BlackDiamond Casino Terms & Conditions

Please read these Terms and conditions carefully before using the BlackDiamond Online Casino web site or downloading any Software made available on the BlackDiamond  web site.

Terms of Use

The BlackDiamond Terms of Service represent the rules and conditions regarding access and use of the BlackDiamond Casino site and software. Please read and acknowledge our Terms & Conditions carefully.

Access, registration, and/or use of the BlackDiamond site or software confirm your acceptance and intent to comply with the terms set forth in this agreement.

General Terms & Conditions
Eligibility
User Accounts
Payments & Winnings
Software License
Exclusion of Liability

1. General Terms & Conditions

1.1 The BlackDiamond Casino site, software and services are provided for personal entertainment only. Access and use of our site and casino for professional or other non-entertainment purposes is strictly prohibited. Real money play is not required, and participation of such is the sole decision of the user at his own discretion and with the awareness of risk.

1.2 By participating and playing the games provided by BlackDiamond Casino, you acknowledge the Casino and games are not offensive, unfair, or objectionable in any way.

1.3 Consent to the use of your name for advertising or other promotional objective is implied by the acceptance of winnings or other prizes from BlackDiamond Casino. Additional compensation for the use of player name in conjuction with such is not included nor required, except in specific instances of legal provision.

1.4 The user bears sole responsibility for any and all taxes applicable on prizes or winnings received from BlackDiamond Casino.

1.5 BlackDiamond Casino and Casino Services make no representation or guarantees regarding the legal right of any person to participate in services offered. BlackDiamond employees, affiliates, licensees, wholesalers, subsidiaries, media partners, distributers or any other agent have the authority or responsibility to make such guarantees or representations.

1.6 It is the responsibility of the user to regularly review and acknowledge the BlackDiamond Terms of Service in the event of modifications or updates. Continued use of casino and casino services constitute the acceptance of any and all changes.

1.7 The user obtains no rights to terms, illustrations, text, concepts, intellectual property, or any other material expressly owned by the BlackDiamond trade name.

1.8 We reserve the right to add or discontinue games and/or activities provided by the Casino at any time, with or without notice.

1.9 All user information is subject to and protected by our Privacy Policy . We will not sell, lease, or otherwise disclose personally identifiable user details without your consent to any party other than our licensors or other necessary service providers, unless instructed by law or court order.

2. Eligibility

2.1 BlackDiamond Casino and Casino Services are available to users residing in localities where participation is not restricted or prohibited. It is the responsiblity of the user to acknowledge and comply with the legalities of his or her jurisdiction.

2.2 Users must be at least 18 years of age to participate Site and casino services are restricted to users of legal age as determined in the jurisdiction in which the individual resides or is physically present. In accordance with our terms, we reserve the right to request identifying documentation to verify name, age, location or other relevant information provided. Supplying false may constitute a reportable offence, and we reserve that right in cases deemed necessary.

2.3 BlackDiamond Casino and Casino Services are not available to persons residing and/or physically present in Netherlands Antilles, Canada, Poland and the state of Kentucky (USA).

2.4 Company employees, licensees, distribution, subsidiaries, media organizations, retailers, or any other related agencies and the immediate members of their familes are not permitted to participate in the casino games and services.

2.5 Multiple accounts are strictly prohibited. One real player account per person is allowed, and any player that registers an additional account or accounts is subject to termination and/or the loss the eligibility to receive winnings.

3. User Accounts

3.1 It is the responsibility of the user to maintain and secure the confidentiality of his or her account number and password information. The user is solely responsible for all play, purchases and/or losses that occur on his account as third party access to user accounts by minors or any other person is not permitted. As such, BlackDiamond is free of liability for losses incurred as a result of unauthorized use of account. Further, you agree to promptly notify us should any breach in the security of your account, account details, and/or unauthorized use.

3.2 Multiple accounts are strictly prohibited. One real player account per person is allowed, and any player that registers an additional account or accounts is subject to termination and/or the loss the eligibility to receive winnings.

3.3 Accounts may be considered inactive if not accessed for six months or more. In the absence of account log in, remaining balance is forfeited after a period of 180 days and the account will be closed.

3.4 BlackDiamond Casino reserves the right to close your account for any reason and without notice. In the event of account termination, any remaining balance available may be returned to the user, except in circumstances deemed inappropriate. At our discretion, these include but are not limited to the following:

• Incorrect, inaccurate, or misleading information provided by the user upon registration or subsequent request.
• Multiple account registration and/or use.
• Registration and/or play by users under the age of 18, or below the legal age permitted according to the laws of jurisdiction.
• Use of the site and/or casino by persons residing where such use is prohibited by law.
• Any action, intentional or otherwise that results in the access and use of casino by persons other than the user.
• Inaccurate or mismatching credit card information; name on card is not that of the user.
• Casino play for reasons other than personal entertainment, including but not confined to play in a professional capacity, or in complicity with other users or groups.
• Attempts to withdraw before fullfilling the given requirements of a promotion claimed.
• Use of automated systems, machines, softwares or any other device intended to alter the outcome of gameplay.
• Wagering by use of a "robot" player, or any other non-approved software client.
• Cheating or fraudulent activity of any kind as determined by the casino.
• Bonus abuse or attempted bonus abuse, deemed as such by the casino and extending to include actions or patterns of play at other online casino venues.
• Chargeback of funds.
• Fraudulent activity of any kind and/or noncompliance with the terms and conditions of this agreement.

