EFFECTIVE DATE: 27/10/2023
Welcome to LuckyGambler.com (the “Site”).
Throughout this Agreement, terms like “you,” “your,” “user,” or “player” refer to anyone who uses the Site, Services, or Software as outlined in this Agreement.
By accessing or using the Site or the Services, you are indicating your consent to abide by the terms and conditions laid out in this Agreement, and you agree to be legally bound by them.
These Terms are effective as of the Effective Date mentioned above. If you have not reviewed the Terms applicable to this Site since the Effective Date, please review these updated Terms carefully before using Site.
We may change these Terms in the future, so we encourage you to review periodically the Terms applicable to Site. The most current version of the applicable Terms of Services (along with its effective date) will be linked to the Site.
Please visit the Terms of Services section regularly in order not to miss out on important updates.
The administration of the Site has the right to:
- Establish, alter, revoke usage guidelines, and remove data;
- Limit access to any data on the Site.
The user is personally liable to follow this Agreement to be well-informed about all modifications on the Site. Moreover, the User has the right to:
- Search for information on the Site;
- Receive information and use it for personal non-commercial purposes.
In case the User does not agree with the updates or changes on this Site, the User is absolutely free to stop using the Site.
If you continue to use the Site after we change these Terms, you accept all changes.
2. Using the Site and Services
You are permitted to use the Site and its Services only if you have reached the age of 18 or have attained the Legal Age as defined by the laws of your jurisdiction, whichever is higher.
Please be aware that the Site and its content are not intended for, nor directed toward, individuals who have not yet reached the Legal Age.
If you do not meet the Legal Age criteria, it is imperative that you cease using or accessing the Site and its Services without delay.
3. The Services
The Site offers insights into casino games and the betting scene (referred to as the “Services”).
It’s important to note that both the Site and the Services are offered entirely free of charge and are solely intended for informational purposes.
The Company does not run any online casinos or poker websites, nor do we accept any bets or wagers.
4. Intellectual Property
The entirety of the Site’s creative assets, encompassing software, data, written materials, visuals, forms, artwork, images, graphics, photographs, animations, videos, music, audio, text, as well as software concepts and documentation, are collectively referred to as the “Site Content.” These assets are owned by the Company, its affiliates, and applicable licensors.
As part of your agreement with us, you undertake not to remove or modify any copyright or other proprietary notices found on the Site or within the Site Content.
Furthermore, the brand names, trademarks, service marks, and trade names displayed on this Site, collectively referred to as the “Trademarks,” belong to the Company, its affiliates, or licensors as applicable. These entities retain all rights to these Trademarks.
All Content accessible through this Site is protected by copyright. The Content is: (c)LuckyGambler. All rights reserved. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through the Site, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
LuckyGambler respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
5. User-Generated Content
We may allow you to share, upload, post, email, or otherwise provide data, text, software, music, sounds, photos, graphics, images, videos, messages, or any other materials (referred to as “User Content”) on the Site. This can include, but is not limited to, contributions to online discussion forums and chat platforms.
It’s important to note that you bear full responsibility for the User Content you submit, and the Company and its affiliates assume no liability for any User Content.
By providing User Content, you grant the Company and its affiliates a perpetual, irrevocable, transferable, global license to use, copy, exploit, distribute, reproduce, display, modify, supplement, condense, translate, edit, and create derivative works based on the User Content, either in whole or in part. This usage encompasses various purposes, including promotional and advertising efforts, across all present and future media, with no compensation owed to you. Additionally, you agree to waive all moral rights associated with the User Content.
You acknowledge and consent to the fact that neither the Company nor its affiliates bear an obligation to actively monitor or review User Content.
Furthermore, you acknowledge and accept that the Company and its affiliates retain the right to edit or remove any User-Generated Content. In doing so, you willingly waive any rights you might have if alterations or changes are made to the User Content.
