General conditions of use (“GCU”) of the site https://www.mycircus.net

Introduction:

Acceptance of these general conditions of use is the prerequisite for the use of MyCircus.net.

Full and unconditional acceptance of these conditions is indicated by checking a check box upon your first login (“I accept the General Conditions of Use”).

PLEASE READ THESE CONDITIONS CAREFULLY. BY USING MYCIRCUS.NET, YOU AGREE TO BE BOUND BY THE TERMS OF THESE GENERAL CONDITIONS OF USE. IF YOU DO NOT AGREE WITH ALL OR ANY PART OF THE TERMS OF THESE CONDITIONS, IT IS STRONGLY RECOMMENDED THAT YOU DO NOT USE MYCIRCUS.NET.

Without prejudice to the provisions referred to in article 14 below, the MYCIRCUS.NET services and offers are constantly evolving. It is therefore important to regularly check these terms and the specific rules of any game or activity in which you choose to participate in order to find out about any updates. CIRCUSBET reserves the right to change or modify these conditions at any time and at its sole discretion. In the event of a modification of these conditions, CIRCUSBET will make every effort to inform you of these changes, which will take effect immediately as soon as the notice is published. By continuing to access MYCIRCUS.NET or by continuing to use it after such notice is given, you agree to the modified GCU.

Article 1 — Legal framework. The website https://www.mycircus.net (hereinafter the “Site”) is published by CIRCUSBET, registered with the RCS of PARIS under number 901641647 established and having its registered office at 37-39 Boulevard MURAT, 75016, PARIS (hereinafter referred to as “the Publishing Company”). Any user (hereinafter the “User”) of the Site expressly acknowledges having read these General Conditions of Use (hereinafter the “GCU”). Browsing the Site, for example by creating an account or logging in to an account, implies express and unconditional acceptance of these GCU by the user of the Site. It is specified that a user of the Site who does not wish to adhere to the GCU in their entirety expressly renounces the use of the Site. These GCU are concluded between the User and CIRCUSBET, and they apply to and govern the use of all content, services and offers provided by the Publishing Company on the Site. The GCU also apply to all content and services that users send, publish or upload to the Site in the form of emails, text messages, forum posts, chat messages, and images.

Article 2 — Purpose. The purpose of the Site is to allow the User to play casino and other social games and to participate in lottery draws and/or raffles. The Site is an entertainment platform allowing the user to play online for free and to win real gifts by accumulating a virtual currency called “Circus Euros”.

Article 3 — Definitions.

• “Gifts”: potential winnings from Contests in various forms such as “VIP Offers”, “Circus Duo Offers” or “Circus Solo Offers” (the content of which is not previously known to the User and which may contain discounts at Circus establishments or packages to be used in Circus establishments), or predefined “material” gifts. Gifts are never exchangeable or payable in cash;
• “User Account”: refers to the personal account that can be created by the User from the Site in order to access the Services.
• “Contests”: contests organized on a weekly and monthly basis that the User can access in exchange for a defined number of Coins and through which they will have the ability to guess the number of Coins (or other objects) in an opaque closed container. Participation in Contests is limited only by the number of Coins available to the User. Depending on the result of the Contest, the Users guessing closest to the exact number will, under the conditions provided for in the Contest rules, be granted the right to predefined Gifts, within the limit of the number of Gifts offered for the given Contest.
• “Login Details”: refers to the User's personal identifiers composed of their login ID (email address) and password.
• “Circus Euros”: refers to the virtual currency of the Site allowing users to play the games offered on the Site and to obtain Coins. The designation “Circus Euros” is in no way linked to the currency sign EURO, and Circus Euros cannot be converted into money in any way.
• “Circus Group” means the Circus Casino France company which is the owner of CIRCUSBET, its other subsidiaries on French and Swiss territories as well as its parent company under Belgian law, Ardent Casino International SA, and the companies linked to it.
• “Coins”: units won by staking Circus Euros that can be exchanged for Gifts or Tickets.
• “Service”: refers to the various services available to Users of the Site, such as (i) Viewing their personal space and modifying their personal information; (ii) Consenting to receive promotional offers from the Circus Group; (iii) Managing their winnings acquired thanks to Circus Euros; (iv) Playing free games accessible from the Site.
• “Site”: means CIRCUSBET’s Internet site accessible from the URL https://www.mycircus.net.
• “Ticket”: refers to the rights to participate in Contests that the player can acquire by exchanging their Coins.
• “User”: means any person over the age of 18 who has registered on the Site. Emancipated minors cannot access the Services.

Article 4 — Access to Services. To be able to browse the Site, the User must verify that they have hardware, software and an Internet connection compatible with the conditions for providing the Services.

