real time service, the Operator does not endorse, approve or pre-screen any Content that the Gaming Customers communicate on the Chat Service. The Gaming Customers shall therefore observe the security risks that use of the Chat Service entails.
The Operator’s representatives may monitor the Gaming Customers’ communications.
If a Gaming Customer violates the Content or conduct terms, the Operator may take action against the Gaming Customer. The Operator may issue a warning due to the violation, or may choose to freeze the Chat Service or immediately terminate the Gaming Customer’s Gaming Account. The Operator is not required to notify the Gaming Customer prior to taking action.
8.5 Illegal behaviour
The Operator has a zero tolerance policy for illegal behaviour, and can should this occur or there is a reasonable suspicion of this occurring, terminate the Customer relationship and the Gaming Account immediately and will cooperate with law enforcement if there are grounds to do so.
9. NO REPRESENTATIONS OF WARRANTIES
The Gaming Customer, not limiting his/her statutory rights, expressly acknowledges and agrees to the following:
A. The Gaming Customer uses the Gaming Service at his or her own risk. The Gaming Service is provided "as is." The Operator expressly disclaims all express or implied representations or warranties.
B. All gaming activities are undertaken at the Gaming Customer’s own risk
C. Certain delays can occur in the Operator’s system/network. The Operator reserves the right to set the result of each Gaming Event in the Gaming Service. By registering as a Gaming Customer and using the Gaming Service, the Gaming Customer is bound by such decisions.
D. The Operator does not guarantee, amongst other things:
1. that the Gaming Service will meet the Gaming Customer’s expectations;
2. that the Gaming Service will be accessible without interruption or in a timely, reliable or fault-free manner;
3. that the results obtained through use of the Gaming Service will be correct and reliable;
4. that the quality of the products, services, information or other material purchased or obtained by the Gaming Customer through the Gaming Service will meet the Gaming Customer's expectations.
E. The Gaming Customer shall be solely responsible for damages to his or her data system or for loss of data arising from downloads of content from the Gaming Service.
F. No guidance or information, written or oral, obtained from the Operator or via the Gaming Service, shall constitute any warranty, which has not specifically been stated in these Terms and Conditions.
10. LIMITATION OF LIABILITY
The Gaming Customer specifically acknowledges and agrees that in no event shall the Operator be liable for any direct or indirect damage, including but not limited to, delay, damages caused by unused opportunity of the Gaming Service, loss of profits, goodwill, licenses of data or other financial loss arising out of:
1. the use of the Gaming Service or inability to use the Gaming Service;
2. costs arisen from acquiring a replacement of any product or service that is based on any item, data, information or service purchased through the Gaming Service, from any message received through the Gaming Service or any transactions made by means of the Gaming Service;
3. third party claims against the Gaming Customer;
4. unlawful access to or modifications of data transmissions; or
5. any other circumstances related to the Gaming Service.
The Operator exempts itself from any claims for damages relating to the Gaming Service’s access, function, quality, possible errors such as spelling errors, bugs and other factors relating to the Gaming Service.
11. FORCE MAJEURE
The Operator shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances directly or indirectly affecting the Operator and unreasonably complicating the Operator’s activities (force majeure). Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorisation, accident and defect in electricity or telecommunication network.
Force majeure or another event beyond the Operator’s control hindering, delaying or complicating the maintenance of the Gaming Service entitles the Operator to suspend or limit the Gaming Service until further notice.
12. AMENDMENTS TO THE GAMING SERVICE, GAMING RULES OR AGREEMENT TERMS
The Operator reserves the right to make amendments to the Gaming Service as well as, when necessary, to amend the gaming rules without prior notice to the Gaming Customer. Information on any amendment shall be given in the Gaming Service.
The Operator reserves the right to amend the terms of this Agreement at any time. Should the Operator introduce an Agreement term that increases the responsibilities of the Gaming Customer or decreases his/her rights and is not based on law, regulations or rulings of authorities, the Gaming Customer shall be informed thereof by a notice published on the Gaming Service or by a notice sent to the Gaming Customer’s mail box in the Gaming Service or to the e-mail address the Gaming Customer has last registered with the Operator.
Should the Gaming Customer not approve the new term of the Agreement, the Gaming Customer shall serve a written notice of termination of Agreement prior to the application of the new Agreement term has begun. Otherwise the new term is binding to the Gaming Customer.
13. GAMING CUSTOMER’S RIGHT TO CLOSE THE GAMING ACCOUNT
The Gaming Customer may terminate the Gaming Account with the Operator by serving a written notice of termination of the Agreement. Before terminating the account, the Operator shall wait until the end results of any open Gaming Events have been received. Upon termination the Operator shall close the Gaming Account of the Gaming Customer, from where the funds in the Gaming Account that the Gaming Customer is entitled to shall, at the request of the Gaming Customer, be transferred to the bank account or e-wallet the Gaming Customer supplies to the Operator. If the Gaming Customer does not contact the Operator within three (3) years of the expiration of the Gaming Account, the Gaming Customer's entitlement to the funds remaining in the Gaming Account will lapse.
14. THE OPERATOR’S RIGHT TO FREEZE, BLACKLIST OR CLOSE THE GAMING ACCOUNT
The Operator retains the right to freeze, blacklist and/or close the Gaming Account immediately and without any prior notice or giving any reason to the Gaming Customer in the following situations:
• The Gaming Customer has breached the Agreement or gaming rules;
• The Gaming Customer has, according to the Operator, unsuitable or forbidden equipment in relation to use of the Gaming Service;
• There is not sufficient balance in the Gaming Account for charging the agreed service fees;
• The Operator has reason to impugn the Gaming Customer’s right to use the Gaming Account;
• The Operator has reason to suspect a crime, misuse, fraud, or attempt of such in relation to use of the Gaming Service;
• No transactions have been registered for the Gaming Account for a period of 24 months;
• The Operator is forced to do so pursuant to legislation or ruling of authority; and/or
• The Operator considers it to be necessary, for example, for safety reasons or due to the Operator’s reputation, etc.
