Encore Online
Terms & Conditions of Use
Welcome to the Encore Online. This application is exclusively for customers that register at casinos in the
State of Alabama. In order to be eligible to use this application, you must first register with a
participating casino.
The following Terms and Conditions of Use (these "Terms") govern your use of the App. This is a contract
between you and Encore Online Group (“We” or “us” or “our” or “Encore Online”). We want you to know your
rights and ours before using the Encore Online website or application (the “App”). We may refer to you as
“you” or “your” or “customer” or “Member.”
Please review these Terms. You must accept these Terms, our Privacy Policy and our Cookies Policy before
you can use the App. Once you access, view or use the App, you will be legally bound by these Terms.
Please also read our Community Guide (which form part of these Terms) and our Privacy Notice.
You should also note that Section 13 of these Terms contains provisions governing how claims that you and
Encore Online Group have against each other are resolved. In particular, it contains an arbitration
agreement that will, with limited exceptions, require disputes between us to be submitted to binding and
final arbitration. You have a right to opt out of the arbitration agreement pursuant to Section 13 below.
If you do not opt out of the arbitration agreement in accordance with Section 13, (1) you will only be
permitted to pursue claims and seek relief against us on an individual basis only; and (2) you are waiving
your right to seek relief in a court of law and to have a jury trial on your claims.
Before you can use the App, you will need to register for an account (“Account”). In order to create an
Account you must:
be at least 21 years old and be resident in the United States territory, to legally enter into a contract
and be legally permitted to use the App by the laws of Alabama.
Please note that we monitor for underage use and we will terminate, suspend or ask you to verify your
Account if we have reason to believe that you may be underage.
You can create an Account via https://player.encoreonline.us registration. For more information about what
information we use and how we use it, please check out our Privacy Policy.
Unfortunately, we cannot allow you to use another person's Account or to share your Account with any other
person without permission.
You'll have great fun on Encore Online, but if you feel the need to leave, you can delete your Account at
any time by going to the 'Settings' page when you are logged in and clicking on the 'Delete account'
link.
Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to
be completely removed from the App. Your profile information will be treated in accordance with our Privacy
Policy. If you delete your Account and try to create a new account within this time period using the same
credentials, we will re-activate your Account for you.
We use a combination of automated systems, user reports and a team of moderators to monitor and review
accounts and content to identify breaches of these Terms. We reserve the right at our sole discretion to
terminate or suspend any Account, restrict access to the App, or make use of any operational, technological,
legal, or other means available to enforce the Terms (including without limitation blocking specific IP
addresses). We may take such action, at any time without liability and without the need to give you prior
notice. Without limiting the foregoing in any way and unless otherwise prohibited by mandatory laws in the
country in which you reside, we expressly reserve the right to terminate or suspend your Account without
notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users
of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was
inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your
conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons
whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or
suspended, you agree you will not receive a refund for any paid service you have already been charged for.
If you believe that we've made a mistake in taking action on your Account or Your Content (defined below),
you can appeal using the processes outlined within the App or by contacting us using the help link in our
Community Guidelines available here.
The name stored in your account must match your legal and authentic identity, and the name under which you registered your account must match the name of the credit card or other payment account that you will use to deposit or receive money into your account. To verify your identity, we reserve the right at any time to request sufficient proof of your identity (including, without limitation, copies of a valid government-issued ID or passport and/or the cards with which you made payments) and sufficient proof of the address (including, without limitation, account statements, invoices, and the document proving the address in question). Failure to submit these documents may result in the suspension or closure of your account until you submit such documents, and our verification process is successfully completed. You cannot have more than one (1) account linked to the use of Encore Online via the internet. If you have more than one (1) account under different names, you must contact us immediately to make the necessary arrangements so that you only have one (1) account. If you have multiple accounts open, we reserve the right to close them. If we have sufficient reason to believe that you have opened multiple accounts with the intention of committing an illegal act to the detriment of the Encore Online system, we reserve the right to cancel any transaction related to the above. If you have lost your username or password, please contact us to reset it through our support team contact@encoreonline.us
If you are (i) our manager, director, employee, consultant or agent; (ii) a supplier or distributor of the product, you are not allowed to open an account on our website or directly or indirectly use our services (hereinafter, "unauthorized person") for a purpose other than the obligations you have as an employee of the Group. . Likewise, it is prohibited for family members of unauthorized persons to register on our page or directly or indirectly use any of the services. For this purpose, the term "family member" includes (but is not limited to) any spouse, partner, parent, child, or brother and sister.
