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Terms of Service
1. Introduction
These terms of use (the "Terms", "Terms and Conditions", "Terms of Service") provide for the mutual rights and obligations associated with the use of top10casinos.kiwi.
top10casinos.kiwi ("the Site") and all entities that are controlled by or are affiliated or under common control with the Site are collectively referred to herein as "we," "us" or "our".
The Site is an information website that offers news, reviews, guides, and other information about the iGaming industry (the "Services"). The Site and the Services are provided for free and for informational purposes only. The Site does not accept real money transfers, bets, or wagers.
Please read these terms of use carefully prior to using top10casinos.kiwi.
2. Acceptance of the Agreement
By using the Site, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Site. We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these terms of use at any time in accordance with the procedures set forth below in the section "Amendment".
If you do not agree to any terms or conditions of the Agreement, you should stop using the Site and the Services immediately.
It remains your responsibility to ensure that you are aware of the current Terms and Conditions, and we advise you to check the Terms and the Privacy Policy on a regular basis. We may terminate or suspend your use of the Services and/or this Site at any time, at our sole discretion and for any reason which may include but is not limited to a breach by you of the Agreement without providing financial compensation to you.
3. Use of the Site and Services
The Services offered on the Site include news, reviews, guides, and other information about the iGaming industry. The Site and the Services are provided for free and for informational purposes only. The Site does not accept real money transfers, bets, or wagers.
The Site and the Services may only be used by you if you are over the age of 18 and over the age for which the Site and the Services are legal under the laws of any jurisdiction which applies to you (the "Legal Age"). The Site and the materials incorporated therein are not designed to appeal or target those who have not yet reached Legal Age. If you are not of Legal Age, you must immediately stop using or accessing the Site and the Services.
The Site and its Services are prohibited to Users in the following countries: Afghanistan, Australia, China, France, Iran (Islamic Republic of), Iraq, Jordan, Lebanon, Myanmar, Nigeria, North Korea, Russia, Saudi Arabia, Syria, Turkey, UAE, United States of America, and Yemen.
4. Intellectual Property Rights
All information, content and materials contained on the Site are our copyrighted property or the copyrighted property of our licensors or licensees. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors or licensees. No information, content or material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download one copy of the information, content or materials on any single computer for your personal, non-commercial home use only, provided that (a) you keep intact all copyright and other proprietary notices, (b) you make no modifications to the information, content or materials, (c) you do not use the information, content or materials in a manner that suggests an association with any of our products, services or brands, and (d) you do not download information, content or materials so as to avoid future downloads from the Site. The use of any information, content, or materials on the Site on any other website or computer environment is prohibited.
The Site is to be used for your personal use only. You may not use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. Disclaimer
The information, content, and materials on the Site are provided "as is" and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement. We do not warrant that the functions contained in information, content, and materials on the Site (including, without limitation, user-generated content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such information, content, and materials available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of any information, content, materials, products, or services contained on or offered, made available through, or otherwise related in any way to the Site, including, without limitation, user-generated content, or any third-party sites or services linked to from the Site in terms of their correctness, accuracy, completeness, reliability, safety or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or on the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness, or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content, or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content, and materials you provide to such third-party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
6. Indemnification
You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. Jurisdiction
You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in courts located in Gibraltar as described in the section labelled "Governing Law". You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
We make no representation that information, content, or materials on the Site are appropriate or available for use in any location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws.
The Site provides links to government websites in several jurisdictions worldwide for informational purposes only. It is your responsibility to check the Governing Law in your jurisdiction:
7.1 North America
In both the United States of America and Canada, iGaming regulation is managed on the State (or Provincial) level. To learn more about your local laws, visit the government website in your local jurisdiction such as the New Jersey Division of Gaming Enforcement (NJDGE.org) or iGaming Ontario. In Mexico, the online gambling authority is managed by the Dirección General de Juegos y Sorteos.
7.2 South America
Each year, new bills are passed to regulate and tax iGaming activity in the region, yet the regulatory framework throughout South America is in its infancy stages. Our Site does not provide resources for the region.
7.3 United Kingdom
The United Kingdom is a fully regulated iGaming market. The official regulatory body is the UK Gambling Commission.
7.4 Europe
Nearly all European countries have their own iGaming laws and regulations. Official bodies include Spelinspektionen in Sweden, Kansspelautoriteit in Netherlands, ANJ in France and more. To learn more about your local laws, visit the government website in your respective country.
7.5 Oceania
The Australian Communications and Media Authority (ACMA) is the official authority overseeing iGaming activity in Australia. New Zealand operates its own national Gambling Commission. To learn more about your local laws, visit the government website in your respective country.
7.6 Asia
Most countries in this region prohibit online gambling and thus do not have regulatory resources. Our Site does not provide iGaming resources for Asia.
7.7 Africa
Most countries in this region prohibit online gambling and thus do not have regulatory resources. Our Site does not provide iGaming resources for Africa.
8. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including, without limitation, lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from (a) the use of, or the inability to use the Site or content, materials or functions on any such site, or (b) the conduct or actions, whether online or offline, of any user of the Site or any other person or entity, even if we have been advised of the possibility of such damages.
In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence) or otherwise, exceed the amount paid by you, if any, or £100 GBP (whichever is less) for accessing or participating in any activity related to the Site.
9. Amendment
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of the Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use.
We may amend the Agreement from time to time and any changes made shall come into effect 3 days after being published on the Site or earlier, if required by any applicable law, regulation, or directive. You agree that your access or use of the Site or your use of the Services following such period will be deemed to constitute your acceptance of the amendments made to the Agreement.
10. General Provisions
These terms of use shall be governed by and construed in accordance with the laws of Gibraltar, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
11. Language Versions
In the event of there being a discrepancy between the English language version of this policy and any other language version, the English language version will prevail.
12. Termination
These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Site and destroying all materials obtained from the website and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.
We may immediately terminate these terms of use with respect to you without cause and without notice to you in our sole discretion. Upon termination, you must cease use of the Site and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.
13. Governing Law
By visiting or using the Site or the Services, you agree that the Agreement and your use of the Site and the Services shall be governed exclusively by the laws of Gibraltar, without regard to its conflict of law provisions.
14. Entire Agreement
The Agreement contains the entire agreement between us and you relating to your use of the Site and its Services and supersedes all prior agreement between us and you in relation to the same. You confirm that, in agreeing to accept the Agreement, you have not relied on any warranty or representation save insofar as the same has expressly been made a representation by the Site in this Agreement.