TERMS & CONDITIONS
Terms and ConditionsVersion 09-2016
Last update 19/12/2016
1.1 The contractual relationship is between you as a player (hereinafter “you” or the “player”) and Co-Gaming Ltd (ComeOn). ComeOn is incorporated in Malta having its registered office at Ground Floor and Level 1, Forth Mansions, Ta’ Xbiex Seafront, Ta’ Xbiex, XBX 1027, Malta (Company registration number C 47444).
The Net-Ent Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 13th October 2011, under license number MGA/CL1/619/2009.
The Microgaming Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 8th November 2011, under license number MGA/CL1/773/2011.
The Play n Go Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 19th May 2014, under license number MGA/CL1/964/2014.
The Evolution Live Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 3rd July 2014, under license number MGA/CL1/877/2013.
The Yggdrasil Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 5th May 2015, under license number MGA/CL1/1058/2014.
The Betsoft Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 7th July 2015, under license number MGA/CL1/1057/2014.
The Thunderkick Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 24th September 2015, under license number MGA/CL1/1094/2015.
The Relax Casino that is provided by Co-Gaming Ltd is licensed and regulated by a Maltese license. The laws of Malta shall apply. The license is issued by the Malta Gaming Authority (MGA), which is a regulatory body. The license was issued on the 24th September 2015, under license number MGA/CL1/1095/2015.
The Poker games are provided by Come On Curacao N.V. under the gaming license of Cyberluck Curacao N.V. granted by the Government of Curacao.
The Games OS Casino, the Playtech, the NolimitCity Casino and the SBTech Sportsbook are provided by Come On Curacao N.V. which operates under the gaming license of Antillephone Services N.V. granted by the Government of Curacao.
The WMS Casino is licensed under the Alderney Category 2 Associate Certificate number 136 C2A (Jadestone Networks).
1.2 ComeOn operates and maintains the website www.comeon.com (the "site"). The contractual relationship between you as a player (hereinafter "you" or the "player") and ComeOn, your use of the site and the games, and any other services provided by ComeOn is governed by these terms & conditions.
1.3 Playing at ComeOn is restricted to individuals of legal age as determined in the jurisdiction in which the player resides, being an individual who has registered as a player and who holds a player's account with ComeOn. Under no circumstances may a person register or play if he/she is under 18 years of age. If any funds are deposited by an underage individual, the funds as well as any winnings will be forfeited to the MGA.
1.4 The player understands and acknowledges that the games and any other services provided on the site are for entertainment purposes only. Any use of ComeOn for any other purposes or intentions is strictly prohibited. You hereby acknowledge that your interest in the games and other services provided by ComeOn is of a personal nature.
1.5 By registering with ComeOn you acknowledge and confirm your full acceptance of these terms & conditions and that you understand the rights and obligations that they set forth herein. Should a player not fully understand these terms & conditions, the player is advised not to register and not to participate in any of ComeOn's games and services. If the terms & conditions have been translated into various languages these reflect the same principles. However, in case of any discrepancies between the different language versions, the English version shall prevail.
1.6 ComeOn reserves the right to amend, vary or modify these Terms and Conditions. It is exclusively in ComeOn's discretion as to whether to give you notice of such amendment, variation or modification to the agreement between you and ComeOn. Where however such amendment, variation or modification is considered by ComeOn to be a material change, then ComeOn will provide you as a player with notice of such change. Should you not accept such change, you will no longer have a right to use the website. A material change is considered to be one that brings about a substantial limitation on your current rights.
1.7 The headings of these Terms & Conditions are for convenience only, are not part of the agreement, and do not affect its interpretation.
2. USE OF SITE AND SERVICES
2.1 In order to use the games and services provided by ComeOn the player has to register personally and must open an account, known as the player's account. Only one player's account is allowed per player. ComeOn reserves the right to refuse any application for a player's account.
2.2 Multiple accounts that are linked by the same device/household/IP address are not allowed. In case it is noted that there are similar accounts, any funds on these players’ accounts will be frozen. Furthermore, the customer accounts may be closed by ComeOn at its own discretion.
2.3 Any individual registering to become a player with ComeOn must provide
valid, complete and correct information to ComeOn. You hereby acknowledge that
if any of the information that you provide to ComeOn is false or incomplete,
your registration will be refused. Should you already be registered as a player
with ComeOn, ComeOn is entitled and required to cancel your registration as
a player and close your player's account, however contractual obligations already
made will be honored.
2.4 Upon registration the customer can either play for fun money or for real money.
2.5 Immediately after registration ComeOn sends out a verification email. Click on the link to verify your e-mail address.
ComeOn also offers mobile phone number verification tools where the customer can choose to verify his/her mobile number by requesting verification PIN that is sent directly to the mobile number by ComeOn. Verification is completed after the customer enters this PIN number into his/her ComeOn profile.
2.6 The player can view his/her personal details held by ComeOn at all times
and is also duty bound to maintain such personal details up-to-date, accurate
and complete. The player may make any necessary changes until such time when
verification documents have been requested by ComeOn. If ComeOn had already
requested for verification documents and the player needs to amend any personal
details then the player is to contact customer support who will update the details
on behalf of the player. Customer support may at any time request for
updated personal documentation to verify the changes requested by the player.
2.7 Upon registration, the player must select a username and a password. The username has to be 5-16 characters. The password has to be 5-15 characters and it's recommended that it include letters, numbers and special characters. Players must always log on using their username and password when accessing the site and their player's account. Players shall not allow any person, other than themselves, to use their player's account, to access and/or use any materials or information from the gaming system, to accept any prize, or to participate in any of the games.
2.8 The password should never be written-down or communicated to any other person, and should be changed on a regular basis. You are obliged to keep your account information, user-name and password secret and confidential and you are solely responsible for all use of the services through your user-name and password. In case you become aware of any known or suspected unauthorized use of your account or breaches of security you are required to immediately notify ComeOn hereof in order to suspend your player's account. Any unauthorized use of your user-name or password shall be deemed as your use and you are responsible for all charges to your account until such notification is made to ComeOn. Should a player give away, share, or lose his username and/or password, ComeOn will not be held responsible for any loss or damage as a result thereof.
2.9 A player's account can have the following status:
Open: A player's account can only be opened by the player and will remain open as long as the account is not closed by the player or ComeOn.
Closed: A player's account can be closed by the player (See section 3.2) or by ComeOn in accordance with these terms & conditions.