There are three types of content that you will be able to access on the App:
content that you upload and provide (“Your Content”);
content that members provide (“Member Content”); and
content that the Encore Online Group provides (including, without limitation, database(s) and/or software)
(“Our Content”).
There is certain content we can't allow on Encore Online.
Our Community Guidelines form part of these Terms and outline what content and conduct is accepted on and
off our App. You agree to comply with our Community Guidelines as may be updated from time to time.
We want our users to be able express themselves as much as possible on Encore Online, but we have to impose
restrictions on certain content which:
is legal or encourages, promotes or incites any illegal activity;
is harmful to minors;
is defamatory or libelous;
itself, or the posting of which, infringes any third party rights (including, without limitation,
intellectual property rights and privacy rights);
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred
or bigotry;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links
to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
impersonates or intends to deceive or manipulate a person (including, without limitation, scams and
inauthentic behavior);
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to
interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications,
networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with,
wrongly intercept or expropriate any data or personal information whether from Encore Online or
otherwise;
or in any other way violates our Community Guidelines.
You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your
Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and
hold us harmless from any claims made in connection with Your Content. Sorry, that was a bit of a mouthful,
but you are what you post!
You may not display any personal contact or banking information on your individual profile page whether in
relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers,
email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal
information about yourself to other users, whether via email or otherwise, it is at your own risk. We
encourage you to use the same caution in disclosing details about yourself to third parties online as you
would under any other circumstances.
As Encore Online is a public community, Your Content will be visible to other users of the App all around
the world - so make sure you are comfortable sharing Your Content before you post. As such, you agree that
Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to
the App (e.g. individuals who receive a link to a users profile or shared content from other Encore Online
Users). By uploading Your Content on Encore Online , you represent and warrant to us that you have all
necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual,
worldwide license to use Your Content in any way (including, without limitation, editing, copying,
modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other
works, advertising, distributing and otherwise making available to the general public such Content, whether
in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further
approval by you.
We do not have any obligation to store Your Content - if it's important, you should make a copy.
So that we can prevent the unconsented use of Your Content by other members or third parties outside of
Encore Online, you authorize us to act on your behalf with respect to such infringing and/or unauthorized
uses. This expressly includes the authority, but not the obligation, for us to send takedown notices on your
behalf if Your Content is taken and used by third parties outside of Encore Online.
Other members of Encore Online will also share content via the App. Member Content belongs to the user who
posted the content and is stored on our servers and displayed via the App at the direction of the user
providing the Member Content.
You do not have any rights in relation to other users' Member Content, and you may only use other Encore
Online users' personal information to the extent that your use of it matches Encore Online's purpose of
allowing people to meet one another. You may not use other users information for commercial purposes, to
spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you
misuse other users information.
You may be wondering what happens to the rest of the Content on Encore Online. Well, it belongs to us! Any
other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual
property appearing on Encore Online, as well as the Encore Online software and database(s), are owned,
controlled, or licensed by us and are protected by copyright, trademark, data, database rights and/or other
intellectual property law rights. All right, title, and interest in and to Our Content remains with us at
all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our
Content, without the right to sublicense, under the following conditions:
You shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the
App.
You shall not use our name in metatags, keywords and/or hidden text.
You shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way
commercially exploit Our Content, in whole or in part, in any way.
You shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
While we don't assume any obligation to pre-screen any of Your Content or any Member Content, there may be
times where we need to step in to help keep our members safe, and we reserve the right to review,
pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between
users in direct messages as set out in these Terms.
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws,
anti-spam laws, equal opportunity laws and regulatory requirements.
use your real name and real age in creating your Encore Online account and on your profile; and
use the services in a safe, inclusive, and respectful manner and adhere to our Community Guidelines at all
times.
You agree that you will not:
act in an unlawful or disrespectful manner including being dishonest, abusive or discriminatory.
misrepresent your identity, your age, your current home address or valid ID.
disclose information that you do not have the consent to disclose.
use the App in any deceptive, inauthentic or manipulative way, including engaging in conduct or
distributing content relating to scams, spam, inauthentic profiles or commercial and promotional
activity.
submit appeals, reports, notices or complaints that are manifestly unfounded.
develop, support, or use software, devices, scripts, robots, other types of mobile code or any other
means
or processes (including crawlers, browser plugins and add-on or other technology) to scrape or
otherwise
exfiltrate from Encore Online or its services, or otherwise copy profiles and other data from the
services.
