Terms & Conditions

INTRODUCTION

The Terms and Conditions set out below were updated and are effective as of 00:00 Eastern Standard Time (EST) on 27 August 2014.

Please read these Terms and Conditions carefully before using this website. By using this website, you signify your assent to these Terms and Conditions as between you and Yonkers Racing Corporation d/b/a Empire City Casino (“Empire City”), operating as ‘empirecitycasino.com (Online Casino)’ whose registered office is at 810 Yonkers Avenue, Yonkers, New York 10704 914-968-4200. If you do not agree to these Terms and Conditions, do not use this website.

This website is provided by Empire City and powered by GameAccount Network PLC, a company incorporated in the United Kingdom with its registered office address at 125 High Street Kensington, London, W8 5SF, United Kingdom (“GameAccount”).

This website, the Games and the underlying software and hardware platform is wholly hosted in a secure data center located in Nevada, United States.

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COMPLIANCE STATEMENT

This website and the Games offered herein, are made available to eligible end users on a free-to-play and pay-to-play basis only.

End user participants may be awarded amounts of notional currency (“Virtual Credits”) used by the participants in order to access and play the Games. End user participants may elect to pay real money to acquire additional amounts of Credit in order to continue playing or commence playing one or more of the Games on a pay-to-play basis. Virtual Credits cannot be withdrawn by end user participants once awarded to or purchased by the end user participant. Furthermore, Virtual Credits cannot be translated into money or money’s worth.

End user participants engaged in playing the Games available on this website for Virtual Credits therefore cannot win money or money’s worth from such activity in any manner whatsoever and accordingly this website is not enabled for Internet gaming nor does this website offer real money Internet gaming in any form or format whatsoever.

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ELIGIBILITY TO PLAY

This website and participation in the activities on this website is restricted in certain circumstances. Participation in the activities and games (the "Game" or "Games") is open only to residents of those jurisdictions where such participation is legal and not prohibited by law, including by way of age. Any Games that are made available to play online are additionally only open to individuals of legal age of majority only, in the jurisdiction in which you reside. You cannot play under any circumstances if you are not at least eighteen (18) years of age; minors may not play. Additionally, residents in countries outside of the United States, regardless of their age, may not play.

In order to avoid minors playing on this website, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search with a third party for the purpose of verifying that you are 18 years or over. Where these checks are unable to verify that you are 18 years of age or over, we reserve the right to ask you for proof of age, satisfactory to Empire City in its sole discretion. If we are unable to confirm that you are aged 18 or over within seventy two (72) hours (or such other period as may from time to time be specified by Empire City) of your account being opened then we are required to suspend your account until satisfactory proof of your age is provided.

With respect to players who reside outside the United States, you may not seek to register and/or open an account within this website and in the event you circumvent the technical blocking systems employed by Empire City, or its designees, to prevent access by residents of countries outside the United States your account will be subject to immediate closure and you will forfeit any and all Virtual Credits contained therein.

Empire City and its designees reserve the right to carry out local research and to check with local authorities if you fail to produce evidence of your identity within 30 days of a request by Empire City and in the event you fail to produce evidence of your identity we will treat your account as a Dormant Account in accordance with the provisions set out below.

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GAMES

The Games found on empirecitycasino.com, located under the ‘Online Casino’ navigation are a mixture of:

• Person-to-person or multi-player games of skill and chance combined; and

• Single-player games of chance,

and certain Game rules may have been modified slightly due to the nature of the website and the Internet. You accept and recognize that the Games are provided for entertainment purposes only and do not afford opportunities to win prizes, money or other form of real currency.

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SESSION COMPLETION

After a one player Game begins, it will continue until:

• you win;

• you lose;

• you resign; or

• your connection is terminated for any reason or the game window is closed.

In the event of a multi-stage single-player game where there are still active bets of Virtual Credits on the Table, the Game state may be stored and resumed at a later date.