Deposits & withdrawals
2.10 ComeOn does not accept cash payments to the player's account.
2.11 ComeOn offers several different methods for making a deposit or withdrawal from player´s account. Further details on the options currently offered and any charges associated, can be found in the cashier section. Information regarding deposit and withdrawal limits, processing times, qualifications and processing fees can also be found in the cashier section. Your bank may independently charge you for bank wire transfers and other methods of payment.
2.12 ComeOn may appoint a payment solution provider to act, receive deposits, hold and manage funds, and/or expedite withdrawals on behalf of ComeOn.
2.13 Deposits have a wagering requirement. Hence, the minimum wagering requirement shall be to wager one time the deposited amount before a withdrawal can be approved.
2.14 ComeOn will not accept a wager from a player unless there are sufficient
funds in the player's account to cover the amount of the wager. ComeOn reserves
the right to refuse or limit any wager. The player will not be granted any credit
by ComeOn. Neither deposits nor winnings are interest-bearing, i.e. the player
will not receive any interest on the balance on the player's account. Players
are not entitled to make any transfers between players or between different
player's accounts. Furthermore it is not possible for the player to transfer
sell, buy or acquire any player´s account from any player to another, whether
for money or otherwise.
2.15 ComeOn will monitor all wagers and account transactions. All wagers are binding, even if the player had browser problems, Internet connection problems or other problems not caused by ComeOn. Any winnings will be credited appropriately to the player's account in the case that the player won. In the event of a game malfunction or use of the website in a way not intended by the design, all related wagers are considered null and void, and the player's account will be returned to its starting balance (the account balance prior to erroneous wagering activity).
2.16 In case a deposit made by a player is later refused authorization whether by the player himself or by the banking institution ComeOn reserves the right to temporarily block the player's account until further investigation and clarification.
2.17 Players may be presented with a list of required documents before making a withdrawal request. We will endeavor to process all requested withdrawals within 24 hours, providing that verification documents have been received. ComeOn reserves the right to refuse a withdrawal and request additional documents by email. Bonus money will not be paid out from the player's account. The minimum amount for a single withdrawal request is 20 Euro. Any withdrawal can be subject to random security checks to prevent fraudulent activity and money laundering.
2.18 ComeOn reserves the right to ask for verification documents at any time, and we can temporarily suspend your account until we receive the required documents. ComeOn carries out additional verification procedures and players having cumulative withdrawals exceeding 2,200 Euro will be requested to provide ComeOn with personal documentation, such as but not limited to copies of identification documents, utility bills, credit cards, bank statements etc. A player's account might be closed permanently and or a withdrawal may be refused if a player does not provide ComeOn with the required documents and or if the player is found to have supplied false or misleading information.
All documents that are sent to ComeOn are confidential and will be handled by special staff under the data protection regulations (Malta Data Protection Act Cap.440). The reason why ComeOn requires these documents is to guarantee the security for all players and to prevent money laundering.
2.19 If a player closes the player's account, all funds excluding any bonus money that might not be redeemable will be transferred to the bank account from where the funds originated.
2.20 ComeOn actively endeavors to combat money laundering. Withdrawals from a player's account to the player will be made to the account from which the transfer to the player's account was made.
2.21 If a player requests a bank withdrawal, the player may need to provide ComeOn with a bank statement that shows:
- The name (The name has to be consistent with the name that is indicated in the register at ComeOn);
- The account number
2.22 It is the players' responsibility to provide sufficient and accurate banking information for ComeOn to complete a transaction. If the information is not sufficient and accurate any additional fee´s or charges will be levied on the player.
2.23 ComeOn accepts deposits in different currencies. You must choose one currency as the currency of your players account. The currency cannot be altered after the registration is completed. Deposits received by ComeOn in any other currency other than the account currency will be converted into the account currency at the prevailing exchange rate.
ComeOn calculates and settles all matters involving exchange rates in accordance with recognized financial institutions at currently applicable exchange rates. Slight differences may occur between the agreed amounts and the recorded amounts due to variances between exchange rates.
2.24 Player to player transfers are prohibited.
Money Laundering & Collusion
2.25 All transactions are checked to prevent money laundering activity. All members of the customer support team and or payments team will receive adequate training in this regard. It is unlawful to deposit funds from ill-gotten means and all transactions will be checked to identify any such deposits made by users. Any suspicious activity will be reported to the MLRO of Co-Gaming Limited and to the relevant authorities. No employee will tip off or warn a suspicious player that the matter is being investigated.
2.26 ComeOn prohibits player collusion and takes active measures in prohibiting any use of robots or other devices that distort the normal game.
Last update 18/10/2016
2.27 All bonuses issued by ComeOn can only be used for playing and may not be transferred or paid out unless stated requirements within the bonus campaign are fulfilled.
2.28 You acknowledge and understand that separate terms and conditions exist with respect to promotions, bonuses and special offers, and are in addition to this agreement. These terms are outlined in the relevant promotions information/details pages.
2.29 All bonuses have an expiry date. If the bonus requirements are not fulfilled at the expiry date, ComeOn reserves the right to cancel or debit the bonus credits from the account.
2.30 ComeOn reserves the right to cancel/change/stop marketing promotions at any time without prior notice.
2.31 After the player agrees to participate in a bonus promotion, he/she may receive bonus money from ComeOn. The bonus money granted together with the real money that was used as qualification for the bonus money will be marked as applicable for game play in respect of that particular bonus only. This balance can only be used on products and games that are outlined in the bonus details page. Bonus requirements can only be fulfilled by playing real money bets on products and games that are outlined in the bonus details page.
2.32 The player has the right to cancel a bonus offer from his/her account. In this case all winnings generated by the bonus money will also be cancelled.
2.33 Multiple participations to the same bonus campaign from the same device/household/IP
address are not allowed. In case it is noted that there is abuse of bonuses
or any other
promotions, the bonus/promotion will be forfeited and any funds on the players account will be frozen. Furthermore, the customer account may be closed by ComeOn at its own discretion.
2.34 Voucher codes distributed by ComeOn triggers a bonus promotion to the player account where the voucher is used.
2.34 More detailed information on how bonus and voucher promotions work is available in the customer support knowledge base.
2.36 ComeOn reserves the right to withdraw any bonus money and VIP points from the player's account if the player has not logged in to his/her player account during the last six months.
2.37 ComeOn reserves the right to withdraw the Bonus and the resulting profits if any term of the offer or promotion have been breached, furthermore, it may also withhold any other funds held in the player's account to make up for any losses incurred by ComeOn due to the breach of the said conditions.