Hardware and operating system: compatible smartphones with the following minimum versions: iOS 7 and Android 4.0, ADSL 512 connection type minimum.

The User acknowledges the limits of the Internet network and cannot hold the Site responsible for any malfunction of the Internet network which may prevent its proper operation and/or functioning.

The User assumes responsibility for the Internet connection and/or any mobile fees that may be charged when accessing and using the Site. If the User does not know what these fees are, we encourage them to contact their telephone operator before accepting these GCU.

The Publishing Company gives no guarantee, express or implied, relating to the Games, their accessibility, or their functioning, and the User acknowledges that their only right in the event of a problem or dissatisfaction on their part with the Site is to stop using the Services.

In any event, the User expressly acknowledges and agrees to use the Site at their own risk and under their exclusive responsibility.

Article 5 — Commitments of the User. By browsing the Site, the User undertakes not to:

• send by email or transmit by any other means content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, contrary to good morals, invading the privacy of a person, and/or violating the rights of a third party;
• access Services that are not accessible to a simple User;
• impersonate another User;
• exceed the limits of the Internet network and not to hold the Publishing Company responsible for any malfunction in the Internet network that prevents the proper operation and/or functioning of one or more Services offered on the Site.

Article 6 — Use of the User Account

6.1 Use of the User Account

6.1.1 General information. Each User can only have one account on the Site. The account created by a User from the Site is separate from any other account created by the User on any other Circus Group site. Each account is personal in the User’s name and cannot be transmitted by any means whatsoever to a third party, even free of charge.

6.1.2 User account. Creating a User Account allows the account owner to access the Site Services, namely: viewing their personal account space and modifying their personal information; consenting to receive promotional offers from the Circus Group; managing their winnings acquired via Circus Euros; and playing free games accessible from the Site.

6.2 Account creation process

6.2.1 Registration requirements. In order to create an account, the User must meet the following conditions:

• Be a natural person;
• Be of legal age (at least 18 years of age, with no exception for emancipated minors);
• Not be prohibited from gambling in accordance with the regulations in force;
• Have the legal capacity (within the meaning of the applicable regulations) to validly subscribe to the GCU.

The Publishing Company reserves the right to refuse registration or to close a User's account.

6.2.2 Registration procedure. User registration is carried out in three (3) successive steps:

• Step 1: On the home page of the Site, click on “register”. A form is presented to the User.
• Step 2: Fill out the registration form with your personal information (all fields are required). At the end of this step, the User will be asked to certify the accuracy of the information provided and to accept these general conditions of use as well as the privacy policy. In addition, the User will have the option to agree to receive news and offers by email from CIRCUSBET and/or the Circus Group.
• Step 3: Account activation: After validation of the form provided in the previous step, the User will receive an account activation email sent by the Publishing Company. To complete the creation of their account, the User must click on the link contained in the activation email within 72 hours. If the account is not activated within the above time limits, the account will be closed and the User must create an account again.

Article 7 — Preferences and ethics:

7.1 Preferences

In their “Profile”, Users can set their preferences for receiving offers from the Circus Group and its partners. If the User wishes to receive offers from the Publishing Company, the Circus Group and/or its partners, they can opt for various methods of receiving promotional offers, information and services relating to these offers. However, the User can modify their preferences in their “Profile” at any time, and/or add to it by entering their telephone number, postal code, etc.

7.2 Ethics:

By accepting these GCU, the User agrees to adopt behavior that respects all applicable laws and regulations. They warrant that the content created by them, directly or indirectly linked to the Site or referring to the intellectual property rights of CIRCUSBET and more generally of the Circus Group, complies with all legal provisions and does not infringe the rights of third parties. In particular, the User undertakes to respect the privacy of other users, not to publish any offensive, indecent, scandalous, violent or pro-violence, racist, xenophobic or otherwise discriminatory, pornographic or sexually disparaging remarks or content, and to avoid any threat or harassment.

In addition, the User is prohibited, among other things, from:

disseminating advertising content; disseminating religious, political, or ideological messages; using the system to conduct surveys; distributing email chains; distributing viruses and worms, etc. and interfering with other computer systems and software; disturbing other users by entering meaningless combinations of characters, etc.; voluntarily blocking games and/or communications in any form; attempting to decompile, reverse engineer, take apart or hack the system, or to circumvent or neutralize encryption technologies or security measures applied to the data that we transmit, process, or store; unlawfully recovering, via various techniques (“harvesting”, “scraping”, etc.), information concerning third parties using the Site, including their personal information; disrupting the normal operation of the site or to act in any other way that could harm the site and/or accessibility of the site to other players, or modifying the rules of the game in order to make the game inequitable between users; using the Services to cheat, or to design or help design cheating systems; performing malicious acts against the Site or against other users.

