General Terms and Conditions
1. General Terms and Conditions
1. These are the General Terms and Conditions of 3 Circles Media Internet bv (henceforth referred to as ‘3CMI’), registered with the Chamber of Commerce of Amsterdam, the Netherlands, under number 34259486. These Conditions govern all games and activities on 3CMI’s websites.
2. These Conditions have been filed with the District Court of Amsterdam under number 150/2007.
3. Any person who registers, plays a game, makes a payment, withdraws money or performs any other acts on the website of 3CMI (or partner sites on which the 3CMI services are offered) accepts the applicability of these General Terms and Conditions.
4. 3CMI is entitled to amend these Terms and Conditions. The amended General Terms and Conditions will be published on the relevant website of 3CMI and will be re-filed with the District Court of Amsterdam.
5. The invalidity of any provision contained in these Conditions will not affect the validity of the other provisions. If it appears that any provision contained in these Conditions is null and void, the parties will consult and draw up a provision that is as close as possible to the purport of the invalid provision.
6. These Conditions are governed exclusively by Dutch law. Any disputes that may arise further to these Conditions will be submitted in the first instance exclusively to the District Court of Amsterdam.
2. Provision of services
1. 3CMI makes various services available on its website, including games, payment services, communications services, etc.
2. Access to some sections of the website may be limited if registration or a certain form of membership is required for those sections. A periodic payment (subscription) may be required for some forms of access. Information about registration and memberships or subscriptions is available on the 3CMI website in question.
3. 3CMI has a customer service department, which can be accessed 24 hours a day by e mail and during office hours by telephone. The customer service department can answer any questions that customers may have regarding 3CMI’s services and payments and withdrawals.
4. 3CMI does not accept any liability for any limited accessibility of its websites, regardless of the cause of the access problem.
5. 3CMI performs regular maintenance, as a result of which 3CMI’s services may be temporarily unavailable or less accessible. 3CMI is not liable for the consequences of any such decreased accessibility of its services as a result of such maintenance activities.
3. Registration and Account
1. 3CMI can require visitors to register before granting access to all or part of the 3CMI website.
2. Visitors who have registered will have an Account available to them.
3. Any person who registers is required to do so in a truthful manner. Incorrect registration details may lead to the Account in question being closed.
4. Only natural persons may register.
5. Any person may register only one (1) time and thus may have only one (1) Account available.
6. Any person who registers is required to amend their registration details if such details change. 3CMI is not liable for any breach in respect of its compliance with its obligations as a result of the fact that it does not have the most up-to-date registration details available.
7. 3CMI reserves the right to refuse a registration.
4. Playing for Free Marbles
1. Every visitor will receive a number of Marbles (or other fake currency; hereafter to be called Marbles) upon registrations and with various other events.
2. These Marbles can be used as a wager in games and tournaments, that a visitor plays against other Visitors. By winning or losing a game or tournament the balance of Marbles increases or decreases.
3. Non-registered users do not have any Marbles.
4. The Marbles are free and are allocated by 3CM. The website contains a list of activities for which Marbles are awarded. 3CM has the right to change the number of Marbles awarded per activity.
5. The Marbles do not represent any monetary value and can not be exchanged for real money.
6. Members are not entitled to any rights based on their balance of Marbles.
7. 3CM may at any time offer a (temporary) exchange of Marbles for prizes or other goods, in which case the previous paragraph still prevails.
5. Playing for money
1. It is possible to play for real Money. Money will be represented on the websites of 3CM by COINS or another currency (hereafter called COINS)
2. These Credits can be used as a wager in games and tournaments, that a visitor plays against other Visitors. By winning or losing a game or tournament the balance of Credits increases or decreases.
3. Players agree in advance for how many COINS they will play or they can participate in a Tournament, in which respect it is clear upon registration how many COINS will be at stake.
4. The number of COINS that can be won in each game will also be clear upon the commencement of the game with the exception of an increasing Jackpot, in respect of which the amount of the Jackpot will be determined by the number of players who participate before a given time.
5. Playing for COINS is possible only for registered players having a sufficient COIN balance.
6. COINS that are won will be awarded immediately after the game is won and deposited in the online wallet within 30 minutes after they are awarded. COINS lost at the start of a game involving a wager will be paid directly from the online wallet. For games involving a high price or Jackpot, 3CMI reserves the right to postpone the publication of the winners and the grant of the COINS that have been won by a maximum of one week in order to verify the outcome of the game.
7. The playing rules for each game are contained on the relevant 3CMI website.
8. If a player’s connection with the 3CMI website is disconnected, regardless of the cause, he or she will lose the game as a result, in which case the losing player will lose his or her wager.
