BreakAway Casino Terms and Conditions

ECOM ENTERPRISE NV, parent company for BreakAway Casino and of Action Commerce Limited.
ECOM ENTERPRISE NV and all affiliated companies (hereinafter referred to as "Ecom") are fully licensed and regulated by the laws of The Kahnawake Gaming Commission for the purpose of operating Interactive Gaming. Ecom is the owner and/or operator of the BreakAway Casino online casino which consists of the provision of Multi-player and Single-player Casino Games on the Internet and hosted by the Action Poker Network (APN).

Such gambling on the internet, however, may not be legal in some jurisdictions under certain conditions, and in some jurisdictions may not be legal under any conditions. Please verify the laws in your jurisdiction before registering and read carefully our terms and conditions. Action Commerce Ltd (ACL) is the payment processing company in the Ecom Enterprise Group.

You shall only use the Services provided by ACL if you are at least of legal age in the jurisdiction where you are physically located while accessing the Services, and you are 18 years old or older.

Casino Policies

1. By playing at the CASINO, and provided that you (the "PLAYER") are 18 years old or more, you will be deemed to have manifested your consent to enter into the following Agreement with Ecom and to accept its terms and conditions, which have been accepted by Ecom. Please read the Agreement carefully, consult legal counsel in your jurisdiction if you have any doubts about your rights and obligations, and keep a copy for your records.
2. The PLAYER shall not participate in the Casino Games offered by the CASINO, open, use or reuse an account, enter the Web Site, nor accept any Prize if the PLAYER has NOT reached the age of 18 or the legal age of majority in his/her jurisdiction, whichever is greater.
3. If an underage player is detected, all monetary and non-monetary prizes are removed from the associated account. The prizes will be credited to the player who came in the closest subsequent position in the relevant competition.
4. No purchase is necessary to play. Players may enter and play Games free of charge and without betting money.
5. Players who choose to play for money do so at their own discretion and risk. As in any gambling game, there is the risk of loss of money.
6. By using the Games software, Players agree to be bound by the following:
1. Player is at least the age of legal majority in the jurisdiction in which Player resides.
2. Player understands that Player may play games free, or for money.
3. Player does not find the Game of the Web site to be offensive, objectionable, unfair, nor indecent.
4. Player shall hold the Company, its employees, officers, directors, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion or other agencies, media partners, agents and retailers harmless and shall fully indemnify the same from any and all costs, expenses, liabilities and damages whatsoever that may arise as a result of Player's; (i) entry, use, or reuse of the Web site, (ii) use of any materials at the Web site, (iii) entry, use, or reuse of the Casino Server, (iv) participation in the Game, or, (v) the acceptance of any Prize.
5. Player shall periodically review these Terms and Conditions posted at this Web site at a rate not less than once monthly.
6. Player shall not participate in the Games, open, use or reuse an account, enter the Web site, or the Casino, nor accept any Prize if Player does not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time-to-time.
7. Members are solely responsible for their casino account transactions. Members are advised to keep their account information confidential. Should a member give away, share or lose his/her account number and/or password, BreakAway Casino shall not be held liable for any claims regarding that account. This includes the misuse of BreakAway Casino accounts by family members, friends or other related parties.
8. Members agree that by downloading the BreakAway Casino software and creating a player account, their personal information may be used to pre-fill a sign-up form for a Neteller account. It is the members right to not complete the Neteller application. If a member wishes not to have his or her personal information used to pre-fill a Neteller application form, they must notify us in writing before or soon after creating a player account. No personal information will be shared or transferred to Neteller until the member reviews and completes the application process.
7. The personal identity and other account information of all BreakAway Casino members will remain strictly confidential. BreakAway Casino will not report wagering information to any person or agency on behalf of any member. This is the sole responsibility of each member.
   
