END USER LICENSE AGREEMENT
THIS WEBSITE USES THE GAMING SOFTWARE PLATFORM (THE "SOFTWARE") OF GAMING INNOVATION GROUP ("GIG") WHICH IS OPERATED BY PLAYSTAR NJ LLC AND LICENSED BY AC OCEAN WALK, LLC (dba OCEAN RESORT CASINO) (“OCEAN”) LOCATED AT 500 BOARDWALK, OCEAN CITY, NJ 08401 (UNLESS THE CONTEXT INDICATES OTHERWISE, GIG AND PLAYSTAR NJ LLC ARE HEREINAFTER REFERRED TO COLLECTIVELY AS THE "COMPANY", "WE", "OUR", "US" OR "PLAYSTAR"). UPON DOWNLOADING OR OTHERWISE USING THE PLAYSTAR ONLINE GAMING MOBILE APPLICATION AND ACCESSING THE WEBSITE(S) (AS HEREINAFTER DEFINED) AND THEIR CONTENT (THE “SOFTWARE”), YOU ENTER INTO THE FOLLOWING LEGALLY BINDING AGREEMENT (“THIS AGREEMENT”) WITH US, WHICH ACTS TO GOVERN YOUR USE OF THE SOFTWARE AND THE WEBSITE(S).
YOU ARE ENCOURAGED TO READ THIS AGREEMENT CAREFULLY TO ENSURE YOU UNDERSTAND ITS CONTENT FULLY. SHOULD YOU BE UNSURE OF YOUR RIGHTS AND OBLIGATIONS AS A RESULT OF YOUR ACCEPTANCE OF THIS AGREEMENT, YOU ARE ADVISED TO CONSULT AN ATTORNEY OR OTHER LEGAL ADVISOR IN YOUR JURISDICTION BEFORE FURTHER USING THE WEBSITE(S) AND ACCESSING THEIR CONTENT.
BY CHECKING THE "I AM 21 OR OVER, I ACCEPT THESE TERMS & CONDITIONS" TICK BOX DURING THE PROCESS OF REGISTERING YOUR ACCOUNT, YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATIONS IN ORDER TO ENTER INTO CONTRACTS, AND WAIVE ANY RIGHTS OR REQUIREMENTS UNDER APPLICABLE LAWS OR REGULATIONS IN ANY JURISDICTION THAT REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOU ALSO CONFIRM THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SHOULD YOU WISH NOT TO ACCEPT ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CHECK THE "I AM 21 OR OVER AND I ACCEPT THESE TERMS & CONDITIONS" BOX. INSTEAD, CEASE THE REGISTRATION OF AN ACCOUNT, AND DO NOT DOWNLOAD, INSTALL, OR OTHERWISE USE THE SOFTWARE, SERVICES (AS HEREINAFTER DEFINED), OR THE WEBSITE(S).
1.1 PlayStar NJ LLC, with its principal place of business located at Suite 1110, Newport Office Center I, 111 Town Square Place, Jersey City, New Jersey, 07310, operates the website domain nj.playstar.com (the "Website(s)"). The Company is licensed and regulated by the New Jersey Division of Gaming Enforcement (the "Division") for the purposes of operating and offering real-money, Internet-based and/or mobile application-based interactive gaming services (the "Services").
1.2 Upon Your ("End User", "User", "You", "Your", "Player" or "Patron") use of the Website(s), the Software, or the Services, this Agreement will apply.
2. ACCEPTANCE OF TERMS AND CONDITIONS.
2.1 Upon Your registration of Your PlayStar account (“Account”) with the Company via the Website(s), and/or by using the Software and the Services via the Website(s), and/or by checking the "I am 21 or over and I accept these Terms & Conditions" box during the account registration process, You agree to be bound by this Agreement in its entirety and without reservation, constituting a binding legal agreement between You and the Company that governs Your use of the Website(s), the Software, and the Services at all times. You may obtain a written copy of these Terms & Conditions by printing this screen from your web browser. A written copy may also be requested by submitting an email request to [email protected].
2.2 The operation and offering of the Website(s) and its Software and the Services is performed by the Company in conjunction with an Internet Gaming Permit issued by the Division to PlayStar NJ LLC.
2.3 The Software is available in both downloadable or non-downloadable form, allowing You to use the Services available via the Website(s) and other user interfaces, including, but not limited to, mobile devices. In its sole discretion, the Company reserves the right to suspend, modify, remove or add to the Website(s), the Software, and/or the Services, subject to any statute, regulations, or direction from the Division, with immediate effect and without notice. The Company shall not be liable for any loss suffered by You, including, but not limited to, any indirect, consequential, incidental, or special damages, resulting from any changes made to the Website(s), the Software, and/or the Services, and as such no claims shall be made by You against the Company.
2.4 You may only register and use one (1) account with the Website(s) and registration of an account with the Website(s) must be made using Your own legal name. Access to the Software and use of the Services may only be made via Your own Account. You shall never access the Software or utilize the Services through use of another account or allow another person to access the Software or use the Services using Your Account. You may not register an account using a Company, business, or enterprise name, or any name other than Your own name. If You: (i) attempt to register more than one account under Your or any other name; (ii) attempt to use the Website(s), Software or the Services through another person's account; or (iii) allow another person to access the Website(s) or the Software or use the Services using Your Account, the Company may take the following actions, including but not limited to: (a) block Your Account pending further investigation; (b) refund or refuse to refund any monies in Your Account at the Company's sole discretion; (c) inform the relevant authorities; (d) permanently close Your Account(s); and/or (e) restrict You from future use of the Website(s), Software and/or the Services.
3. YOUR ACCOUNT.
3.1 Your Account is for Your sole personal use only and must not be used for any professional, business, or commercial purpose. It is essential that You always maintain confidentiality and security of Your username and password and do not reveal these credentials to anyone else, regardless of your relationship to them. Any transaction made as a result of Your username and password being entered correctly will be considered valid regardless of whether or not You authorized the transaction.
3.2 If You have not accessed Your Account by logging in during a consecutive twelve (12) month period, Your Account will be regarded as a "dormant account", and, in accordance with relevant laws and regulations, any funds remaining, and any pending wagers, will be forfeited.
3.3 You may not sell or attempt to sell or transfer by any means to any other individual or entity any bonuses, chips, or other related items. The Company may suspend or block Your Account should evidence of such a sale or attempted sale be found, resulting in Your forfeiture of deposited funds, winnings, bonuses and/or rewards points, subject to Division approval.
3.4 We reserve the right to refuse or limit any bet, stake, or other wager that You make.
3.5 Upon Your reasonable request, the Company will furnish You with account statements that detail Your Account activity. You may obtain a written copy of your account and game history by your web browser. A written copy may also be requested by submitting an email request to [email protected].
3.6 You acknowledge that monies held in Your Account will not earn interest.
4. ALLOWABLE PARTICIPATION.
4.1 No person under the age of twenty-one (21) may register an account, download the Software or use the Services under any circumstances. Individuals twenty-one (21) years of age or older are referred to herein as "Legally of Age" and any person not Legally of Age who registers an account, downloads or uses the Software or Services will contravene the terms of this Agreement and the laws of the State of New Jersey. It is a criminal offense to permit or enable a person who is not Legally of Age to participate in Internet real money wagering, and any person facilitating the use by another person not Legally of Age of the Software or the Services will be committing a criminal offense and will as a result be prohibited from using the Software and the Services. The Company reserves the right, in its sole discretion, to request evidence of proof of age at any time in order to confirm that persons not Legally of Age are not utilizing the Software or the Services. If proof of age is not provided as requested or if the Company suspects that a person registering an account and/or using the Software or the Services is not Legally of Age, the Company has the right to close a person's account and forbid them from using the Software or the Services. Any deposits made by a person who is not Legally of Age will be reported to the Division and may be subject to forfeiture or other action as directed by the Division pertaining to the Act and the Regulations. The Company has the right not to refund any bonuses or winning funds provided to or gained in violation of this Agreement.