2.38 All bonuses, promotions and special offers have a wagering requirement. Unless specified in the terms and conditions of the relevant bonus/promotion information page then the minimum wagering requirement shall be to wager one time the deposited amount on the relevant bonus product before a withdrawal can be made. In case of any discrepancies’ between this clause and the bonus/promotion terms and conditions then the bonus/promotion terms and conditions shall prevail.
2.39 The maximum payout amount that any customer can request to withdraw after winning any amount related to any no-deposit welcome bonuses or free spins (excluding those winnings deriving from a deposit bonus) is €100 or the equivalent in other currencies. Any amount above €100 will be removed from your player account upon your withdrawal request.
2.40 ComeOn reserves the right to reverse the wagering that was increased when the bet that was placed with bonus money is cashed out, cancelled or void.
2.41 If the Bonus terms & conditions above have been translated into various languages these reflect the same principles. However, in case of any discrepancies between the different language versions, the English version shall prevail.
2.42 Currently ComeOn is unable to accept withdrawals deriving from poker winnings until Cake Entertainment N.V. settles such winnings to Come On Curacao N.V. Poker winnings which are equal or less than the total amount that the player has deposited during the last 30 days from the day the withdrawal request has been made shall however be accepted. Poker winnings which exceed the total amount that the player has deposited during the last 30 days from the day the withdrawal request has been made shall be subject to Cake Entertainment N.V. settling funds to Come On Curacao N.V. and hence shall be cancelled until further notice.
2.43 You are not allowed to place a bet on the following games whilst you avail from a bonus promotion and/or have a bonus balance in your account: Aliens, Robin Hood, Giant Panda, Untamed Crowned Eagle, and The Wishmaster. ComeOn reserves the right to remove any bonuses and/or close your account if you place a bet on the previously mentioned games while having bonus money in your account.
If you have any questions please contact our customer support.
3. PLAYER´S RESPONSIBILITY
3.1 In order to avoid excessive gambling a player will be able to place financial limits on the amount of spending, wagers and deposits.
3.2 The player may close his player’s account by sending such a request to our customer support team. The customer support team will then finalize the closing of the player’s account.
4. CUSTOMER CARE AND COMPLAINTS
4.1 The customer support team will provide support related to the site. Complaints are handled by ComeOn in accordance with the contact information found on the site. The following e-mail address can be used; support(at)comeon.com. All inquiries and complaints must be directed to the customer support team in writing or in electronic format. A complaint shall be deemed to have been submitted in a valid manner when it contains clear information regarding the player's identity and gives all relevant details giving rise to the complaint. In the first instance, a Senior Customer Support staff member will thoroughly investigate the matter together with the appropriate personnel or 3rd party vendors, as necessary, and will advise the customer of the outcome within 7 business days of receiving the official complaint. If the customer is still not satisfied with the outcome of the investigation, the dispute can be escalated to the Head of Customer Support who will give a final response to the dispute within 7 business days. If unfortunately, you are not content with ComeOn’s handling of your complaint you may submit your complaint to the regulating authority.
In respect of Net-Ent Casino, Microgaming Casino, Play n Go Casino, Evolution Live Casino, Yggdrasil Casino, Betsoft Casino, Thunderkick Casino and Relax Casino unresolved complaints you may contact the Malta Gaming Authority (MGA) on the e-mail address support.mga(at)mga.org.mt. Contact telephone number +356 2546 9000.
For all Poker related unresolved complaints you may contact licensing(at)cyberluck.com
For Games OS Casino, Playtech Casino, NolimitCity Casino and SBTech Sportsbook unresolved complaints you may contact sales(at)e-commercepark.com
For WMS Casino unresolved complaints you may contact the Alderney Gambling Control Commission (AGCC) via this link.
4.2 In the event that there is a discrepancy between the game variations as recorded in ComeOn's database, and that recorded by the player, the calls recorded in the ComeOn's game server will be considered valid.
4.3 Spamming of the customer support team (sending repeated copies of the same message) is prohibited. Players are prohibited from harassing or abusing the customer support staff. Players are requested to address their concerns without the use of obscenities or threatening language.
5. TERMINATION AND SUSPENSION
5.1 ComeOn reserves the right to close your player's account and/or the services provided by ComeOn with immediate effect and without prior notice if you fail to comply with any provision in these terms & conditions. In case your player's account is closed you may no longer use the site and/or the services provided by ComeOn. If your player's account is closed due to a material breach of these terms & conditions, ComeOn will honor previous contractual obligations however any winnings obtained after the breach in the said terms & conditions will be forfeited to the operator.
5.2 You agree to indemnify and hold harmless ComeOn and its officers, directors, employees, agents, licensors, suppliers and any third party content and service providers to the site from and against all losses, expenses, damages and costs resulting from your violation of the terms & conditions.
5.3 ComeOn reserves the right to charge an inactive account fee of 5.00 EUR or equivalent in the other currencies. An inactive account is a players' account having a real money balance that has not recorded any log in for a period exceeding 12 consecutive months. The administrative charge will be imposed on the player’s account. The first fee for an inactive account will be deducted following 12 months of inactivity. All consecutive fees for an inactive account will be deducted on a monthly basis until the player’s account balance reaches zero. All registered players will be notified at least 30 days prior to any fees being incurred that the inactive account fee is to be charged to their accounts. Holders of inactive accounts may instantly reactivate their accounts by logging in or withdrawing the funds within the 30 days' time window without incurring any fees. If after your account has become inactive, you access your account, ComeOn may consider reimbursement of the fees charged if you can prove that you could not access your account due to a reasonable cause. ComeOn reserves the right to increase the inactive account fee in line with the MGA.
5.4 If a players’ account having a real money balance has not recorded any log in for a period exceeding 30 consecutive months, it is said to be dormant. The balance on the players account, minus any bonus money, will be paid out to the player. If ComeOn is unable to contact the player, the money will be forfeited and paid out to the MGA.5.5 A player that has selected to close his player’s account could open this again by sending a request to the customer support team.
6. PERSONAL DATA
6.1 ComeOn is committed to protect your privacy and personal information. Personal and financial information of all players will be kept confidential. However, under applicable laws and gaming regulations ComeOn is required to maintain a secure online list of all registered players which may be disclosed to the authorities for scrutiny purposes. Hence personal data needed to identify a player and such player's gaming transactions will not be deleted even if a player's account is closed. ComeOn may retain such information for the period that is required in accordance with applicable laws and gaming regulations. Customer Service
representatives and other representatives of ComeOn may have access to the above mentioned data in order to provide quality customer service and to administer our business activities.