After person-to-person Game begins, it will continue until:

• you win;

• you lose;

• you resign; or

• your connection is terminated for any reason in which case you will be deemed to have lost the Game if you cannot reconnect to the Game while it is still in progress (please see the terms of our disconnection policy as set out below). If you lose your connection during a game of Pro Blackjack, in which you were in the middle of playing out one or more hands of blackjack, your session will persist and you will be able to login to the website, re-launch the Pro Blackjack Game and continue your hand or hands of blackjack. If you do not re-connect to continue play of this session of Pro Blackjack within thirty (30) days your Virtual Credits will be deducted or forfeited to Empire City.

In the event that:

• a disconnection occurs; or

• you close the Game-lobby window (which closes all Game Tables); or

• you close the Game-Table window,

your Game will be paused and your opponent notified of your disconnection. If you log back in and re-enter the Game lobby within two (2) minutes you will be given the opportunity to rejoin your Game Table (the “Disconnect Protection”). If you do not reconnect within the two minute period your opponent will be deemed the winner and your Virtual Credits or Credit-liability will be deducted or forfeited.

Our software will detect whether there has been a genuine disconnection. If you try to claim Disconnect Protection by simply getting 'timed out', you will be deemed to have resigned from the Game. Disconnect Protection is not to be used for any purpose other than a genuine disconnection. Any intentional disconnections from the Game lobby or Game Table may result in forfeiture or deductions of Credit winnings, or expulsion from the site.

In the unlikely event a real Game in progress is cancelled due to technical issues, both players will be automatically refunded their Credit buy-ins, regardless of the players’ standing when the Game was stopped. We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion. Refunds may be communicated via electronic mail or via the Site.

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AVAILABILITY OF GAMES

We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.

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PASSWORD RESPONSIBILITY

We shall not be required to maintain usernames or passwords and if you misplace, forget, lose or are otherwise unable to enter the website empirecitycasino.com (Online Casino), we will not be responsible and will not be held liable for any claims regarding your account.

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MODIFICATION OF TERMS AND CONDITIONS

We reserve the right to modify and/or amend any of these Terms and Conditions from time to time as we deem fit. The Terms and Conditions contained herein may be modified and/or amended without notice to you. Any such modifications and amendments will take effect upon posting in the "Terms and Conditions" section of this website.

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REPRESENTATIONS & WARRANTIES BY PLAYERS

By doing any of the following things:

• entering the website;

• opening and using an account on the website; and

• playing Games on the website, you hereby represent, warrant and certify all of the following:

• you are not required to participate in the Games;

• participation in the Games, if elected by you, is at your sole option, discretion and risk;

• you fully understand, agree to, become a party to and shall abide by all rules, regulations, terms and conditions contained herein and as such rules, regulations, terms and conditions may change from time-to-time;

• you have the full, complete and unrestricted legal right to participate in the Games and your participation in the Games is not prohibited in your jurisdiction or by any other local rule, regulation or law;

you are:

• at least 18 years of age; and

• an "adult" (as that term is legally defined within the jurisdiction in which you are playing from) or the age necessary to participate in the Games, if the jurisdiction within which you playing from requires you to be over a certain age;

• you only have one account, username and password with Empire City for all of the websites run by that company and understand that your account may be closed if you are deemed to be operating more than one account or username;

• you shall not allow any other person or third party including, without limitation, any minor, to participate in the Games; use or reuse your account; access and/or use any materials or information from the website.

• you understand that the terms ‘empirecitycasino.com’ and ‘Empire City Online Casino’ are trade names of Empire City and you obtain no rights to such trade names, terms, graphics, text, concepts or methodologies, by using the website and the material contained therein;

• your interest in the Game and the website is personal, and not professional;

• your entering of the website is solely for your own personal entertainment and any other entrance, access, use or reuse of this website by you is strictly prohibited;

• you play the Games entirely at your own risk.