4.2 Your consent is expressly given upon registration of Your Account to allow the verification of the personal information You provided, such as Your name, the physical address where You reside, Your date of birth, Your driver's license or valid government-issued identity card, and Your social security number, in order to confirm: (a) Your identity; and (b) that You are Legally of Age. Third-party verification services may be used to verify Your personal information, including, but not restricted to, a credit reference agency or other identification verification services. Throughout the performance of these checks, the third-party verification services may keep a record of Your information, with such checks potentially affecting Your credit report. The objective of this is to confirm Your age, identity, and physical address. We reserve the right, without assuming the responsibility, to confirm that You have not suspended Your Account or gameplay previously or self-imposed responsible gaming limits (the "Responsible Gaming Limits") with another one of the websites operated by the Company or another New Jersey casino, or any similar program provided by a private or governmental agency. We reserve the right at any time to verify Your information by requesting certain documents to enable verification of Your email address and the payment methods used. Such documents may include but are not limited to: (a) an identity card such as a valid passport or state-issued photo driver's license; (b) proof of address such as a utility bill or bank statement; and (c) proof of payment method. Said documents may be sent to Us through a secure/encrypted file-transfer function in the Website(s)'s Cashier, through another location on the Website(s), or via the main casino cage on Ocean Resort Casino’s gaming floor. We reserve the right, at the Company's sole discretion, to request notarized document copies, with the documents stamped and validated by a public notary. If You do not comply with the Company's request for documents or if the provision of said documents is not to the Company's satisfaction, the Company will block access or close Your Account, withholding any funds that remain and refusing to refund any bonuses or winning funds provided to or gained by You. Any deposit funds in such account shall be returned to You within seven (7) business days from the date of account termination, unless prohibited by the Act or Regulations. In the event of the documents failing the Company's internal security authentication processes (for example, if it is suspected that the documents have been altered or are in any way attempting to mislead or misrepresent), the Company will not be obliged to accept such documents as valid, nor be obliged to provide feedback or explanations as to the reasoning of the Company's findings or causes for documents being rejected. The Company is within its right to request additional information from You in its sole discretion or as may be required by law, and Your access to the Website(s), the Services, or the Software will be restricted until Your age, identity, and location have been authenticated to the sole satisfaction of the Company.
4.4 Any persons employed in positions whereby they hold a casino key employee license ("Key Employees") in a New Jersey casino or in a Company that holds a license issued by the Casino Control Commission (the "Commission") or the Division are prohibited from participating in online gaming in the State of New Jersey, including using the Services or registering an account with the Company. As defined by the Division, Key Employees are any employee who is directly involved with the operation of gaming services, including, but not limited to, dealers, box persons, floor persons, security and surveillance employees. The Company assumes no responsibility to determine if You are a Key Employee and is not responsible should You violate the abovementioned stipulation, with the onus on You to determine if you are a Key Employee. It is also accepted that Company employees, including employees of PlayStar NJ LLC, GIG, their respective affiliates and immediate family members, are not permitted to register an account, use the Software or the Services, or participate in any of the Company’s promotions.
4.5 You agree to the Company making inquiries of You for any reason relating to the use of the Website(s), the Software, or the Services, including, but not limited to, Your identity, Your personal history, credit checks, and that You are not in child support arrears. Determined by each specific case, this could include, but not be restricted to, verification of Your account registration details such as Your name, address and age, verification of any financial transactions, and verification of Your gaming activity. Such inquiries may also be performed on social media sites and through the utilization of third-party companies. The Company is not obliged to inform You of such investigations and reserves the right to decide at its sole discretion to suspend or terminate Your account, withholding all funds.
4.6 The configuration of Responsible Gaming Limits is the customer’s sole responsibility, giving You the right to set Responsible Gaming Limits on the Website(s), with regards to a deposit limit, a spend limit, and a time-based limit, and in order to temporarily or permanently suspend Your use of the Services on the Website(s) (for no less than seventy-two (72) hours) as specified on the Player Protection page. Should you wish to modify Your Responsible Gaming Limits once they have been set, in order for Us to comply with the Regulations, you are required to wait until the expiry of Your current limit before the new limit can take effect. In the case of limits set in weekly increments, the weekly period will operate on a rolling basis.
4.7 You may also exercise your right to register Yourself in the New Jersey Casino Self-Exclusion Program, which gives You the option to place yourself on the "Division's Self-Exclusion List", preventing You from engaging in Internet gaming within the State of New Jersey. Further information can be found at the Division's website at https://www.njoag.gov/about/divisions-and-offices/division-of-gaming-enforcement-home/self-exclusion-program/.
5. LAW COMPLIANCE AND LOCATION VERIFICATION.
5.1 The Company will not be responsible for any unauthorized or illegal use of the Website(s), the Software, and/or the Services by You. You are advised to consult an attorney should You have any reservations about the legality of Your use of the Website(s), the Software, and/or the Services under the laws of any jurisdiction that applies to You. Through Your acceptance of these terms, You agree to assist the Company, to the extent You are able, by complying with all applicable laws, rules, and regulations.
5.2 Persons may not use the Website(s), the Software, or the Services for real-money play while located outside of the State of New Jersey. The use of the Website(s), the Software, and the Services of the Company is solely restricted to end users who are playing and betting real money while physically located in the State of New Jersey. Federal Law prohibits and restricts wagering on the Internet (including, but not limited to, such prohibitions and restrictions set out in 18 U.S.C. §§ 1084 et seq. (‘The Wire Act’) and 31 U.S.C. §§ 3163 through 3167 (‘UIEGA’)). It is a Federal offense for persons physically located outside of New Jersey to engage in Internet wagering through a New Jersey casino. By accepting this Agreement, You represent, warrant, and agree to ensure that Your use of the Website(s), the Software, and the Services will comply at all times with all applicable laws, statutes, and regulations.
5.3 You accept that You will remain physically within the State of New Jersey while engaging in any real-money play using the Website(s), the Software, and the Services. Geolocation services, including Xpoint, will make use of your location data. If you use such services, you consent to us transmitting, collecting, storing, and using your location data to determine your location and improve location based services. You may always withdraw this consent at any time by turning off the location settings on your mobile device, computer or tablet or by notifying us in writing that you would like to withdraw such consent.
5.4 During the account registration process, prior to accessing real-money gaming, You will be required to download a "plugin" from the Company's Geolocation Service provider. Through doing so, You provide consent for Your location to be verified via the aforementioned process each time You log into Your Account, as well as occasionally while You are logged in to Your Account.
