The following terms and conditions ("T&Cs") set out the agreement (all terms and conditions are referred to as the "Agreement") between you and Online tops casino between you and (the "Company"). You and the Company are hereinafter also collectively referred to as the "Parties" and each of them individually as a "Party" at.
The parties hereby agree as follows:
1. The terms and conditions of use of the website
1.1 These Terms and Conditions as amended from time to time in accordance with clause 1.2 are subject to change, constitute a binding agreement and govern the relationship between the parties. The parties hereby acknowledge that the terms and conditions set forth in the Agreement constitute the entire agreement between the parties and that any conflicting terms, conditions, negotiations, representations and agreements in any form between the parties shall not be deemed to be an addition to or modification of the Agreement. The parties expressly agree that the Agreement supersedes and excludes the terms of all contracts between you and the Company in any form, and the terms contained in any such contracts (i) do not apply to the Services provided by the Company, or (ii) in any way modify, supplement or otherwise affect the terms of the Agreement.
1.2 By visiting and using this Website, you agree to comply with the latest version of the TOS, which the Company may amend from time to time by posting updated versions on the under "Terms and Conditions" be available to you. It is your responsibility to ensure that you are familiar with the latest version of these Rules and Regulations and to review them regularly. Your continued use of this Website following the posting of an updated version of these Terms and Conditions constitutes your express agreement to the terms and conditions set out therein.
2. Your obligations
2.1 Online casinos listed on our website may change their promotions, rules and regulations on a regular basis. Individual online casinos may cancel the promotion without prior notice. It is your own responsibility to check and understand the rules and restrictions on an online casino site before playing on that site.
2.2 You understand and agree that it is your responsibility to familiarize yourself with the laws in force in your country before playing at any online casino. Online gambling must be legal in your country of residence. You must be of legal age to use this website, to gamble in your country of residence and to pay any applicable taxes.
2.3 By using this website, you agree that:
(1) not post any Content or engage in any conduct that (a) is unlawful, threatening, harmful, abusive, defamatory, vulgar, hateful, obscene, libelous or otherwise objectionable;
(2) not impersonate any person or entity, do not falsely claim to be a person or entity, and do not disguise or otherwise conceal the origin of any content you provide;
(3) do not collect information about other users of this site;
(4) not provide or use this Website to provide content or services for commercial purposes, or for the purposes of spamming, chain letters, pyramid schemes or other forms of unauthorized advertising without the prior written consent of the Company; and
(5) not provide Content that could subject any director, officer, employee, agent, contractor, advertiser, partner of the Company or its affiliates to civil or criminal liability, or that could result in a violation of, or could be considered a violation of, local, national or international law.
2.4 You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any part of this Website.
3. Third Party Sites
3.1 The Company provides links to external websites and resources such as online casinos. Company has no control over such external websites and resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such websites or resources. You agree to abide by all rules applicable to such websites and will not and cannot hold the Company responsible for any damage or loss caused or alleged to be caused by your use of such websites or resources.
4. Company rights
4.1 The Company reserves all of its rights, including but not limited to all copyrights, trademarks, patents, trade secrets and any other proprietary rights that the Company may own in this website, its content and the products and services offered. Use of Company's rights and property requires Company's prior written consent. In providing this Website and Services to you, the Company does not grant you any implied or express licenses or rights. You may not make any commercial use of this website or services without the prior written consent of the Company.
5.1 The Company is not an online casino operator or provider of online casino entertainment and games. We promote and review individual casino sites for promotional and informational purposes only.
5.2 The Company makes no representations or warranties of any kind as to (A) the accuracy, validity, reliability or completeness of any information, text, graphics, links or other items contained on this website; (B) the COMMERCIAL FITNESS, PRACTICE, TITLE AND/OR NON-INFRINGEMENT OF PROPERTY RIGHTS TO ANY OR ALL PRODUCTS OR ADVERTISING PROPOSED BY THIRD PARTIES; OR (C) COMPUTER VIRUSES, ERRORS OR DEFECTS IN SOFTWARE OR SERVICES PROVIDED BY US OR THIRD PARTIES THAT CAUSE DAMAGE TO YOUR TERMINAL EQUIPMENT OR OTHER PERSONAL PROPERTY. ALL INFORMATION CONTAINED IN THIS SITE IS PROVIDED "AS IS" AND IS PROVIDED WITHOUT WARRANTY OF ANY KIND.