8. BreakAway CASINO reserves the right to cancel your membership at any time without notice. Any balance in your account will be immediately be return to you via one of our withdrawal methods. In addition, BreakAway CASINO reserves the right, in its total discretion, to void any winnings and withhold any balance in BreakAway Casino account under any of the following circumstances.
1. If the name on BreakAway Casino account does not match the name on the credit card(s) used to deposit money into the account.
2. If you provide false and or misleading information used to open BreakAway Casino account.
3. If you are not of legal age in the jurisdiction where you reside.
4. If you reside in a jurisdiction, where law prohibits the use and participation of such games.
5. If you have allowed or permitted (purposely or not) another party to play on BreakAway Casino account.
6. If you have reversed or charged back any of your purchases on BreakAway Casino account.
7. You are allowed ONLY ONE ACCOUNT. Winnings will only be paid to players having ONE account. If the PLAYER opens a new account it will be closed. If there has been any activity on the new account before closure, then the account balance (comprising any deposits or winnings but not bonuses) will be transferred to the player's existing account.
8. If you are found cheating or if it is determined by BreakAway Casino that you have used a system or machine, be, it an additional computer, additional software or otherwise used to circumvent the natural randomness of our systems.
9. The name on the casino account does not match the name of the beneficial owner of the financial instrument used to make the deposit or withdrawal.
9. BreakAway CASINO will act as the final arbitrator on any dispute involving the CASINO and any other party. The CASINO reserves the right to employ an arbitrator of its choice to act as an agent of arbitration in place of the CASINO in the event of a dispute.
   
10. Any casino member found to be using a stolen credit card or committing credit card fraud of any kind would be subject to criminal and/or civil prosecution. Any casino winnings resulting from the illicit use of such credit cards will automatically be forfeited.
    
11. BreakAway Casino reserves the right to reject ANY account deposit, at management's sole discretion.
    
12. Any player found trying to defraud the Casino in any manner shall have their play immediately voided and he/she shall be banned from any future play with our casinos.
    
13. Funds are returned to a player’s account and the hand void in the event that the gaming server or software does not allow a cash/ring game to be completed.
    
14. Funds are returned to a player’s account in the event that the gaming server or software does not allow a tournament to be completed.
    
15. Any criminal or suspicious activity may be reported to the appropriate law enforcement agencies.
    
16. The Kahnawakie Gaming Commission will cooperate with and, when appropriate, provide information concerning actual or potential money-laundering activities of which it becomes aware, to the Kahnawake Peacekeepers and/or such other domestic or international agency or agencies that are appropriate.
    
17. Any illegal activities will be reported to the appropriate law enforcement.
18. All Casino wagers must be placed through the user interface provided by this casino on its Web pages. Any Internet wagering through other means, including the use of a "robot" player or other computer systems, is strictly forbidden. In the event that use of non-approved client software is detected, the Casino reserves the right to invalidate all such wagers retroactively, cancel the player's account, and take any and all other appropriate actions.
    
19. Affiliates that are members of WagerProfits.com are prohibited from playing at our casino under their own affiliate link or under those of affiliates in which they are associated with. This shall include any individuals or playing groups from which an Affiliate receives compensation or remuneration from of any kind. In the event of violation of this section, we reserve the right to void all play, winnings (and prohibit all future play) and eliminate any earned commissions through WagerProfits.com applicable from such play (and eliminate the Affiliate from the WagerProfits.com Affiliate Program).
    
20. The Casino reserves the right to refuse service to ANY casino member or prospective member, at management's sole discretion.
    
21. Players from Thailand, Russia, Belarus, Poland, Ukraine, Yugoslavia, Lithuania, India, Denmark, Greece, Czech Republic, Rwanda, Moldova, Croatia, Pakistan, Iran, Iraq, Indonesia, Latvia, Estonia, Georgia, Albania, Uzbekistan, Bahrain, Qatar, Romania, Macedonia, Bulgaria, Andorra, Afghanistan, Eritrea, Azerbaijan, Malaysia, Lebanon, Kazakhstan, Israel, Saudi Arabia, United States of America, United Kingdom, United Arab Emirates, Libya, Taiwan, Turkey, Norway, and South Africa are prohibited from playing at our Casino. Any opened account will be immediately shut down and all play from such account will be automatically voided (win or lose) in accordance with Casino Policy.
22. All wagers and account transactions are monitored by BreakAway Casino.
    