5.6 You are afforded a personal, non-transferable, and non-exclusive right to use the Geolocation Service and any other data related accordingly. As provider of the Geolocation Service, Xpoint Tech and/or its licensors, retains all of their intellectual property rights in and to the Geolocation Service, and no title to any such property will be transferred to You. You agree not to expose, reverse assemble, reverse engineer, decompile, reverse decompile, reduce to human readable form, or otherwise attempt to extract source code from the Geolocation Service. You also agree not to modify the Geolocation Service, or any data related thereto, or incorporate into or with other software nor create derivative works or allow any third party to do the same. You agree to comply with all export and re-export restrictions and regulations of the U.S. Department of Commerce or other U.S. agency or authority, and not to transfer, or authorize the transfer of, the Geolocation Service to a prohibited country or otherwise in violation of any such restrictions or regulations.
5.7 You understand that no warranty from Xpoint Tech or its licensors is being made to You with regards to the Geolocation Service and any related data, and an express disclaimer of any implied warranties of merchantability or fitness for a particular purpose exists. Xpoint Tech and its licensors will not be responsible for any indirect, consequential, incidental, or special damages occurring as a result of the use or license of the Geolocation Service, regardless of the assumed liability (including, but not restricted to, negligence, tort, and strict liability).
5.8 You will not copy the Geolocation Service, or any data related thereto, with the exception of a single copy for back-up/archival purposes. Such copy must contain all of Xpoint Tech's and its licensor's notices with regards to proprietary rights.
5.9 You agree not to make available to third parties the Geolocation Service or any data related, nor use the Geolocation Service on behalf of third parties (including through file sharing, hosting, service bureau, application services provider, or any other service). You agree not to transfer or sublicense the Geolocation Service, or any data related thereto or allow the Geolocation Service or its data to become subject to any lien.
5.10 You will not remove, modify, or obscure any copyright or other proprietary notices incorporated on or in the Geolocation Service by Xpoint Tech or any of its licensors.
5.11 We reserve the right to use data from Xpoint Tech to assist in any investigation into Your Account activity.
5.12 You agree to comply with the Terms and Conditions of Google Maps, the Google Legal Notices and the Google Acceptable Use Policy, which may be updated periodically.
5.13 During the account registration process, you may choose to select the option of Strong Authentication which uses the email address You enter during the account registration process to send you an email with a code every time you log in. You will be required to enter this code in order to access Your Account.
6. INTELLECTUAL PROPERTY AND INFORMATION TECHNOLOGY.
6.1 All of the brand names that pertain to the Website(s) and the Services are owned by the Company, its affiliated entities, or its licensors (including PlayStar NJ LLC ) with respect to the Services, as are any other trademarks, service marks, domain names, trade names, and logos the Company uses irrespective of the platform ("Trademarks"), and in which the Company, its affiliated entities, and licensors (as applicable) reserve all rights. Unless otherwise expressly permitted, Your use of the Company’s Trademarks, or any confusingly similar marks, is forbidden.
6.2 The Company and its affiliated entities, licensors, and/or service providers own the rights to all other content such as, but not restricted to, the Software, games, pictures, graphics, images, photographs, audio, videos, music, animations, and text located within the Software or on the Website(s) or in connection with the Services (the "Site Content"). The Site Content is protected by copyright and/or other intellectual property rights. You are not permitted to modify any of the Site Content nor copy, display, distribute, reproduce, transmit, perform, license, publish, transfer, create derivative works from, or sell any Site Content or information or work contained in the Software or on the Website(s) or used in connection with the Services, unless expressly permitted herein. In no way shall you modify, delete, or remove any trademark or copyright notices, logos, or any other legal or proprietary designations located within the Site Content.
6.3 By using the Website(s), the Services, or the Software, You acknowledge that You possess no rights in the Trademarks or the Site Content and may only use them in the manner stipulated in this Agreement.
6.4 You are afforded by the Company the nonexclusive, non-sublicensable, nontransferable right to utilize the Software and Services in accordance with this Agreement. The code, structure, and organization of the Software are protected by the Company's intellectual property rights and require that You do not engage in the following ("Prohibited Activities"), whereby You do not: copy, modify, translate, publish, distribute, reverse engineer, decompile, disassemble, produce derivate versions of the source code, or in any other way attempt to derive the internal structure or functionality of the Software; sell, assign, transfer, distribute, sublicense, lease, or permit a security interest in the Software; avail the Software to a third party via a computer network or other such; export the Software to any country physically or electronically; utilize the Software in such a way as is prohibited by law, regulations, and/or this Agreement; proclaim or infer that the title or ownership of the Software belongs to You; remove, disable, circumvent, damage, or otherwise interfere in any way with any security-related feature of the Software; or attempt to do any of the aforementioned. Any damages, costs, or expenses as a result of the commission or attempted commission of any of said Prohibited Activities will be Yours to incur. It is Your responsibility to inform the Company immediately of Your knowledge of any person engaging or attempting to engage in the Prohibited Activities, providing the Company with the necessary cooperation in any investigations it may subsequently hold with respect to the information You have provided.
6.5 You are forbidden from uploading, posting, emailing, transmitting, or otherwise making available through the Services or on the Website(s) any material or information which may infringe any copyright, trademark, patent, trade secret, right of publicity, right of privacy, or other right of any person or entity, or impersonates any other person. In the Company’s sole discretion, the Company may immediately disable or remove any content or suspend or terminate the Your Account if You are found to have infringed on the rights of the Company or of a third party, or otherwise violated the terms and conditions of this Agreement or any intellectual property regulations or laws. In such circumstances, the Company has the right to terminate the accounts at any time of those who repeatedly infringe the aforementioned.
6.6 If it is Your belief that any of Our Website(s) content violates a copyright or Your intellectual property rights, You are advised to provide the following information to the Company's Copyright Agent to the email address beneath: Specify the copyrighted work or other intellectual property You believe has been infringed, identifying the material with enough detail so that We can locate it on the Website(s); Include a statement indicating Your belief that such use has not been authorized by the copyright owner, its agent, or the law; Include a statement that declares under penalty of perjury that the statements made in Your communication are accurate, and that You are the owner of the copyright interest involved or are authorized to act on behalf of the owner; Your address, telephone number, and email address; and Your electronic signature. The Company's designated Copyright Agent for notices of claims of copyright or other intellectual property infringement is PlayStar NJ LLC. Please contact [email protected] with the subject line "Ref: Copyright or IP Infringement" and mark for the attention of PlayStar Legal.
7. YOUR REPRESENTATIONS AND UNDERTAKINGS.
7.1 In accordance with the definition within this Agreement, You are Legally of Age and possess the capability to take responsibility for Your own actions, and that You will be physically located within the State of New Jersey while You engage or attempt to engage in real-money play on the Website(s). To enter a sweepstakes promotion, You must be a legal resident of the State of New Jersey.
7.2 Should You choose to suspend Your use of the Services on the Website(s), You will not be permitted to obtain access to Your Account during Your selected suspension period, until such time as the suspension has been lifted and Your suspended account reopened. Should You choose to suspend Your use of the Services on any Website(s), You acknowledge that We are required to report Your suspension to the Division, with the exception of Your suspension being otherwise reported to Us by the Division themselves.
7.3 All information You provide to the Company through the process of registering your account or during any time thereafter, such as for the purposes of payment deposits, withdrawals, or any other financial transaction, are true, current, correct, complete, and correspond to the full name(s) on the credit/debit card(s) or other payment accounts, including payment through the means of online wallets or the automatic clearing house (ACH online check transfers), otherwise known as "E-Checks", in order to deposit or receive funds in Your account.