Freezing can occur in relation to the entire Gaming Service, or be limited to certain games or services provided.
The Operator retains the right to retain funds in the Gaming Account and/or reclaim funds that have been acquired through cheating or other breaches of the gaming rules or the Terms and Conditions of this Agreement, criminal conduct, manipulation of the Gaming Service or any other inappropriate manner including attempts at such conduct or suspicion thereof.
After the Gaming Account of the Gaming Customer has been closed, the Operator shall charge any outstanding charges and fees to the Gaming Account. An e-mail will then be sent to the e-mail address which the former Gaming Customer last registered with the Operator, in which the Gaming Customer is requested to supply details of a bank account or e-wallet to which any remaining funds in the Gaming Account are to be transferred. If the Gaming Customer does not respond, or contact the Operator in any other way for three (3) years after expiration of the Gaming Account, the Gaming Customer's entitlement to the funds in the Account will lapse. Funds gained from invalid gaming or any other breach of the Agreement will not be paid out as the Gaming Customer has lost their entitlement to these (see section 3.5).
Gaming Customers whose Gaming Accounts have been frozen, or whose Customer Relationship has been ended on the basis of the reasons given above, or if the Operator otherwise finds it necessary, will not be entitled to participate in the Operator’s physical gaming tournaments, or any of the Operator’s other events.
15. INTELLECTUAL PROPERTY RIGHTS
The content of the Operator’s Gaming Service is protected by Finnish and international copyright acts and treaties. All reproduction or distribution of any material on the Operator’s Gaming Service, including but not limited to text, photographs, movies, music and computer programmes is strictly prohibited, unless explicitly stated otherwise. The Operator reserves any and all rights not expressly granted herein.
The Operator’s trade name and logotype and all related trademarks, product and/or service names and slogans used for the Gaming Service are the property of the Operator and may not be used in any way without the prior written approval of the Operator. The Gaming Customer’s use of the Gaming Service shall not be construed as granting any licence or right to use any trademarks or names appearing on the Operator’s website or in connection with the Gaming Service without the prior written consent of the Operator or proper third party.
16. TERM OF THE AGREEMENT
This Agreement is valid until further notice.
17. APPLICABLE LAW AND JURISDICTION
The laws of Finland shall govern this Agreement. Any hereto related dispute shall be settled by the District Court of Åland as the court of first instance.
18. EXCEPTIONS TO THE TERMS AND CONDITIONS FOR ESTONIAN CITIZENS
The Terms and Conditions apply for Estonian citizens with the following exceptions:
• Section 1: For Estonian citizens the party in the Agreement is the licence holder AS Pafer (reg. nr registry code 10017059; address: Suur-Patarei 2-K, 10415 Tallinn, Estonia). The term “citizen” is in this context defined according to the player’s choice of country in the process of registering as a player at Paf.
• The licences applicable for Estonian players are Paf’s fully owned subsidiary in Estonia AS Pafer’s licence nr HKT000002, valid from 20.01.2010 and issued by the Tax and Custom Board in Tallinn and Paf majority owned AS Spordiennustus activity licence HKT 000005 , issued 01.04.2010 and the operating licence HKT000005 issued 01.04.2010
• For Estonian citizens, the personal data related to the OMPI list is stored and processed in compliance with both the Finnish Act on Personal Data (523/1999) and the Estonian Data Protection Act (RT I 2003, 26, 158)
• The Gaming Customer consents that agreements between the Operator and the Gaming Customer are entered into in an electronic form without signing any documentation in hard copies and the Gaming Customer considers all such agreements valid and binding on himself/herself.
• Gaming account transactions (deposits and withdrawals) may only be carried out between the account holder’s own bank account or other payment channel and the said account holder’s gaming account.
• Section 3.8: The Gaming Customer has the right to blacklist himself/herself at the gaming site.
• Section 6: The Terms and Conditions and price list are valid as they are at the point of logging on and apply as such until the end of the gaming session.
• Section 16: This Agreement is entered into as of when the Gaming Customer accepts these Terms and Conditions by clicking on the box to accept the Terms and Conditions in the registration process.
• Section 17: Any dispute regarding these Terms and Conditions shall for Estonian citizens in the first instance be handled by the Harju County court in Estonian according to Finnish legislation.
19. EXCEPTIONS TO THE TERMS AND CONDITIONS FOR CITIZENS OF GREAT BRITAIN
The Terms and Conditions apply for citizens of Great Britain with the following addition:
The eCOGRA Alternative Dispute Resolution (‘ADR’) Service is an impartial adjudication service for disputes that might arise between the Operator licenced by the United Kingdom Gambling Commission and the Gaming Customers.
Please find further information and the ADR dispute form on eCOGRA’s webpage (http://www.ecogra.org/ata/policies_procedures.php).
We are required by our licence to inform customers about what happens to funds which we hold on account for you, and the extent to which funds are protected in the event of insolvency (http://www.gamblingcommission.gov.uk/Consumers/Protection-of-customer-funds.aspx) We hold customer funds separate from company funds in bank accounts. These funds are not protected in the event of insolvency. This meets the Gambling Commission’s requirements for the segregation of customer funds at the level: basic segregation.
Please note that underage gambling is an offence. If a Gaming Customer is shown to be underage, the Operator will return all money deposited or paid to use the Gaming Service, but no winnings will be paid out.