9. Cheating is not permitted. ‘Cheating’ means any method or action other than the skill required for the game as described in the game rules. This includes but is not limited to the use of software to improve the player’s performance, cracking 3CMI’s software, posing as another person, using another person’s Account, intentionally losing games in order to mislead others, etc.
10. 3CMI is not liable for the loss of a game due to another player’s cheating. However, 3CMI does wish to be informed of any unlawful acts and will investigate them. 3CMI will do everything in its power in order to detect and track down cheating. In the event of demonstrable cheating, or a strong suspicion that someone has cheated, the player who has been duped will have the lost COINS refunded to his or her online wallet from the cheating player’s balance.
11. Any COINS that a player acquires by cheating or that are awarded in error remain the property of 3CMI and may be removed from the receiving player’s wallet at any time. If the balance in the player’s wallet is no longer sufficient at that time, that will not affect that player’s obligation to pay back the COINS.
6. Purchasing COINS
1. Registered players may pay a sum of money to buy COINS.
2. The value of a COIN is equal to EUR 1. Thus, for players who purchase and sell COINS in currencies other than the euro the value of a COIN may fluctuate, as the exchange rate in respect of other currencies changes constantly compared with the euro.
3. COINS may be used exclusively on the 3CMI websites, for example to play games, purchase items for avatars or some games, etc.
4. The COINS are saved in an ‘online wallet’. Any registered player can see on the relevant 3CMI website how many COINS he or she has at any given time.
5. 3CMI does not owe any interest on COINS that players keep in their wallets for a period of time.
6. If the purchase of COINS leads to additional payment costs (for example in the event of a refused or canceled payment or costs related to international payment transactions), 3CMI reserves the right to deduct those costs from the relevant player’s online wallet.
7. By making a payment the user indicates that he or she is authorized to use the payment method in question and that he or she has a sufficient balance or spending limit to enter into the transactions in question.
8. Payments may be made only by persons aged 18 or older having full legal capacity to act.
9. No more than 100 COINS may be purchased on any given day.
10. No more than 100 COINS may be purchased for any given purchase transaction.
11. A wallet may not contain more than 500 COINS. A player is obliged to withdraw any COINS that exceed that amount.
7. Free COINS
1. In some cases 3CMI may award registered persons Free COINS.
2. Those COINS may be used only on the 3CMI websites, for example in order to play games, purchase items for avatars or some games, etc.
3. The Free COINS may not be exchanged for real money and thus cannot be withdrawn.
8. Withdrawing COINS
1. All players are entitled to convert their COIN balance into real money and withdraw the amount in question.
2. COINS will be paid out in the same currency in which the COINS were purchased, in the currency of player’s country of origin or in euros, at 3CMI’s choice.
3. If the balance to be withdrawn is below a certain amount the balance may not be withdrawn. The relevant minimum amount is indicated on the 3CMI website.
4. The payment institution that handles the transaction will charge costs in order to withdraw money. 3CMI will pass on those costs to the player without charging any surcharge. The relevant costs are indicated on the 3CMI website.
5. Free COINS will be the first to be used by the online wallet. Free COINS that remain in the online wallet may not be withdrawn.
6. Requests to make withdrawals will be handled immediately and balances will be paid out within 30 days.
7. COINS that are withdrawn will be paid out by means of a payment method to be determined by 3CMI. In principle payment will be made in the same manner in which the player purchased the COINS.
8. A player is required to provide 3CMI with all the required payment details necessary to pay out the COINS.
9. Employees of 3CMI and employees of 3CMI’s suppliers may not withdraw money.
10. If 3CMI suspects that a player has cheated or otherwise has not complied with the General Terms and Conditions, 3CMI may decide to suspend the withdrawal of his or her COINS until there is certainty with respect to the suspicion in question.
11. COINS may be paid out at a value per COIN that differs from the value for which the COINS were purchased. The changing value of a COIN is caused by continually fluctuating exchange rates and 3CMI is not liable for any loss caused by changes in the value.
9. Fees
1. 3CMI will charge every player who plays a game with or against another player or players a fee.
2. 3CMI will charge a monthly fee for the use of the wallet. That fee will be charged only if a player has not used his or her wallet for a continuous period of 30 days.
3. 3CMI will charge a fee for the withdrawal of money.
4. The amount of all the fees is indicated on the 3CMI website.
5. All fees will be deducted from the wallet.
6. 3CMI is entitled to change the amount of the fees.
10. Closing an Account and blocking access
1. 3CMI is entitled to close an Account and remove it if:
• a player has acted contrary to one or more clauses contained in the General Terms and Conditions; or
• a player has not played any games requiring a wager for a continuous period of six months.
The personal data in respect of the Account in question will be deleted and the COINS will lapse.