23. Should the PLAYER fail to use his or her account for six months, the PLAYER's account will be considered a dormant account. The six-month period will run from the date of the PLAYER's last login to his or her account. The provisions of this Clause will only apply if all of the PLAYER's Real Money Accounts at the Ecom Enterprises member CARD ROOMs (including casinos) constitute Dormant Accounts. Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in the Casino's sole and unrestricted discretion, be handled by the CASINO until The Dormant Account is reactivated by the PLAYER. As soon as the account becomes active again, the balance will be automatically updated.
    
24. The casino reserves the right to request a Security Form at any time. If a person does not return a faxback form and the required personal identification within 30 days of such request, risks suspension and possible forfeiture of his/her account. In such case, the casino may unilaterally determine resolution of any account funds.
    
25. If a player deposits with a credit card he/she is required to have a security form documents in order to process a cash-out.
    
26. The casino reserves the right to reclaim bonuses and / or close accounts in situations of apparent abuse or fraud. Bonus hunting/abusing behavior is defined by the management on a case-by-case basis. The maximum cash out of a deposit bonus is 8 times the amount of the deposit unless specifically stated otherwise.
    
27. Promotions cannot be used in the following games: BlackJack (any kind), Poker (any kind), Roulette (American and European Version), Baccarat and Three Card Poker. Playing any of these games will void any winning and all winnings will be removed from your account.
    

End User License Agreement

NOTICE TO END USER: CAREFULLY READ THE FOLLOWING LEGAL AGREEMENT ("AGREEMENT"). INSTALLATION OR USE OF THE ENCLOSED ECOM ENTERPRISE SOFTWARE ON YOUR COMPUTER SYSTEM CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU ("USER") DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. THIS AGREEMENT GOVERNS THE ECOM ENTERPRISE SERVER ("SERVER"), THE ECOM ENTERPRISE CLIENT ("CLIENT"), ALL INTELLECTUAL PROPERTY CONTAINED THEREIN (COLLECTIVELY, THE "SOFTWARE") AND THE FOLLOWING TERMS AND CONDITIONS.

The Server software runs from a remote computer owned and operated by ECOM Enterprise. You ("User") will not have access to the Server software, except through the means provided via the operation of the Client software. The Client software will be made available to the user, under the terms outlined in this agreement. The User will identify himself/herself to the software via a unique Player ID ("Player ID") and unique and secret password ("Password") known only to the User.

Both the Client and the Server are protected by copyright laws and International copyright treaties, as well as other intellectual property laws and treaties.

1. GRANT OF LICENSE: Ecom Enterprise grants the User the right to install and run the Client software on any computer for which it was designed. The User may only use the software to connect to the Ecom Enterprise Servers.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS: The User may not attempt to modify, dECOMpile, reverse-engineer or disassemble the software in any way.
3. NO WARRANTIES: Ecom Enterprise expressly disclaims any warranty for the Server software and the Client software. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU, THE END USER.
4. LIMITATION OF LIABILITY: To the maximum extent permitted by applicable law, in no event shall Ecom Enterprise be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of either the Server or Client software.
5. SECURITY: The User agrees that he/she is solely responsible for all use of Ecom Enterprise software through his/her User ID and Password. The User is obliged to keep his/her User ID and Password secret and confidential. Any unauthorized use of the Player ID or Password shall be the sole responsibility of the User and be deemed as his/her use. Any liability there from shall be the responsibility of the User.
6. PERSONAL USE: Commercial use of the Software is strictly forbidden. The User is only allowed to wager for his/her personal entertainment. The User agrees that his/her use of the Software is in a personal (and not professional) capacity. Before the User participates at Ecom Enterprise, he/she is responsible to verify the laws on gambling which govern the place where the Software is used to determine restrictions and act in accordance with those restrictions. The User agrees he/she has reached the age of 18 or the legal age of majority in his/her jurisdiction, whichever is greater.
7. PROMOTIONAL USE: Ecom Enterprise reserves the right to use email addresses for promotional purposes.
8. ARTIFICIAL INTELLIGENCE - BOTS: It is strictly forbidden for players to use any Artificial Intelligence including "Robots" in connection with the use and playing with the Software and the Games. We constantly review the use of the Games and Software in order to detect the use of Artificial Intelligence. In the event that we deem it that AI has been used we reserve the right to take any action we see fit, which includes but is not limited to immediately blocking access to our Software and Games for the offending user (s), terminating such userÕs account (s) permanently and seizing any amount of money held in such account.
9. OTHER: This product includes software developed by the OpenSSL Project for use in the OpenSSL Toolkit (http://www.openssl.org/). Copyright (c) 1998-1999 The OpenSSL Project. All rights reserved.

   THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE OpenSSL PROJECT OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

   This product includes cryptographic software written by Eric Young (eay@cryptsoft.com). This product includes software written by Tim Hudson (tjh@cryptsoft.com).

10. TERMINATION. Without prejudice to any other rights, Ecom Enterprise may terminate this LICENSE AGREEMENT if you fail to comply with the terms and conditions of this agreement. In such event, you must destroy all of your copies of the software.

Web Traffic Information / Cookies

1. Our site logs Internet IP addresses automatically to verify the nationality of patrons. This protects all patrons as there are a number of countries that are restricted from online gaming. BreakAway Casino may use cookies for tracking information in certain ad campaigns. Once you close your browser, the cookies are permanently disabled. In any case, cookies do not contain any personally identifiable information.

Account Information

Required information for establishing an account includes: Name, address, tel., login, password (customer-determined), e-mail address, and the applicable payment information. The player acknowledges that All PLAYER'S details contained in the Registration Form submitted to the CARD ROOM are true and correct. This information is asked for in order to:

1. Verify user identity.
2. Protect both the players and our operations from fraud.
3. Comply with legal requirements.
4. All of the information offered during the account creation process is kept in the strictest of confidence. Information regarding bonus and promotional programs will be sent through e-mail.
   

The PLAYER shall not change his/her real name from that previously provided. The PLAYER may only UPDATE address details in case of change of location; however, if country of residence changes, the customer shall provide a copy of a utility bill confirming the address in the new country of residence. In cases where the PLAYER's last name changes as a result of marriage, the PLAYER must notify the company and provide a copy of a picture ID with the new name, whereupon the existing account will be closed and a new account opened.

Winnings

The strict confidentiality of each user's winnings and cash-outs is a primary consideration of BreakAway Casino. It is up to you to determine whether or not to report these winnings to the appropriate authorities.

Security

We use the most cutting-edge methods to ensure that your information remains secure with us. All information is transferred through proven encryption technologies and, once stored on our servers, all data is maintained with the latest Firewall technologies available. Both our web site and software employ all available means to maintain the accuracy and privacy of data and to protect the data from being abused and/or lost. If you have any other questions or concerns, Please do not hesitate to contact our Customer Support center at any time - 24 hours a day, 7 days a week - with any questions regarding the security of BreakAway Casino transactions. Our Customer Service representatives have been trained to assist you with all questions/concerns.

The casino has made every reasonable effort to ensure that all passwords and PLAYER names employed by the PLAYER are thoroughly secure against third party access.

To maintain a high level of security and integrity in the system, Ecom reserves the right to conduct a security review at any time to validate PLAYER's identity, age, the registration data provided by the PLAYER and to verify the PLAYER's playing of the Games and the PLAYER's financial transactions for potential breach of this Agreement and of applicable law. As such the PLAYER authorizes Ecom and/or its agents to make any inquiries of the PLAYER and for Ecom and /or its agents to use and disclose to any third party what Ecom considers necessary to validate the information the PLAYER provides to Ecom or should provide to Ecom in accordance with this Agreement, including but not limited to, ordering a credit report and/or otherwise verifying the information against third party databases. In addition, to facilitate these security reviews, the PLAYER agrees to provide such information or documentation as Ecom, in its unrestricted discretion, may request.