We don't like users misbehaving in the Encore Online community. You can report any abuse or complaint
about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user
directly to contact@encoreonline.us. We reserve the right to investigate any possible violations of these
Terms, any Encore Online user's rights, or any third-party rights and we may, in our sole discretion,
immediately terminate any user's right to use of the App without prior notice, as set out further in
Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted
to the App.
We don't control any of the things our users say or do, so you are solely responsible for your
interactions within the App.
YOU UNDERSTAND THAT WE DO NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. WE ALSO DO NOT
INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. ENCORE ONLINE
GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS. WE RESERVES THE RIGHT TO
CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS GAMBLING ADDITION REGISTRATION
SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release us and its successors from any claims, demands, losses, damages,
rights, and actions of any kind, including personal injuries, death, and property damage, that either
directly or indirectly arises from your interactions with or use of the App.
Scraping or replicating any part of the App without our prior consent is expressly prohibited. This
includes by any means (automated or otherwise) other than through our currently available, published
interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
For information about how we collect, use, and share your personal data, please check out our Privacy Policy. By using Encore Online, you acknowledge that we may use such data in accordance with our Privacy Policy.
All financial transactions are processed by the bingo hall with which you registered. Encore Online will not accept funds from you and will not be responsible for sending you any funds. We are not a financial intermediary, a money transmitter or an authorized agent of the casino to process monetary transactions.
If you do not access your account using your username and password and (i) or do not play through the App, within a period of 365 days. Once this period elapses, your account will become inactive, and it may be lost due to abandonment.
The promotions are intended to encourage loyal users and attract new users to www.encoreonline.us We
encourage our users to request our bonuses and enjoy them. However, we have strict policies aimed at
discouraging their abuse. Below are the general Terms and Conditions of www.encoreonline.us for the use of
Bonuses and Promotions:
Unless otherwise stated in a promotion, all promotions begin at 00:00 and end at 23:59 (GMT-6) on the
promotional date.
Bonus Claim: Unless otherwise stated in a promotion, you may claim one (1) Bonus per promotion. Bonus
offers cannot be combined.
Rollover/Waiting Requirement: Unless otherwise stated in a promotion, Bonuses are offered as restricted
points, which cannot be cashed out. The promotion has an expiration date, but once the bonuses are
downloaded in the game, they do not expire. Promotional points are always played first before regular
points.
Withdrawal: Bonus credits are for playing purposes only. If the user decides to request a withdrawal before
having met the minimum playing requirements, any winnings will be paid out, and the remaining promotional
points will remain in the wallet.
We reserve the right to review each transaction and records of each user in any case. If, after such review,
we find that a user or group of users acting together are participating in betting strategies which in our
sole discretion and the department in charge are considered abusive or fraudulent; then We reserve the
absolute right to deny the participation of said user or group of users to promotions, in addition to being
able to request that all bonuses and profits obtained from said bonuses be reversed or canceled. The Risk
department reserves all rights to charge a commission for the administrative expenses that may arise from
the return of these transactions.
All Bonuses are issued once per account, computer, person, family, household, email address and/or on shared
computers unless the promotion indicates otherwise.
We reserve the right to deny and/or cancel Bonuses and/or profits achieved if management determines
non-compliance with terms, multiple Bonus requests “due to suspected association”, deposit fraud or schemes
to defraud us. The management decision is final.
We reserve the right to modify, alter, discontinue or terminate a promotion for any reason without notifying
users.
We may provide you with emails, text messages, push notifications, alerts and other messages related to the
App and/or the Encore Online services, such as enhancements, offers, products, events, and other promotions.
After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you
will not receive any push notifications/alerts. If you accept, push notifications/alerts will be
automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may
opt out by changing your notification settings on your mobile device. With respect to other types of
messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either
following the specific instructions included in such communications, or by emailing us with your request at
comments@encoreonline.us
If you request support from us related to the App, you consent to receiving push notifications and text
messages related to your inquiry.
The App may allow access to or make available opportunities for you to view certain content and receive
other products, services and/or other materials based on your location. To make these opportunities
available to you, the App will determine your location using one or more reference points, such as GPS,
Bluetooth and/or software within your mobile device. If you have set your mobile device to disable GPS,
Bluetooth or other location determining software or do not authorize the App to access your location data,
you will not be able to access such location-specific content, products, services and materials. For more
about how the App uses and retains your information, please read the Privacy Policy.