2. If a player acts contrary to one or more clauses contained in the General Terms and Conditions or a statutory provision, 3CMI will be entitled to permanently block that player’s access to the 3CMI websites.
11. Communication
1. 3CMI’s websites offer countless means of communicating with other users. By accepting these Conditions, a player agrees:
• to use those means of communication in accordance with the customary rules of decency and good taste;
• to use those means of communication in accordance with the statutory rules of the country where the player is located; and
• not to use those means of communication for commercial or criminal purposes.
3CMI reserves the right to remove from the website any contributions and communications that are contrary to these provisions and in appropriate cases to close the Account of the player in question.
2. All contributions published by a player are the property of 3CMI.
3. If a player does not communicate in accordance with the foregoing rules, 3CMI reserves the right to remove publications from its websites and in appropriate cases to close the Account of the player in question.
12. Privacy
1. 3CMI will do everything possible to safeguard the privacy of its users. The database containing all personal data has been registered with the Dutch Data Protection Board (College Bescherming Persoonsgegevens, www.cbpweb.nl) in The Hague, The Netherlands.
2. All players’ personal data will be kept strictly confidential and will not be communicated to other parties in any manner whatsoever. Only information from players who register with 3CMI via a 3CMI partner (e.g. an Internet provider) will be shared with the partner in question if appropriate.
3. 3CMI uses cookies. A cookie is a small quantity of information from the player himself or herself that is stored on his or her computer.
4. Registered users agree to accept a periodic newsletter by e-mail, notifications of Tournament results and other necessary direct communications.
5. 3CMI collects aggregated, non-identifiable player information in order to improve its services.
6. 3CMI will publish the participants and winners of Tournaments and other events on its website. Where appropriate participants and winners will also be published in other media. By playing a game and accepting these Conditions a player accepts the possibility that data regarding him or her and his or her game results will be published. 3CMI will not owe any fee for such publications.
7. 3CMI also organizes Tournaments that are broadcast live on television and other media. Participants or information about participants in such a Tournament may be shown in such other media. By playing such a game and accepting these Conditions a player accepts the possibility that data in respect of him or her and his or her game results will be published or that he or she will be shown personally. 3CMI will not owe any fee for such publications.
13. Liability
1. A player uses the services of 3CMI entirely at his or her own risk.
2. 3CMI is not responsible for the loss of COINS as a result of a disrupted connection, system malfunction or any other defect that can disrupt or terminate a game, cheating by an opponent or theft of COINS by third parties.
3. 3CMI is not responsible for any damage to a player’s PC or network as a result of playing or downloading a game or any other interaction between the player and a 3CMI website.
4. 3CMI is not responsible for the quality or the degree of truthfulness of any material that is published by visitors to the 3CMI websites.
5. 3CMI is not responsible for problems that arise due to force majeure.
6. By accepting these Conditions, a player indemnifies 3CMI and the management of 3CMI for any liability in this respect.
7. 3CMI does not accept any liability for any possible indirect consequence of playing games on the 3CMI websites, such as death, injury, addiction, psychological or emotional damage, etc.
14. Statutory provisions governing online games
1. Each country or state has its own legislation governing online games. Each player is obliged to comply with the laws of the country or state in which he or she resides.
2. If you live in one of the following states of the United States of America, you are not eligible to play for real Money: Alaska, Arizona, Arkansas, Connecticut, Delaware, Florida, Iowa, Louisiana, Maryland, Missouri, Montana, South Carolina, South Dakota, Illinois, Tennessee, Vermont.
3. 3CMI does not accept any liability whatsoever for any legal consequences in a given country that may be caused by playing games on a 3CMI website.
4. If there are legal limitations in a country or state with respect to participation in online games involving betting, 3CMI may request a player to demonstrate that he or she is entitled to participate in the games.
5. 3CMI reserves the right to block access from IP addresses in countries or states where certain online games are prohibited or to discontinue a game effective immediately and to stop offering it permanently or temporarily, whether or not it provides prior notification to the players.
15. Distance buying provisions
1. After the player has received the COINS purchased, he or she is authorized to dissolve the purchase within seven (7) days after they are COINed to the wallet. The player is not required to state his or her reasons for doing so. If the player wishes to dissolve the purchase he or she must state this via the 3CMI website. 3CMI will withdraw the COINS purchased after such dissolution.
2. 3CMI will COIN the withdrawn COINS for which the player has already paid to the player’s stated COIN card number or it will transfer such amounts to the bank account or giro account indicated by the player as quickly as possible and in any event within thirty (30) days after the dissolution, after deducting the costs that 3CMI has incurred in connection with administrative processing, provided that the player has at all times provided 3CMI with correct and complete information in a timely manner.
3. The dissolution of the purchase of COINS may not relate to COINS that a player has already spent in a game.