• you shall periodically review at a rate not less than once monthly these Terms and Conditions posted within the "Terms and Conditions" section of the web site;

• you shall not participate in the Games; open, use or reuse an account; nor enter the web site, if you do 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 may change or be amended from time to time;

• you do not find the Game or the web site to be offensive, objectionable, unfair or indecent;

• you understand that you will receive mailings and/or cellular text messages and/or emails informing you of news and information relating to empirecitycasino.com (Online Casino), the Games and/or the land-based casino property known as Empire City Casino at Yonkers Raceway and located in New York, from time to time. You can unsubscribe from future mailings at any time in accordance with the Empire City Privacy Policy;

• we make no representations or warranties, implicit or explicit, as to the legal right for you to participate in the Games nor shall any of our employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotion (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;

• you acknowledge that the chat room facility is provided solely to enhance your or your opponent's enjoyment of a Game. You will not use the chat room facility to post any obscene, racist, sexist, defamatory, inflammatory or otherwise objectionable wording in accord with our Code of Online Conduct set out below. If you do so you will hold Empire City and GameAccount harmless from any loss, damage, cost or expense of whatsoever nature or howsoever arising therefrom including but not limited to loss of business, profit, extraordinary or punitive damages, any fines or penalties. We may terminate your Account and your access to any Games;

• you acknowledge that we, without liability or responsibility, may in our absolute and sole discretion:

(i) decline to accept the registration of any person, including you, to this website;

(ii) restrict, discontinue, suspend or terminate access to the website or play on the web site for any reason whatsoever;

(iii) may cancel or unwind all Credit promotional awards and confiscate any Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended or terminated. You acknowledge such Credit winnings as forfeited; and

(iv) actively scan Games on our website to ensure that no players are using any type of 'bot' or additional software in order to give themselves an unfair strategic advantage while playing a Game. While we cannot prevent players from initially using such aids, we do reserve the right to retrospectively cancel or unwind all Credit promotional credit awards and terminate any account and confiscate any Credit winnings derived from tournament entries or wagers where we have detected, on review of customer's gameplay, that such aids have been used. Our decision, without liability or responsibility, is final on all accounts terminated.

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COLLUSION, CHEATING AND FRAUD

If you are playing any head-to-head or multiplayer Game in competition against or seated with other players of the same Games you cannot see or identify those players who you are playing against or with (other than by username or alias published in the software environment) and they may be:

• colluding with other third party players; or

• using unfair external factors or influences (commonly known as cheating); or

• undertaking fraudulent activities to your disadvantage and their advantage.

Such practices are not allowed and we will take all reasonable steps to prevent them.

If you suspect any player is cheating or colluding or undertaking a fraudulent activity it should be reported to us immediately by email to customerservices@play.empirecitycasino.com identifying the player or players’ usernames or aliases involved and containing a brief description of their suspect activities.

We reserve the right to terminate your account, withhold or confiscate in full or part (at the unfettered discretion of the customer services staff) the Credit balance of your account and in doing so recover from your account the amount of any Credit if:

• you are found to be or reasonably suspected to be participating in any form of collusion or fraudulent practice;

• we become aware that you have undertaken Credit gaming with any other online provider of Credit gaming and are suspected (as a result of such play) of fraud, collusion or unlawful or improper activity;

• we become aware that you have begun proceedings to "charge back" a bank card or have denied any of the Credit purchasing transactions made on your account;

• you become bankrupt or have equivalent proceedings occurring anywhere in the world; or

• you violate or promote the violation of any applicable laws or regulations

If we become aware, or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity then we reserve the right to retain the amount of that transaction and any other transaction made by you. We shall be under no obligation to provide you with any reasons for so doing.

Where we suspect that you are participating in any form of unlawful activity, collusion or fraudulent practice we reserve the right to report such activity or suspicions to the police or relevant authorities.

You may not play any Game if you or a member of your household, are or have ever been, an employee of Empire City and/or GameAccount or any of their its subsidiaries or affiliated companies. For the purposes of this clause an “employee” includes third party contractors such as licensors, software suppliers, developers or partners and all those persons in any way affiliated with them.

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DISCLAIMER OF LIABILITIES

Under no circumstances, including but not limited to, negligence, shall Empire City nor Game Account, nor their employees, suppliers or affiliates, be liable for any loss of chance or opportunity, damages (including loss of profit), special, consequential or otherwise, that result from the use of, or the inability to use, the materials in this web site, even if our representative (authorized or otherwise) has advised you of the possibility of such.

The materials in this website are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including without limitation, any warranties of merchantability, fitness for a particular purpose, non-infringement, course of dealings, course of performance, usage or trade. Applicable law may not allow for the exclusion of implied warranties and, to that extent only, the above exclusion may not apply to you.