Please be mindful that when you publish or submit User Content, any personally identifiable information you provide can be accessed, collected, or utilized by other visitors or users of the Site, and may also be exploited by third parties. This could, for instance, lead to the receipt of unsolicited messages. It’s essential to recognize that the Company and its affiliates do not bear responsibility for any personally identifiable information you choose to include in User Content.
We kindly request that you maintain a polite and respectful demeanor when interacting with other users or visitors on the Site. You must refrain from engaging in any behavior that we may construe as aggressive, harassing, tortious, defamatory, libelous, vulgar, hateful, obscene, offensive, racist, sexist, insulting, or otherwise inappropriate toward other users.
You commit to refraining from engaging in, assisting, or encouraging activities that involve transmitting, uploading, posting, or otherwise sharing User Content or any other content on the Site, which:
(i) Violates the law, is harmful, threatens, abuses, harasses, is tortious, defamatory, disrespectful, vulgar, obscene, pornographic, libelous, invasive of privacy, hateful, or promotes racial, ethnic, or otherwise objectionable behavior.
(ii) You do not have the legal right to share, whether due to laws, contractual obligations, or fiduciary relationships.
(iii) Infringes upon the proprietary rights of any third party, including but not limited to intellectual property rights, or infringes upon the rights of publicity, personality, or privacy, especially if you have not obtained the necessary consent to disclose personally identifiable or private information about someone.
(iv) You received compensation or any form of consideration from a third party.
(v) Contains concealed or restricted content.
(vi) Contradicts any applicable law, regulation, ordinance, statute, or agreement.
(vii) Is false, malicious, or harmful to the Company, its affiliates, or the Site.
(viii) Aims to interfere with or disrupt the Site’s operations.
(ix) Attempts to introduce viruses or other computer code, files, or programs meant to interrupt, destroy, or limit the functionality of any computer software or hardware.
(x) Advertises, promotes, or relates to online entities or sites that compete with the Company, its affiliates, or the Site.
Additionally, you are prohibited from misrepresenting or making false statements about the source or origin of any User Content.
6. Prohibited Actions
In consideration of the availability, and your use, of the Site, you agree to comply with all applicable laws and regulations and these Terms when using the Site. You acknowledge that We may investigate any violations of law and may cooperate with law enforcement authorities in prosecuting users in this regard.
You are prohibited from:
- (a) Using, enabling, facilitating, or permitting the use of the Site for an illegal purpose, criminal or civil offense, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Our network operations (including preventing a fair and proportionate use by others);
- (b) Using or permitting the use of the Site without reading and accepting (or in contravention of) the terms of any separate license agreement;
- (c) Enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing;
- (d) Uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, content, files or other material which is confidential, protected by copyright, defamatory, discriminatory, violent, obscene, or designed to assist in defeating technological protection measures;
- (e) Using the Site for anything other than private, personal use;
- (f) Using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Our employees, suppliers, agents and representatives.
You are solely responsible for ensuring that your systems are able to use the Site and IT IS RECOMMENDED THAT YOU USE AND UPDATE COMMERCIAL ANTI-VIRUS, ANTI-SPYWARE AND FIREWALL SOFTWARE ON YOUR SYSTEMS THAT ACCESS THE SITE.
7. Your Commitments and Assertions
When you access or use the Site, you are making the following representations and guarantees:
- a. You confirm that you have reached the Legal Age.
- b. You pledge to utilize the Site and Services solely for non-commercial purposes and in a personal capacity.
- c. You have verified and ensured that your use of the Services and the Site does not contravene any laws or regulations applicable in your jurisdiction. Furthermore, you commit not to employ the Site, Services, or any content therein for any unlawful activities.
- d. You agree to use the Site and Services in strict accordance with the terms and conditions outlined in this Agreement, subject to periodic amendments.
- e. You will not utilize the Site, Services, or any information from the Site for illegal or unauthorized purposes, infringing upon local, national, or international laws, which include but are not limited to import, export, copyright, and trademark regulations.