6.2 For the purposes of applicable data protection legislation the player hereby consents to the processing of any and all personal data (in manual, electronic or any other form) in connection with the player's transactions in relation to ComeOn. With the players' approval ComeOn may use personal details for marketing purposes. ComeOn undertakes that it shall not process any personal data relative to the player for any purpose other than for administrating the player's transactions with ComeOn and marketing as approved by the player.
6.3 ComeOn also has the right to disclose the player's personal information to relevant recipients if it is required to do so by law, or if ComeOn believes in good faith that such disclosure is necessary to: (1) comply with and legal process served on the licensee or its gaming service; (2) protect the safety of other users of the gaming service or the public ; (3) investigate any suspected violations of the terms & conditions or license agreement, fraud or other similar and/or unlawful activity performed by the player.
6.4 ComeOn website requires storing of small pieces of data, namely cookies, on the players´ hard drive. Cookies are used to provide a better gaming experience and faster browsing for the player. Usage of a cookie is in no way linked to any personal information of the player. Please note that ComeOn website can´t be used properly while cookies are disabled.
7. LOCAL LAWS AND PROHIBITIONS
7.1 It is the sole responsibility of the player to understand the laws in his/her jurisdiction of residence relating to all aspects of playing at ComeOn. Your access to the site is on your own initiative and you are responsible for your compliance with local laws if and to the extent local laws are applicable. ComeOn makes no representation that materials on the site or ComeOn's services are appropriate, available or allowed in your jurisdiction. ComeOn is unable to provide any legal advice regarding this matter and ComeOn accepts no responsibility whatsoever should an individual act in breach of any law or regulation in transacting with ComeOn in whichever manner.
7.2 Due to applicable laws persons who are residents in the following countries are expressly prohibited from using the site and playing games provided by ComeOn. By registering as a player, you confirm that you are not a resident in any of the following countries: USA (including its territories), France (including its territories), Ireland, Turkey, Curacao, Croatia, Spain, Hungary, Romania and Portugal. ComeOn holds the right to close all accounts opened by residents of these countries.
7.3 Currently ComeOn is unable to offer certain products to players residing from specific countries due to restrictions from the software providers:
- SBTech Sportsbook product is not offered to players residing in Australia, Bulgaria, Israel, Poland, Albania, Argentina, Armenia, Lithuania, Serbia, Tunisia, Ukraine and Uruguay.
- Games OS Casino is not offered to players residing in UK, Israel, Hong Kong, Cyprus, Italy and Belgium.
- Microgaming Casino is not offered to players residing in Singapore, South Africa, Denmark, Italy and Belgium. Microgaming game 'Snake Slot' is not offered to players residing in Israel. Microgaming games ‘River of Riches’,‘Dragon's Myth’, ‘Forsaken Kingdom’, ‘Legend of Olympus’, ‘Penguin Splash’ and ‘Scary Friends’ are not offered to players residing in Austria.
- NetEnt games are not offered to players residing in Afghanistan, Albania, Algeria, Angola, Belgium, Bulgaria, Canada, Cambodia, Denmark, Ecuador, Estonia, Guyana, Hong Kong, Indonesia, Iran, Iraq, Israel, Italy, Kuwait, Laos, Myanmar, Mexico, Namibia, Nicaragua, North Korea, Pakistan, Panama, Papua New Guinea, Philippines, Singapore, South Korea, Sudan, Syria, Taiwan, Uganda, Yemen and Zimbabwe.
- Net-Ent games 'Scarface' and 'Frankenstein' are offered only to players residing in the following countries: Albania, Andorra, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, Norway, Russia, San Marino, Serbia, Switzerland, Ukraine, Macedonia, Austria, Cyprus, Czech Republic, Finland, Germany, Greece, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Slovakia, Slovenia, Sweden and United Kingdom.
- NetEnt games ‘Hall of Gods’, ‘Arabian Nights’ and ‘Mega Fortune’ are not offered to players residing in Australia, Azerbaijan, China, Denmark, India, Israel, Italy, Japan, Malaysia, Qatar, Russia, Spain, Thailand, Tunisia, Turkey, Ukraine and United Arab Emirates.
- Evolution Live Casino is not offered to players residing in Bolivia, Myanmar, Cuba, Cyprus, Ethiopia, Israel, Kenya, Latvia, Sri Lanka and Syria.
- Playtech Casino is not offered to players residing in Belgium, Bulgaria, Cyprus, Estonia, Hong Kong, Israel and Italy.
- Cake Poker is not offered to players residing in the United Kingdom.
- Yggdrasil Casino is not offered to players residing in Afghanistan, Belgium, Denmark, Egypt, Eritrea, Estonia, Greenland, Guam, Holy See (Vatican City), Iran, Iraq, Kuwait, Malaysia, Marshall Islands, Occupied Palestinian Territory, Puerto Rico, Qatar, Singapore, South Africa, United Kingdom, Yemen, Zimbabwe.
- NolimitCity Casino is not offered to players residing in the United Kingdom.
- Betsoft Casino is not offered to players residing in the United Kingdom.
- Relax Casino is not offered to players residing in Cuba, Denmark, Hong Kong, India, Iraq, Iran, Libya, Myanmar, Macau, Korea, Northern Mariana Islands, Nigeria, Sudan and Zimbabwe.
- WMS Casino is not offered in Afghanistan, Antigua & Bermuda, Australia, Belgium, Canada, China, Cuba, Indonesia, Iran, Iraq, Israel, Japan, Libya, Malaysia, Palestinian Territory, Poland, Russia, Sudan, Switzerland and Syria.
If you have any questions please contact our customer support.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 All content on the site, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software is owned or licensed by ComeOn. You may not access, print and download portions of material from the site unless expressly permitted and then solely for your personal and non-commercial use. Information on the site may not be altered, distributed or displayed without the express consent of ComeOn.
8.2 ComeOn's trademarks, trade names and other symbols included or referenced on the site are protected by national and international trademark laws. All use of the marks is strictly prohibited without ComeOn's prior written approval.
9. LIMITATION OF LIABILITY AND DISCLAIMER
9.1 To the extent allowed under applicable laws, neither ComeOn nor any of its affiliates or service providers accepts any liability for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind arising from or relating to your access to and use of the site and/or the services provided by ComeOn. In no event shall ComeOn's total liability to you for all damages, losses, and causes of action exceed the amount paid by you to ComeOn.
9.2 ComeOn does not warrant that the site or the services provided by ComeOn will be uninterrupted or error-free. The site and the services are provided on an "as is" basis.