Termination

1. The PLAYER may terminate this Agreement by notifying Ecom in writing at any time, provided the PLAYER owes no money to Ecom for any reason whatsoever.
2. Ecom reserves the right to terminate the PLAYER'S membership, at any time and for any reason, at its sole discretion, and in particular in case of any activity that may harm Ecom, the CASINO and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CASINO.
3. Members may appeal any decision made by Ecom during a period of three months from the date of the last communication with Ecom regarding the case. After this period the case will be considered closed and will not be reopened by any authority/tribunal.
4. Upon termination by the PLAYER or Ecom as above, Ecom shall refund the PLAYER any funds which may be in the PLAYER'S account over and above any amount which may be owing to Ecom (if any). If account is terminated due to any activity that may harm Ecom, the CASINO and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM, refund shall not exceed the initial deposit made by the PLAYER.
5. Upon termination by the PLAYER or Ecom as above, Ecom shall refund the PLAYER any funds which may be in the PLAYER'S account over and above any amount which may be owing to Ecom (if any). If account is terminated due to any activity that may harm Ecom, the CASINO and/or its/their members including, but not limited to, collusion, fraud, abuse of bonuses and other promotions, frivolous and unsubstantiated claims, and misuse of the CARD ROOM, refund shall not exceed the initial deposit made by the PLAYER.
6. Termination by the PLAYER or Ecom as above shall be without prejudice to recovery by either party of any amount legally due by the other party in virtue of this Agreement.
7. Should the PLAYER fail to use his or her account for six months, the PLAYER's account will be considered a dormant account. The six-month period will run from the date of the PLAYER's last login to his or her account. The provisions of this Clause will only apply if all of the PLAYER's Real Money Accounts at the Ecom Enterprises member CARD ROOMs (including casinos) constitute Dormant Accounts. Any credit balance standing to a Dormant Player's credit in a Dormant Account may, in the CARD ROOM's and/or Casino's sole and unrestricted discretion, be handled by the CASINO until The Dormant Account is reactivated by the PLAYER. As soon as the account becomes active again, the balance will be automatically updated.
8. Ecom has the right to hold any and all of a PLAYER's funds indefinitely if it is found, determined at the sole discretion of Ecom, that the player has been involved in fraudulent activity in the CARD ROOM. Fraudulent activity may include, but is not limited to, stolen credit cards, unlawful transfer of funds to other player accounts (chip dumping), forgery, collusion and the provision of false account information

Changes to this Policy

The PLAYER shall periodically review these Terms and Conditions posted at Ecom Web Sites at a rate of not less than once every month. All rules, regulations, and payoffs contained herein are subject to change and revision by the management without prior written notice.

Complaints

BreakAway Casino is licensed and regulated under the rules of the Kahnawake Gaming Commission. Should you at any time feel the need to lodge a complaint, discuss an issue or raise any concern you may have, please contact the Kahnawake Gaming Commission via email: complaints@gamingcommission.ca.

Please be aware that the complaint must be submitted to the Commission not less than seven (7) days and not more than six (6) months after date on which the subject matter of the complaint first arose.

Applicable Law/Jurisdiction

1. This Agreement, the interpretation and execution thereof, and the relationship between the parties, shall be governed by, and construed in accordance with, the laws of the Mohawk Territory of Kahnawake.
   
2. Any claim or dispute arising either directly or indirectly out of this Agreement shall be brought before the competent court of the Mohawk Territory of Kahnawake, which court shall have exclusive jurisdiction. Notwithstanding the foregoing, Ecom shall have the right to institute any legal proceedings against the PLAYER before the competent court in the PLAYER'S home jurisdiction or elsewhere.

THIS AGREEMENT IS DEEMED ACCEPTED AND SIGNED BY ACTION COMMERCE LIMITED AND BY THE PLAYER AS INDICATED IN THE INTRODUCTORY PARAGRAPH ABOVE UNDER THE HEADING "TERMS AND CONDITIONS", ON THE DATE ON WHICH THE PLAYER FIRST STARTED PLAYING MULTI OR SINGLE-PLAYER POKER OR CASINO GAMES OFFERED BY THE CARD ROOM ON THE INTERNET.

SOFTWARE END USER LICENSE AGREEMENT