- f. You will not assume the identity of any other individual, person, or entity, except for your own.
- g. You willingly waive your right to participate in class actions or demand a jury trial against the Company or its affiliates in jurisdictions where such waivers are possible. In the event of a dispute, you consent to arbitration, as elaborated in these Terms of Service.
If you are accessing the Site on behalf of an organization, company, or entity (collectively referred to as a “Subscribing Organization”), you assert and warrant that:
- (i) You hold the authority as a representative or agent of the Subscribing Organization, with sufficient empowerment to bind the Subscribing Organization to this Agreement.
- (ii) You have read and understood the Agreement.
- (iii) You comprehend the terms and conditions stipulated in this Agreement.
- (iv) You agree to the terms of this Agreement on behalf of the Subscribing Organization.
8. Third-Party Materials
Within this Site, you may come across links leading to other websites, services, products, or content operated by individuals or entities distinct from us, collectively referred to as “Third-Party Materials.” These links are included for your convenience and reference purposes only.
We explicitly disclaim any responsibility for the Third-Party Materials. The presence of a hyperlink from this Site to Third-Party Materials does not imply our endorsement of such content. It falls upon you to determine the extent to which you may engage with any Third-Party Materials, and you do so entirely at your own risk.
Please be aware that we neither support nor provide any warranties or representations concerning Third-Party Materials. This includes, but is not limited to, any assertions about the accuracy of information or the quality of products or services found within Third-Party Materials.
9. Gaming Services
The Site, along with its content and services, is here to provide you with information for your personal entertainment and informational purposes.
You might find references to, links to, or advertisements for Third-Party Materials related to online gaming and gambling services, which we’ll refer to as “Gaming Services.”
It’s important to note that Gaming Services are primarily intended for users or visitors to the Site who reside in jurisdictions where the use of Gaming Services is legally permitted. However, it’s crucial to recognize that regulations regarding online gaming and gambling differ worldwide.
It’s your sole responsibility to ensure that you are in full compliance with the laws, regulations, and directives applicable in your country when using the Site, Services, and Gaming Services. Simply having access to the Site does not guarantee that the Site, Services, Site Content, Gaming Services, or your activities through the Site are legal under the laws and regulations of your specific location.
In relation to your use of the Gaming Services, you hereby acknowledge and confirm the following:
- (a) You are presently located in a jurisdiction where the use of the Gaming Services is legally permitted.
- (b) You are of the legal age, which is 18 or the age of consent required for participation in or use of the Gaming Services in your jurisdiction.
- (c) You have thoroughly assessed the applicable laws, regulations, and directives governing your use of the Gaming Services, and your access or use of these services will not violate any relevant laws or regulations.
- (d) The information available on the Site or through the Services may result in the loss of any funds you decide to gamble or wager on the Gaming Services.
- (e) You will verify and adhere to any requirements set forth by the Gaming Services for their usage, which may be subject to periodic amendments.
- (f) You understand that gaming and gambling through the Gaming Services carries a risk of monetary loss, and you assume full responsibility for any such losses.
- (g) Your use of the Gaming Services is entirely at your own discretion, choice, and risk. In regard to gambling losses, you waive any claims against the Company, its affiliates, its licensors, or their respective directors, officers, or employees.
It’s essential to note that the Site does not offer legal advice regarding online or offline gambling. Understanding the gambling laws that apply to your jurisdiction and ensuring compliance with them are solely your responsibility.
While we provide information related to gaming and gambling, we do not actively promote or discourage your participation in these activities. The decision to engage in gaming or gambling is a personal one. However, if you choose to partake in such activities, we strongly advise you to review our Responsible Gambling Policy, available here.
YOUR DECISION TO ACCESS AND USE THE SITE, THE SERVICES, AND ALL MATERIALS PROVIDED ON THE SITE OR THROUGH THE SERVICES IS ENTIRELY YOUR RESPONSIBILITY, AT YOUR DISCRETION AND RISK.