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOU'RE YOUR OWN DEVICE AND CONECTIVITY TO ENSURE THE APP WORKS AS INTENDED. THE ENCORE ONLINE GROUP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. ENCORE ONLINE GROUP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR
DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR
CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME
DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP
AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR
ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE
EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING
FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE
LAW.
All the actions you take and information you post on Encore Online remain your responsibility. Therefore,
you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors,
officers, directors, employees, representatives and agents, harmless, from and against any third party
claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and
expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or
in connection with:
- any negligent acts, omissions or willful misconduct by you.
- your access to and use of the App.
- the uploading or submission of Content to the App by you.
- any breach of these Terms by you.
- your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are
brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as
required by us in the defense of any relevant claim.
The foregoing provision does not require us to indemnify for any unconscionable commercial practice or any
fraud, deception, false promise, misrepresentation or concealment, suppression, or omission of any material
fact in connection with the App.
If you believe any content on Encore Online infringes the copyright in a work that you own, please submit a
notification alleging such infringement (“DMCA Takedown Notice”) to Encore Online Group's Copyright
Agent.
The Takedown Notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works.
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Takedown Notices should be sent to Encore Online Group's Copyright Agent at copyrights@encoreonline.us.
The following additional terms and conditions apply to you if you download the App from a Third-Party Store.
To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise
conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and
conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You
acknowledge and agree that:
These Terms are concluded solely between you and us and not with the providers of the Third-Party Store, and
We (and not the Third-Party Store providers) are solely responsible for the App and the content thereof. To
the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict
with the applicable terms of service of the Third-Party Store from which you obtain the App, the more
restrictive or conflicting term of the Third-Party Store will take precedence and will apply.
The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services
with respect to the App. We are solely responsible for any product warranties, whether express or implied by
law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty
obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or
expenses attributable to any failure to conform to any warranty will be the sole responsibility of the
Encore Online Group.
The Encore Online Group, not the Third Party Store provider, is responsible for addressing any claims you or
any third party may have relating to the App or your possession and/or use of the App, including, but not
limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable
legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation;
and/or (iv) intellectual property infringement claims.
The Third-Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon
your acceptance of these Terms, the Third-Party Store provider from whom you obtained the App will have the
right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party
beneficiary thereof.
In the event of a conflict between a Third-Party Store's or mobile carrier's applicable terms and conditions
and these Terms, the terms and conditions of the Third-Party Store or mobile carrier shall govern and
control. We are not responsible and have no liability whatsoever for third-party goods or services you
obtain through a Third-Party Store or mobile carrier. We encourage you to make whatever investigation you
feel necessary or appropriate before proceeding with any online transaction with any of these third
parties.
If you have a claim, you can send an email to: contact@encoreonline.us. A “complaint” will be considered a disagreement that you may have regarding your gaming, deposits, withdrawals and other similar matters. We will use reasonable efforts to resolve your claim promptly. In any case, we will provide you with the results within 15 days from the date of your consultation and we will also inform you if it becomes necessary to extend this period.
If you use the Snap Lenses feature offered in our App or any other AR features provided by Snap similar to Snap Lenses, you will be subject to the Snap Inc. Terms of Service, which contain an arbitration clause including a waiver of any right to participate in a class-action lawsuit or class-wide arbitration. If you do not agree to be subject to the Snap Inc. Terms of Service, you should not use the Snap-provided AR camera features within our App.
These Terms commence on the date you accept them (as described in the preamble) and continue until
terminated in accordance with the terms herein.
You can delete your Account at any time by logging into the App, going to the “Settings” tab (the gear
icon), and following the instructions to terminate your account. Please note that if you delete your
Account, you forfeit any points in your account, and you will not be entitled to a refund except as stated
in Section 5.
In the event that we determine, in our sole discretion, that you have breached any portion of these Terms,
have misused the App, or have otherwise demonstrated conduct which we regard as inappropriate or unlawful
(whether on or off the App), we reserve the right to: (a) warn you via email or text message (to any email
addresses, or phone number you have provided to us that you have violated the Terms; (b) delete your User
Content; (c) discontinue your Account; (d) discontinue your subscription(s) without refund; (e) notify
and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for
further action; and/or (f) pursue to any other action which we deem to be appropriate. You agree that all
terminations for cause shall be made in our sole discretion and that we shall not be liable to you or any
third party for any termination of your Account.