4. Payments & Winnings

4.1 In acceptance of the BlackDiamond Terms & Conditions, you agree and hereby warrant that any and all information provided by you is both factual and accurately inclusive, without limitation to all financial and billing information. Prompt notification of change to personal and financial information, including credit card numbers and expiration dates is the responsibility of the user.

4.2 Any and all wagers must be placed via the BlackDiamond Casino interface. Non-approved wagering includes wagers placed using 'robot' players, or any other means other than that provided and approved by BlackDiamond Casino. Should other client software be detected in use, we reserve the right to take action deemed appropropriate at our discretion. Reponse to the incompliance of this term may include, but is not limited to the retroactive nullification of said wager(s) and account closure.

4.3 E-mail notification will be send after each purchase. It is recommended that all transaction information be printed and saved by the user in the event that future reference is necessary or desired.

4.4 To avoid processing charges, the user must wager his deposit at least one (1x) time the amount of deposit. Withdrawals requested prior to the required aforementioned play though will be subject to the removal of any processing fees from the said withdrawal amount.

4.5 We reserve the right to take action deemed appropriate in cases of fraud or suspected fraud, charged back payments or reversal of deposits. The user agrees not to charge back or reverse monies deposited to the casino and acknowledges that such action will render any winnings null and void. In the event of charged back funds or reversed deposits, the user agrees to pay in full all amounts due to the casino and/or payment processor, including subsequent charges and expenses incurred during the process of collecting monies owed in connection with any charged back or reversed deposits. Further, we retain the right to withhold any amount from your balance that is found to be in excess of the original deposit for the purpose of legal action initiated in effort to collect the outstanding debt.

4.6 Fraudulent activity and/or cheating of any kind is strictly prohibited with regard to the use of any part of our site, casino, or services. Additionally, untrue, inaccurate, or malicious statements related to any part of our casino, site, services and/or operation will result in actions deemed appropriate by the company. We reserve the right to disclose such activities along with identifying information including name and e-mail address, to other casinos, financial institutions, and/or other relevant agencies.

5. Software License

5.1 BlackDiamond Casino software is exclusively owned by the company and/or its licensors, and protected by copyright law and International Treaty provisions. Regulation of use is governed by the laws of Cyprus. Any part of the agreement of use found to be unenforcable ceases to bear on any remaining portion of the agreement herein.

5.2 Use neither implies nor extends any right of ownership to the software or any intellectual property rights in the software, company trademarks, or any other proprietary aspect of the BlackDiamond Software.

5.3 Acceptance of the BlackDiamond Terms of Service grants the user nonexclusive permission to conditionally access and utilize our software and casino. Failure to comply with the specified terms of software use will result in the termination of the software agreement and revoke permission for use. Upon termination of this agreement the user agrees to delete the software from the computer in which it is installed. Futher, we reserve the right to terminate license for use at any time without notice or cause.

5.4 The agreement regarding the terms of software use may only be changed by an authorized officer of the Company, after having been submitted in writing.

5.5 The software may be installed on the user's hard disk or device for storage. Backup copies may also be created, with the stipulation that any and all previous versions are deleted and removed.

5.6 BlackDiamond Casino and its licensors make no guarantee or warranty regarding the use or performance of our software.

5.7 By acceptance of terms and use of software, the user agrees not to alter, modify, disassemble or in any way attempt to utilize the software for any other purpose than it's intent. The user also agress not to transfer software to any other country, or initiate the use of software for any means prohibited by the terms of this agreement and/or applicable laws and regulations. Additionally, you agree not to enable or attempt to enable the use of our software to any other person by use of emulators or other means.

6. Exclusion of Liability

6.1 BlackDiamond Casino and its site and services, hereby referred to as "the Company" is free of liablility, loss, damages, or other expenses that result from entry and use of our website and materials therein, use of casino server, use of software, participation of games and/or acceptance of any prize from the Company. This exclusion of liability extends to include all employees, officers and directors of the Company, our licensees, distributors, wholesalers, affiliates, subsidiaries, advertisers, media partners, or other representative agencies of the Company.

6.2 Further, the Company and/or its licensors are exempt from liability for direct, consequential or incidental damages including but not limited to the loss of profit or funds during the use of our software or server. The Company shall remain free of indemnity with regard to claims by any third party, even in circumstances where the Company was advised of the possibility of said damages,

* The provisions above may not apply in specific jurisdictions where such exclusions and limitations are prohibited.

6.3 As outlined in section 3.1 of these Terms & Conditions, the Company is not repsonsible for losses incurred as a result of unauthorized use of account.

6.4 The Company is not liable for damages or loss of any kind that result from computer or Internet error or malfunction.