THE SITE, THE SERVICES, AND ALL MATERIALS OFFERED ON THE SITE OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE COMPANY, ALONG WITH ITS AFFILIATES AND LICENSORS, DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, WHETHER PRESCRIBED BY LAW, STATUTE, OR OTHERWISE. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, ACCURACY OF THE SITE OR THE SERVICES, OR COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
THE COMPANY DOES NOT GUARANTEE THAT THE SITE, THE SERVICES, AND ALL MATERIALS ON THE SITE OR MADE AVAILABLE THROUGH THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, OPERATE WITHOUT INTERRUPTIONS, BE TIMELY, SECURE, OR ERROR-FREE. WE CANNOT ASSURE YOU THAT ANY DEFECTS WILL BE RECTIFIED OR THAT THEY ARE FREE FROM VIRUSES, SPYWARE, MALWARE, OR BUGS.
11. Limitation of Liability
The Company, along with its affiliates and licensors, will not be held liable to you or any third party, whether in contract, tort, negligence, or any other legal theory, for any loss or damage that may arise directly or indirectly from your use or access of the Site or the Services. This includes, but is not limited to, losses such as business disruption, profit loss (including the inability to obtain expected winnings), business interruption, loss of business-related information, or any other financial or consequential loss. This applies even if you have previously informed us of the possibility of such loss or damage.
In addition, the Company, its affiliates, and licensors shall not be held liable, whether in contract, tort, or any other manner, for any loss or damage arising from your use of any links found on the Site. Furthermore, they are not responsible for the content present on any Internet site linked to the Site.
You acknowledge that the Company bears no responsibility to you or any third party for any alterations, suspension, or termination of the Site or the Services.
By using the Site or the Services, you commit to fully indemnify, defend, and protect us, along with our officers, directors, employees, agents, licensors, and suppliers (collectively referred to as the “Indemnified Parties”). This commitment is immediate and upon request, encompassing all claims, liabilities, legal actions, damages, losses, penalties, costs, and expenses of any kind, including but not limited to legal fees. These claims may arise due to:
- (i) Any breach of the Agreement.
- (ii) Your access to and use of the Site or the Services, including instances where someone else uses your username and password.
- (iii) Your violation of any applicable law.
- (iv) Acts of negligence on your part.
- (v) Willful misconduct by you (collectively referred to as the “Claims”).
Your obligations are as follows:
- (i) You agree to promptly inform us of any Claim.
- (ii) You will not settle any Claim without obtaining our prior written consent.
- (iii) The Indemnified Parties, as applicable, may choose to take charge of defending any claim, and you must cooperate by providing reasonable information and assistance related to the Claims.
You retain the right to engage separate legal counsel for any Claim and participate in its defense.
If the Indemnified Parties, as applicable, do not notify you of their decision to assume the defense of the Claim, you have the option to defend the Claim with counsel acceptable to the relevant Indemnified Party. However, the Indemnified Parties reserve the right to assume, at their sole expense, the defense of any Claim at any time before its settlement or final resolution.
13. Electronic communications, transactions and signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
14. Termination of the Agreement
We reserve the right to terminate the Agreement and your access to the Site and the Services without prior notice and without any financial compensation under the following circumstances:
- (a) If we discontinue providing the Services or the Site, either in general or specifically to you, for any reason.
- (b) If we believe you have violated any of the terms outlined in the Agreement.
- (c) If your use of the Services or the Site is deemed improper or in violation of the spirit of the Agreement in any way.
- (d) We may exercise this right for any other reasonable grounds we deem appropriate.
15. Governing Law and Arbitration
Your use of the Site and the Services, as well as the Agreement, shall be exclusively governed by the laws of the United States, without consideration for its conflict of law principles.
In the event of any dispute, disagreement, or claim (referred to as a “Dispute”) arising from or related to the Agreement or your use of the Site and the Services, the involved parties will engage in consultations and negotiations. Recognizing their mutual interests, they will strive to achieve a satisfactory resolution.