9.3 ComeOn reserves the right to change or modify the content of the site at any time without prior notification and will not be liable for possible consequences of such changes. ComeOn may suspend, discontinue or restrict access to any portion of the site and/or its services at any time and without notice.
10. MISSCARRIED, ABORTED AND CANCELLED GAMES
10.1 If ComeOn will have a system failure and the game will be corrupted because of this, all players will get their money back for purchased amount.
10.2 If ComeOn suspects fraudulent activity in any particular game, then Co-Gaming Ltd will have the right to cancel the game. Suspicious players in respect of the fraudulent activity will have their account blocked until further investigations. Any players not so suspected will have their wagered amounts in respect of cancelled games returned to their account. Any suspicious activity will be reported to the directors of Co-Gaming Limited. ComeOn will also have the right to close a game immediately if something wrong is identified with the game settings, and refunds for purchased bets will be paid out.
10.3 If, at ComeOn's sole determination, you are found to have cheated or attempted to defraud the service or ComeOn in any way including but not limited to game manipulation, chip dumping, transfers or payment fraud, or if you make untrue and/or malicious comments with regard to ComeOn 's operation in any media or forum, ComeOn reserves the right to publicize your actions as well as to circulate this information to other online gaming sites, banks, credit card companies, and appropriate agencies. Furthermore, ComeOn may close any accounts, and forfeit account balances, that you have at ComeOn or at any other ComeOn related website and/or business.
11. COME ON POKER
11.1 ComeOn hereby provides the player a personal, non-exclusive, non-transferable grant to use the software, but retains all proprietary rights to the software. All rights not specifically granted under the agreement are reserved by ComeOn and, as applicable, by ComeOn's licensors. The software grant is for the players' personal use only and confers no title or ownership in the software and should not be construed as a sale of any rights in the software.
Ownership of software
11.2 All rights, title, interest and intellectual property rights of the software are owned by ComeOn or its licensors, and may be protected by applicable copyright or other intellectual property and gaming laws and treaties. All rights not expressly granted under the agreement are reserved by ComeOn.
Use of software
11.3 You may only use the software in accordance with the agreement. You may only use one instance of the software on one computer at any time. You are not permitted to play at the same table or in the same tournament using multiple accounts from the same computer hardware, and doing such will be a direct violation of the agreement.
11.4 The software contains copyrighted materials, trade secrets and other proprietary material. You acknowledge that the software in source code form remains a confidential trade secret of ComeOn. You may not reverse engineer, decompile, modify, publicly display, prepare derivative works based on, disassemble, or otherwise reproduce or provide others with the software. You may not sell, assign, sublicense, rent, lease, lend, or directly or indirectly transfer the software to any third party. Any assignment in violation of the agreement is void.
Change in software functionality
11.5 By accepting the terms of the agreement, you agree that ComeOn is permitted to limit, deny, update or cancel some or all of the functionality of this software at any time, without prior notice. You agree to bear the risks of and hold ComeOn harmless for any and all effects that a change in functionality may have on your ability to use the software. ComeOn may require, as a condition to your continued access to services, your acceptance of software improvements, corrections, adaptations, and conversions to more recent software versions or any other changes to the software.
Robots, artificial intelligence and other systems
11.6 It is strictly forbidden to use any automated software or computer system in conjunction with the services, including the action of sending information from your computer to another computer where such software or system is active. Poker-robots or any software designed to play automatically at poker sites is not allowed. At any time while you are using the services, the software may scan your computer for any activity of such software and systems. Also forbidden is the use of any software during the game that is designed to track and display the actions of the other players on the site or any system or service to transfer funds to or from a player's ComeOn account to their account at any other site or the deliberate "dumping" of chips between any ComeOn accounts. It is also strictly forbidden to use any programs which display the playing history, statistics, or tendencies of other players in conjunction with the services, other than systems where:
- Hand histories obtained by the User him/herself via their own play is used. Users cannot import hands;
- Hand histories which were obtained from opponents with the screen name which matches the screen name which was used while the hands were actually played.
Note: Use by players of external player assistance programs which are designed to provide players with an unfair advantage over their opponents are expressly prohibited. ComeOn defines external player assistance programs as computer software and non-software-based databases or profiles and deems access to or the ability to gather data or information on other players by any means that would not be accessible via their own first-hand experience to be "unfair". Usage of such methods will result in the closing of your account and be subject to confiscation of your winnings and funds. ComeOn reserves the right to publicize information of any such documented abuse including your personal information.
11.7 Fun money is not real (bona fide) money and is kept separate from real money. Fun money does not constitute or represent any value whatsoever. Fun money can only be used for playing at fun money tables and cannot be collected, cashed out or in any other way be made into or transferred between ComeOn and you or any other person or legal entity.
11.8 By accepting the agreement, you agree to allow ComeOn to reward you with gold cards for your real money ring game play. In the event that a prize(s) is announced for a gold card(s) that you possess at the time, it is your responsibility to redeem the gold card(s) before the published time of expiration. No gold card(s) will be allowed to be redeemed for a prize once the prize time has expired. Your gold cards will not expire and will remain in your account, so long as the account is not abandoned. More information about gold cards can be found in the poker client.
11.9 By accepting the agreement you agree to allow ComeOn to reward you with gold chips based on the rules set forth on the Sites. Your gold chips will not expire and will remain in your account, so long as the account is not abandoned. More information about gold chips can be found in the poker client.
- You may not chat about a game while it is in progress;
- You may not use chat to offer advice to another player during a game, or urge a player to take a particular course of action;
- You may not chat about any folded cards held during a hand or any current cards you are holding during a hand;
- You may chat only in the English language and the table specific language as may be designated by ComeOn at its sole discretion;
- You may not use foul, abusive or threatening language.
12. CHAT FUNCTION
12.1 ComeOn chat function is an online service which allows you to communicate in real time with our customer care in order to provide you with a better quality customer service.
Code of Conduct
12.2 You agree to use the ComeOn Chat Service in accordance with the following Code of Conduct:
- You will not use the ComeOn Chat Service to engage in any form of harassment or offensive behavior, including but not limited to abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
- You will not use the ComeOn Chat Service to infringe the privacy rights, property rights, or any other rights of any person;
- You will not submit any kind of material or information that is fraudulent or otherwise unlawful or violates any law;
- You will not use the ComeOn Chat Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;
- You will not use the ComeOn Chat Service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Service or to other members' systems in any way;
- You will not post or transmit in any manner any contact information including,
but not limited to, email addresses, "instant messenger" nicknames, telephone
numbers, postal addresses, URLs, or full names through your publicly posted
12.3 You will be solely responsible for anything and everything you submit
to the ComeOn Chat Service. We cannot assume any responsibility or liability
over any material or content published by you or other users on the Service.