We are not under any obligation to provide the web site, or any Game thereon, to anyone, or the opportunity for any person to participate or continue to participate in any Game or tournament and we expressly decline liability for the same.

We do not warrant that the functions contained in the content of this web site will be uninterrupted or error-free, that defects will be corrected, or that this web site (or the server that makes the website content available) is free of viruses or other harmful components.

We are not responsible for:

i) technical, hardware, software, telephone failures of any kind;

ii) lost or unavailable network connections;

iii) incomplete, garbled, or delayed computer transmissions; and/or

iv) any technical or human error which may occur in the processing of submissions which may limit your ability to participate in the website,

whether caused by us, by you or by any of the equipment or programming associated with or utilized in the provision of the Games and the website.

We do not warrant or make any representations regarding the use or the result of the use of the materials in this website in terms of correctness, accuracy, reliability or otherwise.

We shall not be liable for computer malfunctions, nor attempts by you to participate in the Game by methods, means or ways not intended by us.

We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail.

We may collect information about your computer including, where available, your IP address, operating system and browser type. This is statistical data and does not identify any individual.

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JURISDICTION AND OPERATION

The Terms and Conditions and the agreements made herein shall be governed and construed in accordance with the laws of the State of New York and the federal laws of the United States applicable therein. Any legal action or proceeding relating to your access to, or use of, the website or content shall be instituted in the courts of New York. You agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

This website is operated from a server, or servers, owned by Empire City or GameAccount, and neither Empire City nor GameAccount makes any representation that the materials or content in this website are:

• appropriate; or

• available in any location.

If you choose to access this website you do so on your own initiative and are responsible for compliance with local laws, if and to the extent applicable.

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RESPONSIBLE CREDIT GAMING

Management wish you to enjoy online free-to-play and/or Credit-based pay-to-play gaming in a responsible fashion and request that you follow these simple guidelines:

i) Please try to establish limits for the Credit-based payments you are willing to make over any period of time, before you start playing;

ii) Free-to-play and Credit-based gaming on this website is not recommended if you are recovering from a dependency or are under the influence of alcohol or other substances;

iii)Credit-based gaming on this website is not recommended if it might interfere with your daily responsibilities; and

iv) Self-exclusion: While you may request to close your account, any closed account can be re-opened by applying through the website to the customer services team at customersupport@play.empirecitycasino.com. You may wish to permanently close your account by electing to “self-exclude”. In order for you to “self-exclude” please contact our customer services team requesting “self-exclusion”. Please note Empire City Online Casino is a Credit-based pay-to-play gaming site and closure of your Empire City Online Casino account will not affect your access to Empire Club or constitute an exclusion from any gambling related activities at any Empire City property. Should you wish to self-exclude from gambling activities related to the Empire City property please visit http://www.empirecitycasino.com/responsiblegaming/ and follow the listed guidelines. Any purchases of Virtual Credits made prior to your account being closed by a member of the Empire City customer services team, along with any unused Virtual Credits will be forfeited and are non-refundable.

v) Over 18s Only: It is not allowed for anyone under the age of 18 years to play our Games for Virtual Credits. We reserve the right to request proof of age, identity and address and may request that you download, complete and return a form by fax to a nominated number together with a copy of your passport or other form of valid photo ID. We also reserve the right to make inquiries with third parties in order to verify your identity, age and place of residence.

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CUSTOMER DISPUTES

We hereby inform you that we shall record all electronic transactions in the interests of staff and clients.

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MISCELLANEOUS

Subject to any rules posted herein from time to time (such as Tournament Rules) the Terms and Conditions contained herein represents the complete, final and exclusive agreement between you and Empire City and supersedes and merges all prior agreements, representations and understandings between you and Empire City.

If any provision of these Terms and Conditions shall be determined to be unlawful, void or for any reason unenforceable, then the unlawful, void and/or unenforceable provision(s) shall be deemed severable from the other provisions contained herein and shall not affect the validity and enforceability of any of the remaining provisions.