If the parties are unable to resolve the Dispute within thirty (30) days from the start of such consultations or negotiations, any outstanding Dispute
By using this Site or the Services, you agree that, unless otherwise instructed by us, you will maintain absolute confidentiality. This means that you shall not divulge, either during the term of the Agreement or at any point thereafter, any details about a Dispute or the content of a Dispute, except when it is necessary for resolving the Dispute.
This also applies to any information shared during the arbitration process, collectively referred to as “Confidential Information.” You are prohibited from using or exploiting the Confidential Information, either directly or indirectly, for any purpose other than the confidential resolution of the Dispute, participation in the arbitration, or implementing the arbitration’s outcome.
However, if compelled by law, you may disclose the Confidential Information. In such cases, you must promptly inform us, consult with us, and cooperate with us in any efforts to resist or limit such disclosure. This includes seeking a court order or other assurances that the Confidential Information will be treated confidentially.
17. Complete Agreement
The Agreement constitutes the full and final agreement between you and us regarding your use of the Site, Software, and Services. It replaces any and all previous agreements between you and us on the same subject. By accepting the Agreement, you acknowledge that your acceptance was not based on any warranty or representation, except to the extent that the Company has expressly made it a representation in the Agreement.
To the extent allowed by law, all provisions of this Agreement are independent, and the invalidity of one provision will not affect the validity of the others.
19. Irreparable Consequences
You acknowledge and recognize that any breach of the Agreement by you could lead to consequences that cannot be adequately addressed through monetary compensation. In addition to any other rights and remedies we may possess, and despite any contrary provisions in this Agreement, you explicitly admit that mere damages would not be a sufficient remedy for any breach of this Agreement on your part. Consequently, we are entitled to seek remedies such as injunctions, specific performance, and other equitable relief in the event of an actual or potential breach of this Agreement. No evidence of special damages will be required for the enforcement of this Agreement.
20. Continuing Provisions
Any provisions hereof which expressly or by their nature are required to survive termination or expiration of this Agreement in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections 4, 6, 7 and 10-22 (inclusive) hereof shall survive termination of this Agreement.
Our failure to enforce any terms of this Agreement at any time should not be interpreted as a waiver of our right to enforce those terms in the future, whether related to a prior or subsequent breach.
22. Third Parties
Unless explicitly stated otherwise, this Agreement does not grant any rights or benefits to third parties. It should not be interpreted as establishing an agency, partnership, trust arrangement, fiduciary relationship, or any other form of joint enterprise between you and us.
We have the right to transfer, assign, sublicense, or pledge this Agreement, either in whole or in part, without requiring your consent. This may occur in two circumstances: (i) to an entity within the same corporate group as our Company, or (ii) as part of a merger, sale of assets, or a comparable corporate transaction that involves our Company. However, you are not permitted to transfer, assign, sublicense, or pledge any of your rights or responsibilities under this Agreement in any way.
Please note that viruses and similar destructive programs are an inherent risk of communication via the Internet.
We will use our reasonable endeavors to prevent contamination of any material sent to you with any virus or similar destructive code.
We do not, to the maximum extent permitted by law, accept any liability for any virus or similar destructive code which computer equipment and/or software used by you may suffer as a result of your accessing our website and/or any other communication via the Internet between you and ourselves.
It is your responsibility to scan what you choose to download from our website to ensure that it is free of such items as viruses, worms, trojan horses, logic bombs and other similar destructive code.
You must not introduce any viruses, worms, trojan horses, logic bombs or other similar destructive code to our website, attempt to gain unauthorized access to our website, the server on which it is stored or any server, computer or database connected to our website, nor attack our website using a denial of service attack. To the extent that you do any of these things, we may report such activities and disclose personal data relating to you to any relevant law enforcement agency.
Click here to contact us regarding these Terms of Services or other related Services issues.