The responsibility over any published material
or content lies solely on the user that submitted it to the Service.
12.4 ComeOn reserves the right to monitor anything and everything submitted by you to the ComeOn Chat Service to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.
12.5 ComeOn reserves the right to terminate or suspend your access to the ComeOn Chat Service at any time, with or without notice, for any reason. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the ComeOn Chat Service at our sole discretion, and you may be referred to the relevant authority.
13. COME ON CASINO
13.1 ComeOn Casino is powered by Net-Ent, Microgaming, Games OS, Playtech, Play’n Go, Evolution, Yggdrasil, NolimitCity, Betsoft, Thunderkick, Relax and WMS.
13.2 At ComeOn casino you can choose if you want to play for real money or just for fun (with fun money). A good idea can be to start playing with fun money and join the real money games once you feel confident with the software.
13.3 More information about the games can be found under game rules in the casino.
13.4 In addition to these Terms and Conditions if you have chosen to play games provided by Playtech Casino then you shall also be subject to the specific terms of the Playtech End User License Agreement
14. COME ON SPORTSBOOK
14.1 ComeOn Sportsbook is powered by Sports Betting Tech.
14.2 Players cannot cancel or change a bet once the bet has been placed and confirmed.
14.3 ComeOn accepts bets made online. Bets are not accepted in any other form (email, fax, etc.) and where received will be void - win or lose.
14.4 ComeOn reserves the right to refuse/cancel any bet or part of a bet before the game starts without providing any justification.
14.5 ComeOn reserves the right to void any or all bets made by any person or group of persons acting in an attempt to defraud us. If there is evidence of a series of bets, each containing the same selection having been placed by or for the same individual or syndicate of individuals, ComeOn reserves the right to make such bets void and suspend relevant accounts. This rule applies to both settled and unsettled bets.
14.6 Winnings will be credited to player's accounts following confirmation of the final result.
14.7 ComeOn reserves the right to void any bet that may have been accepted when the account did not have sufficient funds to cover the bet. If an account has insufficient funds as a result of a deposit that has been cancelled by the payment processing party, ComeOn reserves the right to cancel any bet that may have been accepted retroactively.
14.8 Should funds be credited to a client's account in error, it is the player's responsibility to notify ComeOn of the error without delay. Any winnings subsequent to the error shall be deemed invalid and returned to ComeOn.
14.9 Bets will be accepted up to the advertised start time. If a bet is inadvertently accepted, which includes an event after its start time, the match/bet will be treated as a 'non-runner'.
14.10 Multiple bets that combine different selections within the same event are not accepted where the outcome of one affects or is affected by the other. If such a bet is taken in error, the bet will be cancelled.
14.11 "If bets" are settled in the order that they appear on your betting slip, until all the money set aside has been used. If the money staked or carried forward onto the next selection is insufficient to follow your instructions, then that selection will be settled in proportion to the amount available.
14.12 ComeOn does not accept any responsibility for typing, human or palpable errors, which lead to obvious price errors. In such cases all bets will be deemed void.
14.13 ComeOn will not be responsible for any damages or losses deemed or alleged to have resulted from or been caused by the website or its content including without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or line failure, any person's misuse of the site or its content, or any errors or omissions in content.
14.14 The maximum winning to any customer on any day for bets placed on this website is £100,000 or equivalent.
14.15 The minimum amount for a bet is 0.40 GBP or the equivalent in other currencies.
14.16 ComeOn reserves the right to offer on certain bet types lower odds than on single bets.
14.17 All bets will be processed once the bet has been placed and the acceptance confirmed.
14.18 Although every effort is made to ensure that information displayed on site with regards to an event is correct, it is to be used as a guide only. In the event of any particular information (score, time of game etc.) being incorrect we assume no liability for this. Please refer to our betting rules for information on how we settle individual markets.
14.19 When an event is cancelled, all bets referring will be cancelled automatically and the related accounts will be refunded.
14.20 Winnings from bets placed by German residents will be deducted by an amount equivalent to 5% of the total winning. This amount will be deducted directly from the winning and the winning will be paid net (so-called retroactive deduction of odds).
14.21 More information on Sportsbook can be found under rules section in the Sportsbook.
14.22 Only one free bet is available per customer, per campaign, unless otherwise stated.
14.23 Unless otherwise stated in our communication, free bets must be placed on a selection with odds of 1.50 or higher. Should there be uncertainty surrounding the minimum use requirements of your free bet, these terms and conditions shall prevail.
14.24 Unless otherwise stated in our communication, free bets have an expiry date of 7 days from the day it was credited on account. If the free bet offer is not fulfilled at the expiry date, ComeOn reserves the right to cancel the free bet.
14.25 Free bets cannot be exchanged for real money or any other bonuses.
14.26 The free bet part of your stake is not included in any returns.
14.27 Free bet offers are limited to one per person, family, household address, email address and shared computer. In case it is noted that there are similar accounts abusing free bets, ComeOn reserves the right to withdraw the availability of free bet offers from such accounts. Furthermore, the customer accounts may be closed by ComeOn at its own discretion.
14.28 Free bets cannot be split. It must be used with its full amount on either one single bet or one multiple/combo bet.
14.29 If you choose not to use the full amount of your free bet, the remaining amount will be forfeited.
14.30 Due to abuse of free bet offers, customers who deposit using Neteller or Skrill will not be eligible for any free bet offer.
14.31 If any of the terms are breached, or there is evidence of fraudulent behavior, or a technical issue is detected, ComeOn reserves the right to void free bets or any bets funded by bonuses.
15. COME ON POINTS
15.1 ComeOn reserves the right to change the terms and conditions and rules for the Points Program at any time. These changes might relate to, but are not limited to, how the points are generated, how many points are generated and how the points can be spent.
15.2 ComeOn Points are designed to give benefits to ComeOn players as they use the site and play on different products. In case ComeOn suspects you are generating points by making continuous risk-free actions, solely in the purpose of generating additional points, these points can be regarded as having been generated in bad faith and as such shall be removed from the users' account by ComeOn.
15.3 You can earn ComeOn Points in many different ways. These are described within the relevant help pages. You can always contact Support for more information.
15.4 Most of the points you have generated are available for immediate use. There are few exceptions where your points will be credited to your points balance once a day. You can review all details of your point's earnings in your Points page.