7.4 You are required to inform Us immediately of any changes to details previously given by You to the Company. At times, You may be required to provide certain documents in order to verify the details of the credit or debit card or other deposit or withdrawal methods You used to deposit or withdraw funds to or from Your account, and to verify the authenticity of such documents. The Company reserves the right, in its sole discretion, to cancel a withdrawal request should You fail to provide the Company with, or verify the authenticity of, any documents requested by the Company with relation to Your identification or any deposit or withdrawal method used by You. The result of these verification checks will determine whether You are allowed to continue to deposit using the credit or debit card or other deposit methods You previously used. If You provide Us with information that is found to be untrue, misleading, inaccurate, or incomplete, You will be in breach of this Agreement, and, in addition to any other action that We may choose to take, Your Account may be terminated immediately and/or You may be prohibited from using the Software or the Services.
7.5 You will ensure that You have sufficient available funds for participating in any wagering on the Website(s). You will not transfer any funds to any other account holder, nor may they transfer funds to You. The Company will not provide credit to any account holder for any reason.
7.6 The security of Your username and password on Your computer and any device on which the Software may be accessible is Your responsibility and is not the responsibility of the Company, including if Your username and password are "hacked" or inadvertently divulged owing to the presence on your computer or device of any virus or malware. You are responsible for the configuration of Your computer's and/or mobile device's security features to safeguard against unauthorized use. Should you become aware of any security breaches or attempts to hack your device, You must report them immediately to the Company.
7.7 As the End User of the Company’s Website(s) and Software, Your account is solely for Your benefit. You shall not allow anyone to access Your account, use Your password or identity to access or use the Website(s), the Services, or the Software. You shall not divulge Your account username or password to anyone and must take all steps necessary to ensure such details are not accessible or revealed to any person. It is Your full responsibility should any activities be undertaken on Your account by a third party. You must immediately inform Us if You suspect that Your account, username, or password has been accessed by a third party so that We may facilitate an investigation. Your cooperation with Us will be required, as may be requested in the course of such investigation.
7.8 As an End User of our Website(s) and Software, You possess sufficient knowledge with respect to the rules, processes and procedures of the Services We offer, and Internet gambling in general. Insofar, You accept that it is Your responsibility to confirm the bets and games You undertake are correct and You will not engage in any acts or exhibit any behavior that may damage the Company’s reputation.
7.9 You accept that a risk exists whereby You lose money when gambling using the Company’s Services, and that any such loss is Your responsibility. Your use of the Services is Your choice, and at Your sole risk and discretion. Should a loss occur, You may make no claims against the Company, any of its affiliated companies or group of companies, the Company's licensors or service providers, or the respective directors, employees, members, officers, management companies, third-party service providers, representatives, agents, or any affiliates of any of the aforementioned.
7.10 You accept sole responsibility for the payment and reporting of all taxes to any relevant governmental, taxation, or other authority with regards to the accumulation of any winnings or prizes paid by the Company or any other related or affiliated entity to You, abiding by all applicable local, state, and/or federal tax laws and regulations. You also acknowledge that the Company is legally required to report some types of winning payments to state and federal governments.
7.11 With respect to telecommunication network and Internet access, You are solely responsible for the services, costs and fees incurred, and all other consents and permissions required to facilitate Your use of the Website(s), the Software and the Services. In the case of a disconnection or interference with the connection, or any alteration to Your system, the Company does not guarantee that the Software will recall and reinstate Your exact status before the disconnection took place. If, in the event of a disconnection to Your network, a determination had not been made as to the outcome of the specific round of play in progress at the time of the disconnection, the Software may allow You to view the round of play completed prior to or during the period of disconnection, or to resume play of a game suspended due to such disconnection.
7.12 Although imposing Responsible Gaming Limits on any of the Website(s) does not automatically set those limits on other website(s), the Company reserves the right, while not assuming the obligation, to suspend any new account You open or attempt to open with any other Website(s) and to refund any funds You may have deposited in an account on such other Website. The Company is not required to refund You any funds wagered or won through an account on another such Website and any winnings accumulated during Your period of suspension or during the time You are on the Division's Self-Exclusion List will be held by the Company and reported to the Division, subject to the Division's forfeiture procedures.
7.13 You accept that certain games included in the Services are offered or may be offered to You on a "shared table basis", at the Company's sole discretion, facilitating the Company’s ability through the Website(s) and other services to amalgamate End Users of the Services. In the Company's sole discretion, You agree that some of Your game play may take part on these shared tables, and the Company shall have the right to restrict You from playing on any "shared table" should You breach this Agreement.
7.14 You consent to Your wagering communications and geographic location information being monitored and recorded at all times by the Company and/or the Division, and You waive any claims against the Division or the Company and any person or entity directly or indirectly controlling, controlled by or under common control with the Company (its “Affiliates”), licensors, or service providers with regard to such.
7.15 You shall act in good faith at all times with respect to Your use of the Services, the Website(s), and the Software, as well as Your interactions with the Company and the other patrons using the Services. Should the Company determine that You have been utilizing the Services, the Website(s), or the Software in violation of this Agreement or any applicable law and/or to cause direct or indirect harm or injury to the Company or its respective licensors or service providers, or any End User of the Services, the Website(s), or the Software, the Company has the right, subject to any applicable law, to close Your account and/or restrict use of the Services and any other accounts You may possess with the Company, with the Company therein entitled to retain all monies. You relinquish any right to claims against the Company and its licensors and service providers as a result, including, but not limited to, future claims or any indirect, incidental, consequential, or special damages, subject to relevant laws.
8.1 The Company, alongside its third-party service providers, has developed and employs highly effective and sophisticated technology whose purpose it is to locate and identify persons using the Services or the Software fraudulently or unlawfully. You are forbidden from breaking into, accessing or attempting to break into or access, or otherwise evade the Company's security measures. If the Company is of the belief that You are in breach of this prohibition, the Company may immediately terminate or block Your account or access to the Services and the Software, pending further investigation, and/or inform the appropriate authorities of such prohibited activity, potentially resulting in the closure of any other account(s) You maintain with the Company or the Company’s other website(s) and You being barred from future use of the Services and the Software, and notifying interested third parties of Your breach. In such a scenario, the Company will be under no obligation to refund You any deposited funds and/or winnings, nor is the Company obliged to allow You access to any rewards points or bonuses that may remain in Your account, with such monies, rewards points, and bonuses being forfeited, subject to Division approval. As well as terminating Your access to the Services and/or blocking Your account, the Company may choose to disallow You from accessing the Website(s) and any of the Company's other websites or servers or having access to any other properties or services offered by the Company.
8.2 The Company strictly prohibits the use of any computerized or automated system software, external devices, programs or applications whose objective is to assist in betting decisions, to share hand histories or be benefited from in Your use of the Services, irrespective of whether You receive an unfair advantage over other End Users. Your use of any software program which the Company considers to be representing artificial intelligence ("AI Software") with respect to Your use of the Services is strictly prohibited. The Company has intelligent systems with which to detect the use of the AI Software and consistently monitors its Software and Services to prevent the use of such. Should such software be detected, the Company will take any action it determines to be appropriate including, but not restricted to, immediately suspending or terminating Your access to the Services and Software. In such an event, the Company is not obliged to return any of Your funds (including any deposited funds and/or winnings) nor is it obliged to facilitate Your access to any bonuses or rewards points in Your account. Subject to Division approval, such funds, rewards points and bonuses will subsequently be forfeited.