Article 8 — Login Details.

8.1 Use of Login Details.

The Site offers a single registration and login method, namely logging in via the account created on the Site.

When registering, the User provides information on:

• Their email address (which will serve as their identifier each time they log in to their account);
• Their first and last name and a password of their choice (composed of at least 8 characters including at least one uppercase and one lowercase letter, one number and one special character).

8.2 Confidentiality of Login Details.

It is the User's responsibility to ensure that their Login Details are kept strictly confidential. The storage, use and transmission of Login Details are under the full and sole responsibility of the User, subject to the conditions explained in the privacy policy.

In particular, the User is warned of the insecurity inherent in the use of the feature that their computer system may allow for the automatic storage of Login Details, and declares that they assume full responsibility for the use and possible consequences of such a feature. Any use of the Login Details is presumed to have been made or duly authorized by the User. Consequently, the Publishing Company cannot under any circumstances be held liable for harmful consequences to the User resulting from illicit, fraudulent or abusive use of the Login Details and access to the Site by a third party not expressly authorized by the User. The User therefore remains solely responsible for their inability to access their Account if they forget their Login Details (for which recovery procedures exist).

Any illicit use of the User's Login Details must be reported as soon as possible to the Publishing Company at the email address [email protected] so that after registering the User's objection, it can stop the effects of this fraudulent use.

Article 9 — Personal data.

The Publishing Company understands the importance of protecting Users’ privacy, and has developed a privacy policy to that end. The privacy policy adopted by the Publishing Company is available at the following link.

Article 10 — Responsibility of the Publishing Company.

10.1 Availability of the Site. The Publishing Company strives to ensure the availability of the Site 24 hours a day, 7 days a week. However, access may be interrupted as part of maintenance operations, hardware or software upgrades, emergency repairs, or as a result of circumstances beyond the Publishing Company’s control (such as failure of telecommunications links and equipment). The Publishing Company undertakes to take all reasonable measures to limit these disruptions, insofar as they are attributable to the Publishing Company. The User acknowledges and accepts that the Publishing Company assumes no liability for any unavailability, suspension or interruption of the Site or Services. The User is personally responsible for putting in place the IT and telecommunications resources allowing access to the Site and the knowledge necessary to use the Internet. The User is responsible for connection and equipment costs related to Internet access and use of the Site. The User browses the Site at their own risk.

10.2 The Company’s responsibility. The Publishing Company undertakes to provide the Services as a diligent professional, within the framework of a best-efforts obligation. Under no circumstances can the Publishing Company be held liable for indirect or unforeseeable damages within the meaning of the Civil Code, which include, but are not limited to, any missed winnings, loss of opportunity, cost of obtaining a service or alternative technology.

Under no circumstances can the Publishing Company be held liable for circumstances including, but not limited to:

• the transmission and/or reception of any data and/or information on the Internet;
• any malfunction in the Internet network preventing the proper operation and/or functioning of one or more Services offered on the Site;
• the malfunction of any receiving equipment or lines of communication;
• routing problems;
• the consequences of any computer virus or bug, anomaly, or technical failure;
• any damage caused to a User's computer;
• any technical, hardware or software failure of any kind, that may prevent or limit participation in any of the Services offered on the Site or that may damage a User's computer system.

10.3 Force majeure. The Publishing Company cannot be held liable in the event of force majeure or for any other event beyond its control preventing the provision of the Services under conditions consistent with the provisions of the GCU.

10.4 Logging in. Login to the Site and Users’ participation in the Services offered on the Site is done under the Users’ sole responsibility. It is the responsibility of all Users to take all appropriate measures to protect their own data and/or software stored on their computer equipment against any attacks (viruses, spam, Trojan horses, bugs, etc.). Under no circumstances can the Publishing Company be held responsible for Users’ Internet connection difficulties or inability to connect to the Internet.

10.5 Cancellation, evolution, suspension. The Publishing Company cannot be held liable if, for any reason beyond its control, one or more of the Services were to be modified, postponed or canceled. Any evolution or change in the content of the Site may cause the Site to be updated and/or temporarily unavailable, for which the Publishing Company cannot be held liable in any way. Similarly, the Publishing Company reserves the right to interrupt or suspend one or more of the Services offered on the Site, at any time and without notice, without having to provide any justification. In this case, the Publishing Company cannot be held liable in any way and Users shall not be able to claim any compensation of any kind whatsoever.