15.5 ComeOn Points cannot be transferred between players.
15.6 For practical reasons all points are rounded to the nearest decimal when presented. The underlying calculation is always based on two decimals.
15.7 You can spend your points only in the ComeOn Shop. From time to time, ComeOn can alter the products (Lotteries, Merchandise, Donations, Promotions and others) offered in the Shop. ComeOn reserves the right to offer different products to different players. All products in the shop have a Point value that the player must pay in order to purchase that product. ComeOn reserves the right to cancel an order and give back the points to the player.
15.8 Your points will expire if you generate no points for 9 months and all the points will be removed from your account.
15.9 You have to give us correct information when you order products from the Shop. ComeOn is not responsible for any products that are lost or not delivered due to wrong information supplied by the player.
15.10 Point Lotteries might give away cash prizes. You can buy as many lottery tickets as you wish. You can also win multiple prizes from the same Lottery. Winners are drawn randomly from the participating players in the Lottery.
15.11 To participate in any Point Lotteries you must have affected at least one real money deposit onto your ComeOn account by not later than the actual draw date and time of that particular lottery published on the Comeon website. ComeOn reserves the right to suspend, cancel or withdraw any winnings deriving from such Lotteries if no deposit has been made prior to the draw date and time.
15.12 ComeOn reserves the rights to provide substitute prize(s) of similar value should the specified prize(s) become unavailable on the lottery draw date or for reasons beyond its control. Cash or credit alternatives will be offered. None of the prizes are transferable.
15.13 Prizes are specified in the ComeOn shop page. Prizes are subject to terms and conditions including the general terms of Co-Gaming Ltd.
15.14 The winner(s) may be required to participate in publicity connected with such Lotteries and it is a condition of entry that the winner(s) agree to their name, photo, country of residence and interview being made publicly available if they win.
15.15 ComeOn reserves the right to suspend, cancel or amend any promotion and/or review and revise these terms and conditions at any time without giving prior notice and by continuing to take part in the promotion subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
15.16 ComeOn will not be liable for any loss or damage whatsoever (including but not limited to indirect or consequential loss) or for personal injury which is suffered or sustained in connection with any promotion or as a result of accepting the Prize.
15.17 ComeOn will attempt to notify the winner within up to 30 days after the closing date for entries to the lottery, or as otherwise indicated in the ComeOn shop page, and where time is of the essence for such a period as ComeOn shall in its absolute discretion deem reasonable. He/she will be contacted on the phone/mobile number, by SMS text, by email or postal address provided upon registration. The winner will have a specified fixed time period in which to claim his or her prize. If ComeOn is unable to notify the winner, or if the winner fails to respond within the fixed time period as specified (30 days) and/or provide an address for delivery of the prize, this may result in forfeiture of the prize and ComeOn reserves the right to select an alternative winner.
15.18 ComeOn reserves the right in its sole discretion to withhold delivery of the prize until such proof of eligibility and identity has been confirmed or if such proof is not produced on request, ComeOn reserves the right to disqualify the entrant from the competition.
15.19 In the event of fraud, abuse, and/or an error affecting the proper operation of this Lottery, ComeOn reserves the right to end or suspend the Lottery; amend these terms & conditions and declare void the notification of winner(s).
15.20 Donations will be requested by the player and be carried out by ComeOn. ComeOn will ensure that the donation is made properly and the player that has requested the donation has received official confirmation from the relevant organization.
15.21 Taxes, if any, on any Prize is Players sole responsibility.
16. Refer a Friend
Effective date 13/09/2012
Last update 13/09/2012
16.1 The ComeOn "Refer a Friend Program" ("RAF Program") provides an opportunity for all our players with valid accounts to promote the ComeOn site to all your friends. To put it simply, if you refer a friend to ComeOn, who then creates an account and fulfills all the necessary requirements, you will earn ComeOn Points .
16.2 In general, to earn ComeOn Points via the RAF Program the following is applicable to each participant:
- "Referrer" is the person inviting his friends to the ComeOn site and "Referred Friend" is the person being told about ComeOn;
- The Referrer's account must be active and with total deposits of at least 20 Euro or equivalent in other currencies;
- The Referred Friend must successfully create a valid ComeOn account (full registration);
- The Referred Friend must make an approved deposit of not less than 20 Euro and generate an accumulating 5,000 ComeOn Points to reach a "Completed Referral Status";
- The Referred Friend must not have had a previous ComeOn account or be a current ComeOn player;
- ComeOn prohibits creation of false accounts or any use of robots or other devices that may distort the RAF Program and are in violation of the ComeOn general terms and conditions;
- While participating in the RAF Program, players shall not: send any "spam" or otherwise illegal emails; create bulk communications of any kind in any medium (e.g. mass text blasts; automated postings on Internet forums / instant messages / phone calls); violate any local, state, or federal laws or regulations when attempting to create a referral; or otherwise engage in any obscene, objectionable, disparaging, defamatory, vulgar, pornographic, racist, sexist, or illegal behavior in connection to a referral(s). In the event a player engages in any of the foregoing prohibited activities, ComeOn, at its sole discretion, may terminate the player's account; prohibit further participation in the RAF Program, and/or forfeit any funds in the players account. In addition, the player hereby releases, indemnifies, and holds ComeOn and its officers, directors, employees, agents, licensors, suppliers and any third party content and service providers to the site harmless from any and all claims that may arise as a result of such prohibited activities.
16.3 RAF Program Points
Each time a player generates a referral in conformance with the requirements set forth above which results in a completed referral status, that player earns ComeOn Points. More detailed information on how the RAF Program Points work is available in the Refer a Friend page on our website.
16.4 If no transaction has been recorded in the Referrer's account for a period of more than 3 months, the account is said to be inactive. In such an instance all RAF Program Points generated by the Referrer shall be put on hold until such account becomes active again.
16.5 The term ("Term") of the RAF Program shall commence on the effective date above and continue for one (1) year. Following the Term, ComeOn, at its sole discretion, shall have the right to renew the Term (each, a "Renewal Term") for additional one-year periods. During the Term and any Renewal Term, ComeOn reserves the right to suspend, cancel or amend the RAF Program and/or review and revise these terms and conditions at any time without giving prior notice. By continuing to take part in the RAF Program subsequent to any revision of these terms and conditions, entrants shall be deemed to have agreed to any such new or amended terms.