8.3 Should the Company suspect You are operating with fraudulent intention such as utilizing specific wagering techniques, wagering as a group, or communicating with other patrons in any way as to offer game or hand-related opinions, the Company is within its right to suspend or terminate Your Account and the accounts of all involved End Users. In particular circumstances and subject to Division approval, Your access and the access of any involved End Users to any deposited funds, winnings, rewards points and bonuses will be forfeited.
8.4 You are not to intentionally disconnect from a game while playing on the Website(s) or Software. Should the Company deem You to be in breach of this clause, the Company may immediately terminate or block Your access to the Services and the Software and will be under no obligation to refund You any funds in Your account. Furthermore, the Company reserves the right to prevent You from using or accessing any of its other websites, servers, or services.
8.5 You affirm, as the End User, that the source from which funds have been obtained by You for the purposes of gambling on the Website(s) and using the Services is legal and that You will not use the Website(s), the Services, or the Software as a money transfer system in any way. You are not permitted to use the Website(s), the Services, or the Software for any unlawful or fraudulent activity or prohibited transaction, including money laundering, under federal laws and/or the laws of the State of New Jersey, the Regulations and/or any directives or instructions of the Division.
8.6 Should the Company suspect that You may be engaging in or have engaged in unlawful, fraudulent, or improper activity, including, but not limited to, money laundering activities, or conduct that may otherwise be in violation of this Agreement, Your access to the Services and the Software may be ceased immediately and/or Your account blocked, locked, or terminated and We may notify the relevant authorities of such suspected activity. If Your account is terminated or blocked in such circumstances, the Company, subject to the Division’s approval, will not be obliged to refund You any funds, including any deposited funds and/or winnings, or allow You access to any rewards points or bonuses in Your account. The Company also reserves the right, in its sole discretion, to forbid You from accessing or attempting to access the Website(s) and any of its other websites or servers. The Company is within its right to notify relevant authorities of Your identity and of any suspected fraudulent, unlawful, or improper activity, in addition to notifying any relevant online service providers and banks, electronic payment providers, credit card companies, or other financial institutions (together "Interested Third Parties"). You may be subsequently placed on the Division's Exclusion List or elect to place yourself on the Division's Self-Exclusion List, the result of which will be Your prohibition from gambling on any New Jersey Internet gaming website. You agree to fully cooperate with the Company to investigate any such activity, as the End User of the Company’s Services.
9. PAYMENT TRANSACTIONS AND FRAUD.
9.1 The Company reserves the right to use third-party financial institutions and/or electronic payment processors to process Your payments to facilitate Your use of the Services. You will be bound by their respective terms and conditions, on the proviso that they do not conflict with the terms of this Agreement,
9.2 You will not make or attempt to make any chargebacks or deny or reverse any impending payment. You are wholly responsible for paying any monies owed to the Company, reimbursing the Company for any chargebacks, denial, or reversal of payments You make, and any loss suffered by the Company as a consequence. In the Company’s sole discretion, We may withhold Services to certain End Users or those attempting to pay with certain credit cards. Without notice, the Company may collect from You any monies You owe from Your Account on the Website(s) and/or from any other accounts You make the Company aware of.
9.3 Only deposits made to Your Account using a single payment source may be accepted, including but not limited to, a credit card, debit card, ACH/E-Check, or charge card, on which You are a named account holder. The combination of multiple payment sources to make a single deposit is not permitted.
9.4 Should a payment be suspected by the Company to be fraudulent through the use of stolen credit cards or any other fraudulent activity (such as any chargeback, other payment reversal, fraud relating to ACH/e-checks, or other dispute), the Company may block Your Account, reverse any payout and recover any funds made to You, in addition to recuperating any losses incurred by the Company as a result of such fraudulent activity. Furthermore, relevant authorities of any payment fraud or otherwise unlawful activity, or entities such as credit reference agencies, may be informed by the Company and could employ the services of collection agencies to recover payments. The Company shall under no circumstances be liable for the unauthorized use of credit or debit cards, regardless of whether or not they were reported stolen.
9.5 Global Payments Gaming Services, Inc.® ("Global Payments®") or its Service Providers are authorized by You to fulfill debit and credit transactions to the account at the depository financial institution that You have provided information for ("Global Payments® Services"). All references to "Service Providers" in Sections 9.5 through 9.8 shall refer to Service Providers employed by Global Payments® to fulfill some or all of the acts outlined in these sections. From the time You initiate a transaction, the debit will post at Your financial institution within twenty-four (24) hours. All further transactions will be debited from the same checking account, and such future debits will take place only when You initiate them, with a receipt being provided for each debit You initiate. Until such time as Global Payments® or its Service Provider receives written notification by You of termination of the authorization, and once at least thirty (30) calendar days have been allowed to process the request, Your authorization will remain in effect.
9.6 Checks or debits that are returned unpaid by Your financial institution are subject to a service charge, which may be debited or collected using a bank draft from Your account.
9.7 Any forthcoming dispute regarding Global Payments®, as a result of the services offered by Global Payments® Services, its Service Providers (including Certegy®) or any of their affiliates (collectively, a “Global Payments® Dispute”), will be dealt with through a process of arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with judgment upon the decision made by the arbitrator entered in any adjudicating court in the English language, in accordance with the United States Arbitration Act, adjudicated by one (1) arbitrator, named in accordance with such rules. In accordance with the substantive law of the State of New Jersey, the arbitrator shall decide the dispute and the award accompanied by a statement of the justifications upon which the award is based. Any arbitration occurring other than as a result of a Global Payments® Dispute will continue on an individual basis solely without the right to arbitrate on a class action basis or on bases involving claims presented in a purported representative capacity on the behalf of others. Unless agreed to in writing by all parties, claims are not to be consolidated and no award or decision will have any obviating effect on any issues or claims in any dispute with anyone not a named party to the arbitration.
9.8 You authorize Global Payments® and their affiliates and Service Providers, including, but not limited to, Certegy®, to contact You through the mobile phone numbers or email address registered on Your account, via pre-recorded messages, auto-dialer, or any other method. Such email addresses shall not be employer-related email addresses or shared or accessed by others.
9.9 Subject to an internal processing time of up to five (5) business days, payments will generally be made as soon as reasonably possible upon your indication to withdraw money from Your account. However, if You have any deposits pending receipt of confirmation of funds, such as deposits by check, ACH, wire transfer, or other deposit methods, at the time of making a withdrawal request, the Company reserves the right, in its sole discretion, to delay the withdrawal payment until such deposited funds have been confirmed by Your banking institution. Any security review undertaken by Us may result in additional delays should any other provision of this Agreement allow or require the Company to withhold a payment.
9.10 Should You fail to verify the authenticity of or fail to provide the Company with any documents requested with regard to Your identification or any deposit or withdrawal method You used, the Company in its sole discretion maintains the right to cancel a withdrawal request.
9.11 From the point the Company approves a withdrawal, it is not responsible for any third-party financial clearing procedure that may delay Your payment from being received. If, within ten (10) calendar days of your withdrawal request, You fail to provide requested documentation or fail to visit the Oceans Resort Casino Cage to collect your withdrawal, it will result in the cancellation of the withdrawal request and the funds being released back to Your account.
10. CHAT FEATURE.
The Company may provide You with a chat feature, through which You have the ability to communicate with other End Users of the Service.
10.1 In the Company’s sole discretion, it reserves the right to monitor or review chat communications and to hold a record of the communications made through the feature.