10.6 Hypertext links. The Publishing Company may offer simple links on the Site to other third-party websites. In such a case, the links are provided as a courtesy only. As the Publishing Company is not able to control the content of these third-party websites, any access to these sites is under the sole responsibility of the User and at their own risk. The Publishing Company declines all liability for the content, legality or availability of the third-party sites. The User acknowledges that the Publishing Company assumes no responsibility for any losses or damages that may result from accessing or browsing these third-party sites.

The Publishing Company undertakes to act as a diligent professional in order not to offer active hypertext links to websites or content that could reasonably be considered illegal. After the link has been established, however, the Publishing Company is not able to verify the later evolution of the content of the third-party site. The Publishing Company undertakes to de-reference third-party sites whose illegal nature has been brought to its attention by any means, and in particular by a simple complaint made via email to [email protected] or by mail to the following postal address: MSC GAMING – 25A Route de Longwy, 4832 RODANGE (Luxembourg).

10.7 Third party. The Publishing Company may offer the User access to third-party sites or participation in loyalty programs, marketing or any other activities taking place on a third-party website or program. In this case, the Publishing Company cannot assume responsibility for the activities of these third parties and encourages Users to read the conditions offered by the third-party sites.

Article 11 — Guarantees. In the event that the Publishing Company is legally liable due to a breach by a User of their obligations under these terms and the legislative and regulatory provisions in force, the Publishing Company may invoke the User as a guarantee.

Article 12 — Avatars. The User may be offered the option to download an image, graphic or photograph of their choice that will be visible to them, to other players notably in the context of multiplayer games, or to any Internet user browsing the Site via the real-time leaderboard visible on the Site's home page. When the User uploads an avatar, they undertake to ensure that the avatar does not infringe on the rights of third parties (trademark, copyright, personality rights, image rights, etc.). The Publishing Company further prohibits any avatars of the types listed below, and/or any others which would be harmful to public order and/or good morals, including avatars of a religious nature; of a political nature; of a pornographic or sexually explicit nature; including bloody or gory content; etc. The Publishing Company reserves the exclusive right to determine the acceptability of an avatar, and in the event of a violation, it also reserves the option to close the account.

Article 13 — Intellectual property rights. The Publishing Company holds the intellectual property rights to all the elements composing the Site (including its graphic designs, its tree structure, its navigation interfaces, its databases, etc.). As such, and without the prior written authorization of the Publishing Company, the User may not reproduce, represent, adapt, translate and/or transform, in whole or in part, and/or transfer to another website any element or data composing the Site. Any reproduction of the brands and/or logos appearing on the Site, by any means whatsoever, without prior written authorization from the Publishing Company, is strictly prohibited. Any violation of the above provisions constitutes an act of counterfeiting that may incur the civil and/or criminal liability of its perpetrator.

Article 14 — Changes to the Service or the GCU. The Publishing Company undertakes to inform the User of any changes to the GCU by any means at its convenience. Any login to the Site/User Account after the User has been informed of the changes to the functionalities of the Site or to the GCU implies acceptance of the changes made. In order to adapt to changes in the Site and/or its operation, the Publishing Company reserves the right to modify these GCU, as well as the Services offered on the Site, unilaterally and without notice. The version of the GCU accepted by the User expresses all the obligations between the Publishing Company and the User relating to the Services offered by the Publishing Company, and cancels and replaces any prior declaration, commitment, oral or written communication, acceptance, contract or agreement relating to the provision of the Services by the Publishing Company. The User can access the GCU at any time from a dedicated page on the Site.

Article 15 — Complaints. The User can send their complaint by email to the following address: [email protected].

Article 16 — Proof. By express agreement between the User and the Publishing Company, only the latter's computer systems and files shall constitute valid proof. The computerized registers, which are kept in the computer systems of the Publishing Company under reasonable conditions of security and reliability, are considered proof of the relationships and communications that have taken place between the Publishing Company and the User.

It is therefore agreed that, except in the event of a manifest error, the Publishing Company may rely on the production, in particular for the purposes of proof, of any act, fact or omission, or of programs, data, files, recordings and other elements (such as monitoring reports or other statements) in computer or electronic format or medium established, received or stored directly or indirectly by the Publishing Company and in particular in its computer systems, and that these may be declared admissible in the event of litigation.

Article 17 — Invalidity. If one or more provisions of the GCU are considered invalid or unenforceable for any reason, that provision will be corrected to the sole extent necessary to make it enforceable. It is specified that if one or more provisions of the GCU were to be declared null or unenforceable, the other provisions would remain in full force and scope.

Article 18 — Applicable law and competent court. The GCU and the Services are governed and interpreted only by French law. Any dispute related to the interpretation, execution or non-execution of these terms and conditions shall be presented to the competent Courts, appointed in accordance with the provisions of the Code of Civil Procedure.