16.6 Any player or other individual who attempts or otherwise encourages, directly or indirectly, referrals under multiple identities, and/or uses multiple computers, multiple Internet Protocol or email addresses, so-called "proxy servers," or any software program to manipulate or create multiple identities/referrals, or uses any other device, method, or artifice to create or encourage, directly or indirectly, false referrals, as determined by ComeOn, will be disqualified from further RAF Program participation and the player's account may be terminated. In the event of such an occurrence, all RAF Program Points earned by the player as a result of fraudulent activities shall be rendered null and void. ComeOn, at its sole discretion, reserves the right to review and investigate all RAF Program activities and to take any and all measures it deems necessary to ensure a fair, ongoing, RAF Program promotion. ComeOn shall have the right, at its sole discretion, for any reason (including, but not limited to, infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the RAF Program) to cancel, terminate, modify or suspend the RAF Program.
17. RESPONSIBLE GAMING
17.1 ComeOn wants to ensure that players enjoy their experience when they visit the site. That's why we ask you to bet responsibly. Betting can be great entertainment, but maybe addictive thus why we request you to stay in control. We will always endeavor to help you if you find yourself in difficulties. In order to help you bet sensibly we have put in place a number of measures to assist you to gamble sensibly.
17.2 Financial Limits: ComeOn provides tools to help control your gaming. You can establish limits on (1) the amount you spend (net deposits = deposits – withdrawals); (2) the amount you deposit (sum of all deposits) and (3) the amount you wager (sum of all game play) over a given period, be it daily, weekly or monthly. A requested limit will have effect immediately the first time it is submitted or in case a prior limit is lowered. If the limit amount is increased or terminated, such change will have effect after a seven day cooling off period. Further information can be found in the Account Limits section under “Account Settings”.
17.3 Self Exclusion: If you want to take a break from gaming for a while, you can exercise the right to exclude yourself from playing at ComeOn by sending such a request to our customer support team. You can choose either a short period (1 day, 3 days, 7 days, 1 month or 3 months) or a long exclusion period (6 months and over). If you wish to change or terminate this option, such change will have effect after a seven day cooling off period.
17.4 Reality Check: ComeOn also provides you with an automatic reality check to get a clear indication of how long you have been playing on our games in a session. This feature will also allow you to see your wins and losses for that current session.
The customer support team will be more than grateful to help you set your own limits. In the Responsible Gaming section (under Independent Organizations) you will also find contact details where to seek for further professional advice with compulsive gambling problems.
18. DISCLAIMER OF WARRANTIES
18.1 Your use of the services is at your own risk. The services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, ComeOn, its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, licensors, and agents hereby expressly disclaim any and all representations and warranties of every kind, whether express or implied, regarding the services, its content, and any information or other materials provided by ComeOn in connection with use of the services, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and those
warranties arising by law, statute, usage of trade, or course of dealing.
ComeOn makes no warranty that:
- The services will meet your requirements;
- The services will be uninterrupted, timely, accurate or error-free;
- The servers that make ComeOn's service available are free of viruses or other harmful components;
- Any errors in our software will be corrected.
The security mechanisms incorporated into the services have inherent limitations and you acknowledge and agree that any material and/or data downloaded or otherwise obtained through use of the services is done at your own discretion and risk and that you will be solely responsible for any damages to your computer system and any other property item or loss of data that results from any such activity.
The disclaimers contained in this paragraph are a material part of the agreement.
Some jurisdictions do not allow the exclusion of implied warranties. Accordingly, some of the above exclusions may not apply to you.
19. LIMITATIONS OF LIABILITY
19.1 To the fullest extent permitted by applicable law, under no circumstances, shall ComeOn or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners, or licensors, be liable for any injury, loss, claim, damage or any indirect, incidental, special, punitive or consequential damages of any kind, or any damages whatsoever, including, without limitation, damages for loss of income, use, data, goodwill or other intangibles, whether or not advised of the possibility of such damages, and on any theory of liability (including negligence), arising out of or in connection with:
- Your use or inability to use the service;
- Goods, data, or services received through or advertised on the sites;
- Information received through the sites;
- Mistakes, omissions, interruptions, suspension, termination, deletion of files or e-mail, damages to computer systems or equipment or other property, unauthorized access to or alteration of your transmissions or data, errors, defects, viruses, delays in operation or transmission, or any failure of performance with respect to the site, including, without limitation, those that result from acts of god, communication failures, theft, destruction, or unauthorized access to ComeOn's records, programs or services;
- Statements or conduct of any third party on the services;
- Any other matter relating to the services.
If you are dissatisfied with the service or the content available thereon, or with any of these terms of service, your only remedy is to discontinue using this services. The limitations of liability contained herein are a material part of the agreement.
Notwithstanding the foregoing, if ComeOn or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors should be found liable for any loss or damage which arises out of or is in any way connected to the site, the liability of ComeOn, or its officers, directors, employees, shareholders, parents, subsidiaries, affiliates, agents, partners or licensors shall in no event exceed, in the aggregate, Euro 50 (Fifty).
19.2 ComeOn shall not be responsible or liable for any loss or corruption of data or content that you may experience while using the service or otherwise. This includes, without limitation, the loss or corruption of data or content resulting from:
- Network, system, or server "crashes" or outages, or other power outages;
- Damage caused by viruses, worms, or security breaches, file corruption;
- Any other cause.
ComeOn assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, or use of, the services.
20. FORCE MAJEURE
20.1 Any failure or delay by ComeOn in the performance of its obligations of its services shall not be deemed a breach of its obligations to you if such failure or delay to the extent is caused by fire, flood, earthquake, elements of nature, public utility electrical failure, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, strikes, lockouts, or labor difficulties, court order, outage, delays or disruptions of the Internet or telecommunications networks, third party nonperformance or any other similar cause beyond the reasonable control of ComeOn. ComeOn does not accept any liability for the consequences arising out of any such force majeure events.
21. APPLICATION OF THE TERMS & CONDITIONS
21.1 These terms & conditions constitutes the entire agreement between you and ComeOn and supersedes any and all prior and existing agreements regards to the site and the services provided by ComeOn. You acknowledge that ComeOn has not made any representations, promises or agreements to you relating to the subjects addressed by the terms & conditions that are not embodied herein.
22. GOVERNING LAW AND DISPUTES
22.1 By accessing the site and/or registering as a player with ComeOn you agree that all matters relating to your access and use of services provided by ComeOn shall be governed by and construed in accordance with the laws of Malta. Any dispute arising out of your use of the site and/or ComeOn's services shall be settled by the courts of Malta and you hereby agree to submit to the exclusive jurisdiction of such courts.