Other than the limited, permitted use to participate in the Games on the website, you agree not to use any content provided through the website for any public or commercial purpose without our express written permission. You agree not to download, rent, lease, loan, distribute, create derivate works, copy, re-use, modify, adapt, attempt to decompile, decipher, disassemble, reverse engineer, decrypt or discover the source code of all or any portion of the Games, create improvements, or seek to obtain intellectual property protection on the content of any intellectual property rights in the Games. Nothing contained in this web site shall be construed as granting by implication, estoppel, or otherwise, a license or right of use of any trademark displayed in the website.

Credit-based transactions are only valid if accepted by our server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserves the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Credit-based sum deducted from your account with respect to that Game may be credited to your account.

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CODE OF ONLINE CONDUCT

When you chat to other persons online you are required to:

• use polite and courteous behavior; and

• to extend to strangers from different US States and cultures those widely recognized levels of social etiquette employed during telephone communications or meetings in person.

• While the great majority of our online players understand and adhere to these recognized levels of courtesy and politeness in all chat room discussions and email messages ("Communications") a small minority engage in unacceptable behavior during such Communications ("Abuse").

We accept and recognize your right to freedom of expression during online communications but you shall recognize your primary responsibility towards other players not to cause offense through the use of inappropriate or inflammatory words, comments or phraseology during online Communications either prior to, during, or after, any online Game session.

We require that you refrain from Abuse, whether intentionally caused or not. Abuse may be specifically constituted by any of the following:

• using foul language or expletives in the course of Communications;

• insulting fellow players (whether in-Game or not);

• repeated or one-off Communications during a Game session intentionally timed to distract or otherwise interfere with the course of the Gameplay; and/or

• employing sexual language or words suggesting inappropriate behavior.

In addition, we strongly recommend to our players that they withhold their email addresses from other players at all times in order to avoid the risk of onward distribution or publication of these to unauthorized companies or persons. We will not release email addresses to unauthorized third parties unless required to do so by operation of law or regulation and we request that our players extend that privilege to each other.

Compliance with our Code of Online Conduct is a mandatory requirement of all our players who have accepted our Terms & Conditions for using and accessing the website and playing the Games. We monitor, store and review all chat room and in-Game Communications on a regular basis and will investigate any complaints submitted by our players. Failing to comply may result in the suspension and / or termination of your user account. Suspended accounts may be re-activated at our discretion.

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PAYMENTS FOR CREDIT

Please ensure all of your personal details relevant to your account on the website (under the section My Account/My Details) are correct. If any of your personal details are either not correct or are missing, we will not be able to authorize and process your payments in return for Virtual Credits.

Credit Cards

We accept payments for Credit by MasterCard and Visa. All credit card transactions are completed on a secure encrypted link between our head office and the clearing bank centre. This payment method is free.

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PROMOTIONAL OFFERS

You may be awarded Credit to use on the website by opening an account online and thereby automatically accepting a promotional offer.

We reserve the right to remove Credit from your account if we, at our sole discretion, deem you have attempted to abuse the Credit.

You may be awarded rewards points credited to your Empire City Rewards Card® and redeemable in the Empire City Casino property, consequent only to undertaking purchases of Virtual Credits via the website (and not, in any way, consequent to Your activity playing the Games or any outcomes associated with playing the Games).

As a participant in any promotion (“Promotion”) you must agree to abide by these Terms and Conditions governing usage of the Games and the website.

Specific terms and conditions relating to the Promotion will be set out on the website under the promotions section of this website.

To the extent that the terms and conditions of the Promotion conflict with these Terms and Conditions the terms and conditions of the Promotion will prevail.

We reserve the sole, unfettered right to exclude or otherwise remove you from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion.

Each Promotion is available only once per customer. The identity of a customer will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If you are found to have multiple accounts it will result in all your accounts being closed and any Credit being forfeited.

We reserve the right to vary the terms of, or terminate, the Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.

Credit will expire after two months of inactivity i.e. no Games played during that time.

We reserve the right to ask you to provide sufficient documentation to satisfy us in our absolute discretion as to your identity prior to us awarding any Credit consequent to any promotion.

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WITHDRAWALS

Credit may not be withdrawn from your account in any circumstances. You acknowledge that the Credit held within your account consequent to purchases of Credit in return for real money have no monetary value and are neither money nor real currency.