10.2 You are advised that, when using the chat feature, any information You submit may personally identify You, and subsequently may be read, collected, or used by other End Users of the chat feature to send You unsolicited messages. The Company holds no responsibility for the information You submit through the chat feature.
10.3 By utilizing the chat feature, you agree to the following conditions of use:
10.3.1 You shall not make statements to other End Users of the Service which may be deemed abusive, harassing, defamatory, knowingly untrue, or insulting;
10.3.2 You shall not make any statements that may be deemed sexually explicit or offensive, including expressions of racism, misogyny, bigotry, hatred, or profanity;
10.3.3 You shall not make statements that refer to any means or methods to violate the terms of this Agreement, including, but not limited to, techniques and strategies to facilitate cheating, or ways in which to implore others to cheat;
10.3.4 You shall not make untrue and/or malicious and/or damaging statements about, or in connection with, the Company and/or its Affiliates, third-party licensors, third-party service providers, or the Website(s) or any other website connected to the Company and/or its Affiliates, third-party licensors, or any other Internet site associated with the Company and/or its Affiliates, third-party licensors, or third-party service providers;
10.3.5 You shall not advertise, promote, compare, reference, or refer to any other commercial entities or third-party services;
10.3.6 The Company understands that English is not the first or preferred language of some End Users, however English is the only language that may be used in the Company’s chat feature; and
10.3.7 Should You breach any of the above provisions in relation to the chat feature, the Company has the right to restrict Your access from the chat feature, block or terminate Your Account.
11. PROMOTIONS, BONUSES AND LOYALTY POINTS.
11.1 You may only open one (1) PlayStar account. The opening of multiple PlayStar accounts with the objective of obtaining and benefiting from bonuses, promotions, special offers, or otherwise, is regarded as abusive behavior.
11.2 All bonuses, promotions, and special offers provided by the Company are subject to the stipulations outlined in the specific terms and conditions of the respective offer, bonus or promotion, and such terms and conditions must be adhered to. By accepting a bonus or special offer or participating in a promotion available on the Website(s), You consent to Our standard terms and conditions, together with the terms and conditions of such promotion, bonus, or special offer.
11.3 Patrons are required to meet the wagering requirements specified in a promotion’s Specific Promotional Terms in order to be eligible to withdraw a bonus or any part thereof. Funds are deducted in a certain order to meet bonus wagering requirements. Full details can be found in the Standard Promotional Terms and Conditions.
11.4 Upon successfully making three deposits, You will automatically be registered into the PlayStar Club loyalty program. By accepting this Agreement and through Your participation in online gaming within the Website(s) and Software, You also acknowledge and accept to be bound by the rules and regulations associated with the Company’s PlayStar Club program. The loyalty points You acquire within the Company's online casino and Website(s) can be viewed from the PlayStar Club page of Your account.
11.5 The Company has the right to alter any policy with regards to the earning or expiration of PlayStar Club loyalty points and bonuses. With the exception of being stated otherwise, loyalty points will expire after a six (6) month period of Your Account being inactive, during which time no loyalty points will be earned. Bonuses will expire in accordance with the specific terms of each bonus issued, or, after a three (3) month period of inactivity in the absence of a specific expiration date.
11.6 The Company deems low margin betting, equal betting, zero risk bets or hedge betting to be irregular gaming when deployed to exploit bonuses, contravening the proper use of bonuses and Our policy of fair gaming. The Company may, at its sole discretion, deny, withhold, or withdraw from any End User any bonus or promotion, or terminate the End User's access to the Services and/or the Software, either temporarily or permanently, should the Company believe the End User is abusing or attempting to abuse a promotion or bonus, or is likely to benefit from a policy adopted by the Company through abuse or lack of good faith.
11.7 Should the Company determine that You have taken advantage of the Company's bonuses or have engaged in any other act in bad faith with regard to one of the Company’s bonus promotions, in accordance with the Division’s Regulations and approval, the Company may block or terminate Your account and be under no obligation to refund You any bonus funds or winnings that may remain in Your account. Such actions deemed by the Company to be taking advantage of the Company’s bonuses, enabling the Company to exercise its sole discretion under the terms of this Section, could include, but are not limited to, minimal risk wagering such as placing opposing bets, such as both red and black, on the same spin in roulette. Likewise, activity such as irregular betting patterns, closing and reopening accounts, using multiple accounts, or other bonus abusing activity that infringes on the intent of a promotion, will enable the Company to exercise its sole discretion under the terms of this Section.
12. CUSTOMER SERVICE AND SPECIAL PROMOTIONS.
12.1 Upon registration of Your Account, You agree, or "opt-in" to the Company periodically contacting You in relation to Your use of the Services, or in relation to any of the products or services offered by the Company, its Affiliates or third-party service providers or licensors, by using the contact details You provided on registration or attempted registration, including, but not restricted to, Your phone number, residential address and email address.
12.2 You may occasionally be offered special promotions by the Company, its Affiliates, third-party service providers and licensors via email, telephone, SMS text message, live chat, additional windows within the Software, amongst other means. The Company shall provide You with an option to opt-out of such marketing communications, respecting and acting upon Your wishes should You choose to do so.
12.3 To assure the quality of customer service the Company offers, any calls you make to the Company’s customer service department may be recorded.
12.4 The Company will not tolerate any abusive behavior by End Users. The Company has the right to suspend or terminate Your account should it consider, in its sole discretion, that Your behavior, via telephone, email, live chat, or otherwise, has been abusive or offensive towards any of the employees of the Company, its Affiliates or third-party service providers.
13. PATRON DISCONNECTION.
13.1 Where a disconnection from the network server during game play occurs, the following provisions shall apply:
13.1.1 Should no End User input be required to complete the game, the final outcome will be determined by the random number generator. Once reconnection has been established, the game’s outcome will be made available to the End User in the game history table;
13.1.2 Should the End User’s input be required to complete the game, the game will not produce a final outcome. Once the End User’s connection has been reestablished, the End User will return to the point in the game prior to the interruption, in order to resume play;
13.1.3 In the case where an End User is deemed by Geolocation Service to be physically present in the State of New Jersey upon commencement of a playing session but the Geolocation Service is thereafter unable to verify the End User's continued physical presence in the State of New Jersey at a later point in the playing session, the game taking place at the moment of the subsequent failed location verification will produce a final outcome, immediately after which the End User's playing session will terminate.
13.1.4 If, after 30 days, wagers have not been settled as outlined in Sections 13.1.1-13.1.3, the system may terminate the game, resulting in the End User’s wager being forfeited.
14. OUR OBLIGATIONS.
14.1 It is the Company’s right, but not obligation, to verify that players are using the Services, the Website(s), or the Software in accordance with this Agreement. The Company reserves the right to investigate or follow up on complaints made against an End User and take any appropriate action for violating this Agreement. At its sole discretion the Company may, but is not obliged to, take action against any person it suspects of engaging in behavior that may be unlawful or otherwise violates the terms of this Agreement.
14.2 If You misplace, forget, or lose Your username or password for any reason other than the Company's error, the Company shall not be liable. Your username or password can be retrieved or reset via the Website(s) or you may contact our customer service department by telephone to (973) 756-3773 or email to [email protected].
15. NO WARRANTY.
15.1 While always endeavoring to offer the best product and services possible, the Company does not guarantee that the Software, the Website(s), or the Services will meet your expectations, be uninterrupted, secure, timely or free of errors, that any shortcomings will be revised and rectified, or that the Website(s) the Software, or the server on which they are available are free of viruses or bugs, or reflect the extent of the functionality, reliability and accuracy of the materials, or represent the results or accuracy of any information You may gain through the Services or the Website(s).