6.5 Our responsibility with regard to games or materials within the games that contain error is limited to the replacement of such. Any and all materials that are copied, mutilated, forged, reproduced either mechanically or electronically, modified, altered in any way, or obtained by any means other than those authorized by the Company are automatically void.

6.6 With regard to prize entry or claims, any and all materials submitted automatically become the property of the Company. Prize related submissions of any kind will not be returned and the Company is free of responsibility for postage due mail and/or any materials that are misplaced, lost, misdirected, postponed, impaired, incomplete, or damaged in any way.

6.7 While every reasonable effort is applied to safeguard the privacy of your identifiable information, the security of transmissions over the Internet cannot be guaranteed. The Company makes no such guarantee and assumes no responsibility or liability for incidental, consequential, punitive or any other damages resulting from the disclosure of your information in the event of errors in transmission, unauthorized access, or any other causes deemed beyond the reasonable scope of our control.

The Terms & Conditions set forth in our Terms of Service constitute the complete and final agreement between the Company and you, the user. All prior agreements and any other representations between the two parties are merged with or superceded by the Terms & Conditions contained herein. We reserve the right, at our discretion, to update, modify or amend this agreement or any portion thereof at any time and with no prior notice. We recommend that you review and acknowledge the contents of our Terms of Service regularly in the event of changes and purposes of clarity.

Terms of Use

NOTICE TO USER:

THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

This End User License Agreement accompanies the computer software delivered to you by AffiliateWide NV for use with the internet based gaming casino BlackDiamond of the Company. The term "Software" shall mean the computer software with which this End User License is delivered, related explanatory materials, and also shall include any upgrades, modified versions or updates of the software made available or delivered to you by or on behalf of the Company. Please read this Agreement carefully. You will be asked to accept this Agreement and continue to install or, if you do not wish to accept this Agreement, to decline this Agreement, in which case you will not be able to use the Software.

Upon your acceptance of this Agreement, the Company grants to you a nonexclusive license to use the Software for your personal use to access and utilize the Casino, subject to the following:

1. USE OF THE SOFTWARE. You may install the Software on a hard disk or other storage device and make backup copies of the Software, provided that you remove any previous versions or prior copies of Software from your hard disk or other storage device and destroy any backup copies thereof.

2. COPYRIGHT AND TRADEMARK RIGHTS. The Software is owned by the Company and/or its licensors, and its structure, organization and code are the valuable trade secrets of the Company and its licensors. The Software is also protected by copyright law and International Treaty provisions. Use of the Software does not give you any rights of ownership or any intellectual property rights in the Software or the Company's trademarks and/or other proprietary information contained in the Software.

3. RESTRICTIONS. You agree not to modify, adapt, translate, reverse engineer, de compile, disassemble or otherwise attempt to discover the source code of the Software or the Company's servers or to create, publish or distribute derivative works from the Software. The Software is licensed and distributed by the Company solely for the purpose of enabling end users of the Software to fully utilize the Casino. You may use the Software for online play only on at the Casino. You agree not to create or provide any means (including, without limitation, emulators) through which the Software may be used by others.

4. NO WARRANTY. The Software is being delivered to you AS IS and the Company makes no warranty as to its use or performance. THE COMPANY AND ITS LICENSORS DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE, THE COMPANY'S SERVERS, OR DOCUMENTATION. THE COMPANY AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE AND DISCLAIM THE SAME TO THE EXTENT PERMITTED BY LAW. IN NO EVENT WILL THE COMPANY OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, SUFFERED BY YOU BY REASON OF YOUR USE OF THE SOFTWARE OR ANY DEFECT IN THE SOFTWARE OR SERVER, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, or the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you.

5. PRIVACY PRINCIPLES. There are times when the Company may need to collect information from you through our Web site concerning your credit history and/or your hardware. The personally identifiable information gathered by the Company will provide the Company with information necessary to ensure that both the Company's and your interests are better served and protected. The Company is committed to protecting your personal information and respecting your privacy. Our goal is to give you as much control and information as possible regarding your personal information and the use the Company makes of it in the course of the Company's business. The Company will never sell, rent or disclose your personally identifiable information to parties other than the Company's licensors or service providers necessary or desirable for the operation of the Casino, without your consent unless compelled by law or court order to do so. Because of the complex and constantly changing nature of our technology and business, the Company does not guarantee error-free performance regarding the privacy of your personally identifiable information and the Company shall not be liable for any incidental, consequential or punitive damages relating to the use or release thereof.

6. GOVERNING LAW AND GENERAL PROVISIONS. The software is licensed by BLACK CHIP LIMITED and this Agreement will be governed by the laws of Cyprus , excluding the application of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by any applicable laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of the Company.

7. TERMINATION. The Company may terminate your license to use the Software at any time, with or without cause, forthwith without notice. Upon termination of this agreement for any reason, you will immediately delete the Software from the computer in which it is installed.

8. ENTIRE AGREEMENT This End-User License constitutes the entire agreement between us with respect to its subject matter and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, between the parties.