5.3 BY VISITING OUR WEBSITE AND THE ONLINE CASINOS LISTED ON IT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE POSSIBILITY OF LOSING SOME OR ALL OF THE FUNDS DEPOSITED AND WAGERED AT THOSE ONLINE CASINOS AND THAT YOU CANNOT AND WILL NOT HOLD THE COMPANY RESPONSIBLE FOR ANY SUCH LOSSES. ANY LOSSES INCURRED AS A RESULT OF YOUR PLAYING AT THE ONLINE CASINOS LISTED ON THE COMPANY'S WEBSITE ARE NOT THE RESPONSIBILITY OF THE COMPANY OR ITS AFFILIATES, CONTRACTORS OR SUPPLIERS.
6. Limitation of Liability and Indemnity
6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR MONETARY LOSS, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF
(I) THE USE OF, OR INABILITY TO USE, ANY SERVICE OF THIS WEBSITE RESULTS IN,
(II) CHARGES FOR THE PURCHASE OF SUBSTITUTE GOODS AND/OR SERVICES ARISING FROM ANY TRANSACTION ENTERED INTO THROUGH THIS WEBSITE,
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF THE DATA YOU TRANSMIT TO US,
(IV) THIRD PARTY STATEMENTS OR BEHAVIOR OF THIRD PARTIES USING THIS WEBSITE; OR
(V) OTHER MATTERS RELATING TO THIS WEBSITE.
6.2 You agree to indemnify and hold harmless Company and its affiliates, directors, officers, agents, employees and partners from any claim or demand, including reasonable attorneys' fees, made by any third party due to your conduct, your submission of any Content, your violation of these TOS, or your violation of any third party rights.
7. Intellectual Property Rights
7.1 The Company (or a relevant member of its group) is and remains the owner of all intellectual property rights, including copyrights, patents, trademarks, design rights, moral rights, domain names and confidential information, and all similar rights (whether registered or unregistered).
8. Applicable law and jurisdiction
8.1 The Agreement shall be governed by and construed in accordance with the laws of Malta.
8.2 In the event of any dispute, controversy or claim arising out of or in connection with the Agreement or the breach, interpretation, termination or validity thereof, the parties agree to submit such dispute, controversy or claim to arbitration by the Malta Arbitration Center ("MAC"). The arbitration shall be conducted in accordance with the Arbitration Rules set out in the Malta Arbitration Act (Chapter 387 of the Laws of Malta) in force at the time the dispute arises. The seat of arbitration shall be Malta. One arbitrator shall be appointed jointly by both parties or, in the absence of agreement on an arbitrator, three arbitrators shall be appointed in accordance with the said rules. Arbitration shall be conducted in accordance with the laws of Malta in respect of both procedural and substantive matters. The language used in the arbitration proceedings shall be English. The Parties agree that the decision of the arbitrators shall be the sole and exclusive remedy between them in respect of any claim, counterclaim or other matter arising under the Agreement and that decision shall be final and binding.
9. Data Protection
9.1 Regulation of the European Parliament and of the Council of the EU 2016/679 of 27. April 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data ("GDPR") and any applicable local data protection laws, shall apply to the processing of personal data of both Parties in connection with the Agreement.
10.1 No consent by a party to a breach by another party, whether express or implied, shall constitute a tacit assent or waiver or excuse for another or subsequent breach unless such waiver or consent is in writing and signed by the party purporting to have waived or consented to it. Except as otherwise provided in this Agreement, no provision of this Agreement shall be deemed waived and no breach shall be deemed to have been cured unless written notice thereof is given.
10.2 The Agreement may only be enforced by the parties themselves and no other person may enforce any of its terms or provisions.
10.3 The Company may assign its duties to any company within the group of companies and may also engage independent contractors to provide services to the Company.
10.4 If any provision of the Agreement is held by a court or body of competent jurisdiction to be invalid, illegal, non-binding or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. An invalid, illegal, non-binding or unenforceable provision (or part of a provision) shall be applied with the minimum modifications necessary, having regard to the substance and purpose of the Agreement, to make the provision valid, legal, binding and enforceable in order to achieve, as far as possible, the intended economic effect of the original provision (or part of a provision).