15.2 You are wholly responsible for your internet connection and the Company will not be liable for any acts or omissions made by your internet service provider, telecommunications provider, or other third party You may have contracted to provide access to the server that hosts the Company’s Website(s).
15.3 You accept that the entire risk of use, performance, and quality of the Software, the Website(s), and the Services rests with You. With respect to the accuracy or completeness of the Services, the Website(s), or the Software or infringement of applicable laws and regulations, the Company does not make any warranty or representation, whether express or implied by law, statute, or otherwise, including, but not restricted to, implied warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose.
15.4 Should a malfunction eventuate, all pays are voided. The Company shall not be liable in any way to you in the event of communications or systems errors or malfunctions, viruses or bugs relating to account settlement, or other aspects of the Services that may result in loss of data, winnings or bonuses, or any other damage to your computer, mobile device or Software. In such cases, all games and payments in question will be voided by the Company and other action may also be taken to rectify such errors. You acknowledge that the Company is not obliged to offer any backup network and/or systems or similar Services.
16. LIMITATIONS OF LIABILITY.
16.1 As the End User, You may choose whether to make use of the Services, the Website(s), and the Software, and You acknowledge and agree that You do so at Your sole discretion and risk.
16.2 The Company, its Affiliates and third-party licensors will not in any way be liable to You or any third party in contract, negligence, tort, or otherwise should You encounter any loss or damage as a result of Your or any third party's use of the Software, Website(s), or Services, be it directly or indirectly, including, but not limited to, business interruption, loss of business information, loss of profits including loss of or failure to receive expected winnings, damage for loss of business, or any other indirect, incidental, consequential, or special damages, even in the case of You being notified of the potential for such loss or damage.
16.3 Likewise, the Company, its Affiliates and third-party licensors will not be liable in contract, negligence, tort, or otherwise for any loss or damage in any way connected with Your use of any link contained on the Website(s) or otherwise via the Services, nor for the content contained on any Internet site linked to or from the Website(s) or otherwise via the Services.
16.4 The Company, its Affiliates and third-party licensors are not responsible for any loss or loss of winnings or indirect, incidental, consequential or special damages that may result from the circumstances in the aforementioned, should the Software, the Website(s), or the Services fail to correctly operate as a consequence of, but not limited to, any interruption or delay in transmission or operation, any corruption or loss of data or communication or lines failure, any person's misuse of the Website(s), the Services, or their respective content, any omission or error in content, or due to a natural disaster, fire, flood, civil commotion, act of government, breakdown of power supplies, cyberattack, labor dispute, or any other factors beyond the Company's control.
16.5 Similarly, if any such errors result in an increase in winnings that may be owed or have been paid to You, You accept that You shall not be entitled to the winnings. You are required to immediately notify the Company of the error, and as directed by the Company, You will repay to the Company any winnings that have been credited to Your account in error or the Company may, in its sole discretion, deduct an amount equal to those winnings from Your account, offset against any money owed to You by the Company, or may choose to take other action to regain any owed money, in accordance with the laws and regulations of the Division or of the State of New Jersey, including, but unlimited to, the Act and the Regulations.
16.6 The Company, its Affiliates and third-party licensors and service providers are not liable to You or any third party for any suspension of, modification to, or discontinuation of the Software, the Website(s), or the Services.
16.7 In the event of a dispute, the Company’s total liability for all claims of any kind arising in contract, tort or otherwise out of this Agreement or Your use of the Services and the Website(s), will be limited to any positive balance in Your Account or any winnings to which You may be entitled.
17. RESOLUTION OF DISPUTES.
17.1 The Company uses a random number generator to determine the randomly generated outcome of the games within the Software and Services, and through Your engagement of such Services you accept and agree to the utilization of this industry-wide used random number generating system. If the outcome indicated in Your Software does not correspond with that reflected on the Company's server, the result on our server takes precedence in all circumstances.
17.2 In the event that you have a claim or dispute with the Company, you must submit your complaint to us in writing as soon as is reasonably practicable following the date of the original transaction to which the claim or dispute refers. Complaints may be submitted by email to [email protected]. You may also submit notices to us in writing to:
Newport Office Center I
111 Town Square Place
Jersey City, New Jersey, 07310
You are also encouraged to contact the Company’s customer service department by telephone to (973) 756-3773 or email to [email protected]. With the aforementioned said, You accept and agree that the records the Company holds reflect the final authority in establishing the terms of Your use of the Services, the Website(s), and the Software, and with respect to such matters, You have no right to dispute the Company's decisions. Should You feel that You have exhausted all reasonable means in resolving Your complaint, You may wish to further the matter through the means of the Division's Internet Dispute Form, which can be located on the Division website: http://www.nj.gov/oag/ge/inquiriespatroncomplaints.html.
17.3 You accept that any decision made by the Division will be your last and final means of resolving a claim or dispute against the Company. You subsequently will not retain any further right to file suit against the Company in a state or federal court. Without limiting the foregoing, You agree to be bound by the stipulations of Section 24 of this Agreement that govern law and waiver of jury trial, in the event a court of competent jurisdiction rules that Your waiver of Your right to file suit against the Company contained in this Agreement is not enforceable.
17.4 No terms within this Agreement indicate a limit on the Company's right to prosecute You for any crimes or disorderly persons offenses You may commit in relation to Your use of the Services, the Software, or the Website(s).
18. BREACH OF TERMS AND CONDITIONS.
18.1 As an End User of the Company’s Website(s) and Services, You shall fully indemnify, defend, and render the Company, its Affiliates, third-party service providers and licensors, and their respective officers, directors, members, and employees free of harm and responsibility on demand from and against all demands, claims, liabilities, losses, damages, costs and expenses, including court and legal costs, and any other charges whatsoever that may eventuate owing to any breach of this Agreement by You; any violation by You of any law or the rights of any third party; any of Your use of the Services, Website(s) or the Software or use by any other person accessing the Services, the Website(s), or the Software using Your username, password, or any other personal information, with or without Your authorization; or receipt of any winnings You are not otherwise legally permitted to receive, through an error or omission by the Company or any of its third-party service providers.
18.2 Should You breach any of the terms and conditions of this Agreement or the Company reasonably suspects that You have done so, in addition to any other course of action the Company may wish to take, in the sole discretion of the Company, Your winnings may be forfeited, with the Company reserving the right to retain any of Your existing positive account balance should any damages or other amounts be owed to the Company by You, pending the outcome of any legal proceedings, in accordance with Section 17. Should You fail to comply with any of the terms and conditions of this Agreement, disqualification, account termination, and/or legal action being taken against You may result.
18.3 Should the Company suspend or terminate Your account or access to the Services on the Website(s) for any reason, the Company is within its right to act in an identical matter with regards to any of the other websites it operates.
19. TERMINATION OF YOUR ACCOUNT.
19.1 Upon Your completion of the account registration process, this Agreement shall be in full force with immediate effect and will proceed in full force and effect until which time this Agreement is terminated in accordance with the terms set forth herein.
19.2 Should You wish to terminate this Agreement and Your Account (including use of Your username and password), please send an email to the Company at [email protected]. Such termination shall occur within three (3) calendar days after receipt by the Company of Your email, on the proviso that during this period You remain accountable for any activity on Your account.