Termination of these Terms or your Account includes the removal of access to your Account, and all related
information and content associated with or inside your Account.
If your account is terminated by you or by us for any reason, all provisions of these Terms which by their
nature should survive, shall survive termination of these Terms, including, without limitation, the
Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability. Your
information will be maintained and deleted in accordance with our Privacy Policy.
There are a few more things we need to mention before you can use Encore Online.
These Terms, which we may amend from time to time, constitute the entire agreement between you and us. The
Terms supersede all previous agreements, representations, and arrangements between us (written or oral),
excluding the Privacy Policy. Nothing in this clause shall limit or exclude any liability for fraudulent
misrepresentation.
We have taken reasonable steps to ensure the currency, availability, correctness, and completeness of the
information contained on Encore Online and provides that information on an "as is", "as available" basis. We
do not give or make any warranty or representation of any kind about the information contained on Encore
Online, whether express or implied. Use of Encore Online and the materials available on it is at your sole
risk. We are not responsible for any loss arising from the transmission, use of data, or inaccurate Member
Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from
Encore Online is free of viruses or other harmful components. You accept that Encore Online will not be
provided uninterrupted or error free, that defects may not be corrected or that we, or the server that makes
it available, are free of viruses or bugs, spyware, Trojan horse, or any similar malicious software. We are
not responsible for any damage to your computer hardware, computer software, or other equipment or
technology including, but without limitation damage from any security breach or from any virus, bugs,
tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line
or network failure or any other technical or other malfunction.
The communications between you and us may take place via electronic means, whether you use the App or send
us emails, or whether we post notices in the App or communicate with you via email or other means. For
contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree
that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to
you electronically satisfy if it were to be in writing.
We know our Terms are awesome, but we may have to change them now and again.
We might have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at
any time (a “Change”). If we do this then the Changes will be posted on this page, and we will indicate the
Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send a
communication to you or include a banner on the App notifying you of a Change. It's also possible that we
might ask you to agree to our Change. You should regularly check this page for notice of any Change. We want
our users to be as informed as possible.
Your continued use of Encore Online following any Change constitutes your acceptance of the Change and you
will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should
stop using Encore Online immediately (uh oh, that's going to be hard!).
Additional items:
If, for any reason, any of the Terms are declared illegal, invalid, or otherwise unenforceable by a court of
a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be
severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and
effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of
such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by
either party of any right, power or privilege preclude any further exercise of the right or the exercise of
any other right, power, or privilege.
You represent and warrant that:
By using the App, you agree and acknowledge that Encore Online is a global app operating through servers
located in a number of countries around the world, including the United States. If you live in a country
with data protection laws, the storage of your personal data may not provide you with the same protections
as you enjoy in your country of residence. By submitting your personal information, or by choosing to
upgrade the services you use, or by making use of the applications available on Encore Online, you agree to
the transfer of your personal information to, and storage and processing of your personal information in,
any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree
that we are not responsible or liable for:
- The availability or accuracy of such websites or resources; or
- The content, products, or services on or available from such websites or resources.
- Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
- These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
- In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us at
feedback@encoreonline.us
We will not be responsible for any actions resulting from the use of the website https://www.encoreonline.us
by the user in territories where gambling is illegal.
These terms and conditions will be governed by the laws of Alabama and the parties submit to the jurisdiction of the State of Alabama, expressly waiving any jurisdiction that may correspond to them by reason of their present or future domicile, or any other reason.
The Terms constitute a binding legal agreement between you as user (“you”) and the Encore Online Group (“we”
or “us”) and its affiliates.
Effective date
The Terms were last updated on: 03 September 2024.
COPYRIGHT AND TRADEMARKS.
We, associated companies or licensees, have knowledge and management of gaming centers designated for the
operation and exploitation of games and number draws and remote bets via the Internet through the website
https://www.encoreonline.us or via URL being its main economic activity, and we are the owner of all
material used by Encore Online, including, without limitation, software, images, drawings, photographs,
graphics, animations, videos, music, audio and text (and the rights to intellectual property relating to
them), as well as its affiliates or associated companies and/or its licensors, and is protected by copyright
and/or other intellectual property rights. The end user may not obtain ownership rights to such material,
trademarks or service marks, and is prohibited from using them without the written permission of Encore
Online and its licensor.