Terms and conditions

Terms and Conditions

GeneralThese Terms and Conditions ("Agreement") govern your use of our services provided by Frank Casino (hereinafter referred to as "we" or "us"). By accessing, using, or registering for a user account on the website or any mobile application owned and operated by us (collectively, the "Website"), you agree to be bound by these Terms.
DefinitionsFor the purposes of this Agreement: "User Account" means an individual's unique access credentials to use our services; "Services" refers to all products and services provided through the Website or mobile application; "User Content" includes any information, data, materials, or communications sent, uploaded, or posted by you on or through the Services.
EligibilityYou must be at least 18 years old (or the age of majority in your jurisdiction) to use our services. By using the Website or mobile application, you represent that you have reached the age of majority and meet all other eligibility criteria as set out below.
Use of Services

a. You agree not to misuse the Services or any part thereof, including but not limited to attempting unauthorized access, breaching security measures, introducing viruses, spyware, malware, adware, worms, Trojans, rootkits, logic bombs, ransomware, or other harmful code.

b. You shall use the Services for personal, non-commercial purposes only and in compliance with all applicable laws and regulations.

c. Any commercial use of our services is strictly prohibited without prior written consent from us.

d. We reserve the right to limit access to certain content, services, or functionality based on your location or account status at any time.

Intellectual PropertyThe Services and all intellectual property rights thereto are owned by Frank Casino (and its affiliates). Except as otherwise stated in these Terms, you agree not to copy, reproduce, modify, distribute, transmit, reuse, republish, create derivative works from, or use for commercial purposes the content of our services.
User ContentYou retain all rights to any User Content that is submitted through the Services; however, by submitting such content, you grant us a worldwide, perpetual, irrevocable license (with sub-licensing and assignment) under your copyrights to display, perform, distribute, modify, make derivative works of, reproduce, edit, translate, and synchronize all such User Content. You represent that you own or have the necessary rights in all content submitted through our services.
Privacy PolicyOur Privacy Policy is incorporated by reference into these Terms. We are committed to protecting your personal data in accordance with applicable laws and regulations.
Payment Terms

a. All payments made for Services shall be paid to us in a timely manner according to the terms stated on the Website or mobile application, whichever applies.

b. Cancellations of services will not affect any liability arising from unauthorized use prior to cancellation.

c. We may update pricing at our discretion without notice to you.

Refund PolicyAll purchases are final and non-refundable except as otherwise explicitly stated on the Website or mobile application, in which case we reserve the right to decide whether a refund is given. Refunds will be made solely at our discretion and subject to applicable laws.
Termination

a. We may terminate your access to the Services immediately without prior notice if you fail to comply with these Terms.

b. Upon termination of this Agreement, any outstanding obligations shall survive in accordance with these Terms.

c. Your account will remain accessible for a certain period after cancellation or deactivation as specified on our website, during which time all terms and conditions still apply until such access is revoked by us.

d. You agree that we may delete your User Account at any point without prior notice.

Limitation of LiabilityYou acknowledge that the use of our services involves inherent risks, including but not limited to financial loss or exposure due to actions taken based on information provided through the Website and/or mobile application. Frank Casino (and its affiliates) is not responsible for your losses, which could include direct damages, indirect damages, punitive damages, consequential damages, special damages, exemplary damages, lost profits, loss of business, goodwill, reputation or anticipated savings.
IndemnificationYou shall indemnify us against any third-party claims, actions, demands, judgments, or expenses (including reasonable fees of attorneys) arising from your use of our services in breach of these Terms.
Choice of Law

a. These Terms and all disputes related to them are governed by the laws without giving effect to its conflict-of-law principles.

b. The courts shall have exclusive jurisdiction over any disputes or claims arising from this Agreement, including but not limited to your breach hereof or any other dispute with us.

AmendmentsWe may amend these Terms at our discretion by publishing updates on the Website and/or mobile application. Your continued use after such update will be deemed as acceptance of those changes.
Entire Agreement

a. These Terms constitute the entire understanding between you and Frank Casino in relation to your use of our services, superseding all prior or contemporaneous communications, understandings, arrangements, commitments, representations, discussions, negotiations, agreements, whether written or oral.

b. Any amendments made by us shall be binding on both parties upon publication as stated above.

Notice

a. Notice to you will be considered effective when posted in your account or mobile application if provided through our notification system.

b. You agree that we may communicate with you electronically, including via email, text message, push notifications, and other digital means of communication for administrative purposes related to these Terms.

SeverabilityIf any provision hereof is deemed void, invalid, unenforceable, or contrary to applicable law or regulation, the remainder shall continue in full force and effect, provided that we may modify such provision at our discretion as per paragraph 14 above without requiring further agreement from you.
Survival

a. The terms of this Agreement which by their nature are intended to survive expiration or termination hereof will remain enforceable for any period required under applicable laws or regulations despite cancellation, including but not limited to the confidentiality and intellectual property obligations contained within these Terms.

b. Upon termination or expiration of this agreement in accordance with paragraph 10 above, no further payments shall be made towards your account except where already accrued before such event occurred.

WaiverNo failure by us to exercise any right hereunder will constitute a waiver of the same; each breach hereof may result in cancellation, and any forbearance or delay on our part will not affect rights which are expressly reserved for later exercise under this Agreement.
Governing Principles

a. These Terms shall be governed by and construed in accordance with the laws, regardless of its conflict-of-laws principles.

b. This choice of law clause is intended to take precedence over all other laws, conventions or practices applicable hereto which could result in the application of a different jurisdiction's substantive law.

c. By accessing our services you hereby consent that your disputes will be resolved by using electronic dispute resolution mechanisms through mediation and/or arbitration procedures available online as stated below, rather than seeking redress from courts.

Dispute Resolution

To resolve any controversy or claim arising out of or related to these Terms (including but not limited to contract disputes, breach of warranty, breach of duty), the parties agree that this Agreement shall be governed exclusively by and construed in accordance with the Electronic Disputes Resolution Act.