19.3 The Company reserves the right to immediately and without notice terminate this Agreement and Your Account including Your username and password in the event:
19.3.1 whereby the Company chooses, for any reason, to cease providing the Services, the Software, or the Website(s) either in general or to You specifically;
19.3.2 the Company is of the belief that You have breached any of the terms of this Agreement;
19.3.3 You have used the Services, the Website(s), or the Software in an improper or abusive manner, or a way in which this Agreement has been breached;
19.3.4 Your Account is associated with an existing account that has been suspended or closed:
19.3.5 We are instructed to do so by an appropriate law enforcement agency or regulatory body; or
19.3.6 any other reason the Company may, in its sole discretion, determine.
19.4 Should You be entitled to any positive balance remaining in Your Account upon termination of this Agreement, it will be returned to You within a reasonable time of Your request, and, as may be required by law or regulation and unless otherwise stated herein, may be subject to the Company's right to offset or deduct any amounts owed by You to the Company.
19.5 On termination of this Agreement, You are required to cease using the Software and the Services, pay any outstanding money owed to the Company, and remove and permanently delete from Your computer equipment and/or mobile device the Software, including any third-party software downloaded in connection with Your use of the Website(s) or the Services, destroying all related documentation in Your possession, power, custody, or control.
19.6 The termination of this Agreement by either party shall not result in the denial of either party’s right to investigate and remedy any breach which may have occurred prior to the date the account was terminated. Neither party shall have any further obligation to the other party upon the termination of this Agreement, except as otherwise stated herein, bound by the rights or obligations amassed prior to termination.
19.7 Further to the termination of Your access to the Services and/or termination of Your Account, the Company reserves the right, in its sole discretion, to prevent Your access to the Website(s) and any of the Company's other websites or servers, therein affording You no claims against the Company.
19.8 Should you opt to suspend Your account, for example, for the purposes of self-imposing Responsible Gaming Limits, You are obliged to adhere to this suspension for the entire period affected. While You are under such a suspension, any new accounts You open on any other Website(s) operated by the Company may be closed by the Company upon their detection.
19.9 The Company reserves the right, while not under any obligation to do so, to apply to Your Account any Responsible Gaming Limits You have imposed on other Website(s). No obligation will be held by the Company or its Affiliates, third-party service providers, licensors, or their respective officers, employees, members, and directors, to reimburse You any monies You may have wagered or won through such account. The Company is not responsible for establishing whether You have self-imposed Responsible Gaming Limits on any other New Jersey Internet gaming site(s), with the exception of You being on the Division's Self-Exclusion List, given such limitations do not affect the Company Website(s).
19.10 You are responsible for abstaining from opening a new account on other Company website(s) in the event that You have previously suspended Your Account or impeded Your access to the Services on one of the Company's website(s) under its Self-Imposed Responsible Gaming Limits (see the Player Protection page). Similarly, you are to abstain from self-imposing limits on any accounts You may have previously opened on other website(s) while subject to such limitations.
20. LANGUAGE DISCREPANCIES.
20.1 This Agreement has been written in the English language. Should any discrepancy in meaning occur between the English language version and any translated versions of this Agreement, the meaning of the English language version will prevail.
21. NEW JERSEY REGULATIONS.
21.1 The Company’s Services are offered in compliance with, and subject to the provisions stated in the Act, the Regulations, and the Company's internal controls for the operation of the Website(s), notwithstanding anything contained herein.
22.1 This Agreement constitutes the whole agreement between You and the Company with regard to Your use of the Software, the Website(s), and the Services and overrides any other agreement You may have with the Company. Through Your acceptance of this Agreement, You hereby demonstrate that You are not reliant upon any other versions of this End User License Agreement aside from that explicitly outlined in this Agreement.
22.2 The Section headings within this Agreement are included solely for the benefit of reference and convenience and are not to be considered a vital component of the Agreement, and do not describe or affect its meaning, construction, or scope.
22.3 The validity of this Agreement will not be affected in the event that any of its parts is deemed to be invalid, illegal, or not able to be enforced, with the remainder of the Agreement remaining valid and enforceable in accordance with its terms. This Agreement shall not afford any rights or benefits to third parties, unless otherwise expressly stated.
22.4 No part of this Agreement is to be regarded as the creation of any partnership, agency, fiduciary relationship, trust arrangement, or otherwise joint enterprise between You and the Company or its Affiliates, third-party service providers or licensors.
22.5 Should the Company decide to waive any terms of this Agreement, such action shall not be interpreted as the waiving of any previous or subsequent breach of the Agreement’s terms and conditions.
22.6 In the event of a reorganization of the Company’s corporate structure, or should a merger, sale of assets, or other analogous corporate transaction eventuate in which the Company may be involved, the Company reserves the right, in its sole discretion, to transfer, sub-license, assign, or wholly or partially pledge this Agreement.
22.7 This Agreement does not in any way afford You any interest in the assets of the Company and/or to the credit of Your Account.
22.8 You acknowledge that PlayStar NJ LLC is a beneficiary of this Agreement and as the End User, You agree not to transfer, sub-license, assign, or pledge in any respect any of Your rights or obligations under this Agreement.
22.9 As a condition of Your use of the Services, You are required to fully abide by applicable tax laws and the Company shall be hereby relinquished of any associated liability with Your compliance. You may need to submit certain tax forms before winnings exceeding a taxable threshold can be paid to You, in accordance with local, state, and/or federal law and regulations.
- LEGAL GAMING. 23.1 The Company takes gambling age restrictions very seriously. The act of gambling in a casino or online through any website or mobile application is not permitted for persons not Legally of Age Persons who are not Legally of Age are prohibited from using the Services on Our Website or mobile applications, and are not permitted to participate in any Games, accept offers, or win contests. Any contests the Company may offer or conduct are not available for persons not Legally of Age. We do not knowingly collect information for gaming-related offers from persons not Legally of Age.
23.2 We may occasionally, for any reason, require Our customers to verify their age, and may refuse to provide services, products, access rights, or allow the depositing or withdrawing of funds to any person who fails to furnish Us with valid identification that confirms they are Legally of Age.
23.3 Any Personal and Non-Personal Information that We possess (as defined within this Agreement) may be given to the New Jersey Division of Gaming Enforcement (the "Division") or the New Jersey Casino Control Commission (the "Commission"), should it be requested or deemed appropriate.
23.4 We take responsible gaming seriously. See Our Player Protection page for full details. If You or someone You know has a gambling problem, please call the Council on Compulsive Gambling of New Jersey at 800-GAMBLER or visit their website here.
24. GOVERNING LAW AND WAIVER OF JURY TRIAL.
24.1 This Agreement, the relationship between the parties, and any disputes or controversies that may arise on the subject of the Website(s), the Software, or the Services shall be governed by, and interpreted in accordance with the laws of the State of New Jersey. Should a court of competent jurisdiction rule that Your waiver of Your right to file suit against the Company under Section 17 is invalid or unenforceable, You hereby consent to the exclusive jurisdiction of the courts in the State of New Jersey to resolve any disputes arising out of this Agreement. YOU AND THE COMPANY HEREBY WAIVE ANY RIGHT TO REQUEST A TRIAL BY JURY IN ANY LITIGATION WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO CONSULT WITH AN ATTORNEY WITH RESPECT TO THIS WAIVER.
This End User License Agreement (this "Agreement") was last updated on August 31, 2023