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PUBLICITY

In the event you accumulate a material amount of Credit in your account (and materiality shall be determined at the sole discretion of Empire City or GameAccount) during the course of playing the Games available at this website, you authorize us to promote your activities playing the Games and associated Credit accumulation through diverse marketing and promotion undertaken in a manner entirely at our discretion and including but not limited to:

• news articles posted online and visible to other players of the Games;• leader boards published on the website;

• email communications to our other customers;

• press releases intended for publication to the public; and

• advertising of your activities.

At all times we will ensure that your identity is kept confidential unless specifically waived by you.

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FEES DERIVED FROM CREDIT PAYMENTS

We will charge you 100.0% of the real money sums paid by you in return for Virtual Credits required to continue playing the Games available on this website. This fee shall be taken in full effective the moment your real money online payment in return for any amount of Credit is successfully processed. We charge this fee to cover our costs of development, hosting and maintenance and share any profits with commercial partners.

Dormant Accounts

Your account will be deemed a “Dormant Account” in the event you fail to use your account for a single continuous period of 90 days or more. Use of your account may be constituted by:

• playing one or more of the Games for Credit; or

• purchasing Virtual Credits.

All Dormant Accounts with Virtual Credits remaining shall be subject to an inactivity charge of 100% of all Virtual Credits contained in your account one day following the first month in which your account is deemed a Dormant Account. After your account has been deemed a Dormant Account and has subsequently been dormant for an additional calendar month, your account shall be deemed an “Abandoned Account” and closed at a time solely determined by Empire City and/or GameAccount.

In the event that you return to the website in order to carry out any one of the previously stated activities and your account has been previously deemed either a Dormant Account or an Abandoned Account, please contact Customer Services for a review of your account.

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PLAYER RATINGS

Your per-Game player rating is operated and defined at our absolute discretion and is subject to change from time to time without notice to you. Information on player ratings is clearly displayed on each Game specific website page.

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PRIVACY POLICY FOR USERS (THE “PRIVACY POLICY”)

Introduction

When you use Empire City’s online games services via this website, you shall be asked to provide personal identifiable information ("Personal Information") to Empire City.

We are committed to respecting your privacy and protecting your Personal Information. We have created this Privacy Policy to help you understand how we collect, use and safeguard your Personal Information for the purpose of offering you Gaming services. If you do not understand the Privacy Policy, or how we handle or use the Personal Information which you provide to us, then you are invited to send in your questions to customerservices@play.empirecitycasino.com and we will do our best to answer your questions in full as quickly as possible.

Empire City complies with all applicable data protection laws. We undertake periodic audits with relevant heads of department to review our practices in this area.

You should read this Privacy Policy in conjunction with the empirecitycasino.com (Online Casino) website terms and conditions.

Personal Identifiable Information

We collect Personal Information when you register and use our online Games services, make customer inquiries, register for information or other services from Empire City, or when you respond to communications from us (such as questionnaires or surveys). The Personal Information we will collect from you may include, for example, your name, email address, home address, telephone number, debit/credit card data and date of birth and other information collected on registration, or through surveys which Empire City may undertake. We may also receive Personal Information from online vendors and service providers, and from customer lists lawfully acquired from third-party vendors. In addition, Empire City may engage the services of third-party service providers to provide technical support, process your online transactions and maintain your account. We will have access to any information you provide to such vendors, service providers and third-party e-commerce services.

Processing of Information

The Personal Information which you provide to us may be processed by us for one or more of the following purposes:

(i) to allow us to provide you with online games services;

(ii) to process any of your requests for information;

(iii) to provide member support services to you;

(iv) to market our services or products or those of other entities existing within the same group of companies in which Empire City Casino exists (“Empire City Group”);

(v) to notify you about updates to our software and/or services; and

(vi) to support any of the intended purposes specifically stated at the time at which you provided the Personal Information,

together the “Purposes”.

Disclosure of Information

Your Personal Information may, for the Purposes, be disclosed for processing to any of the following Recipients:

(i) to any companies within the Empire City Group and their employees or advisers or designees or nominees who have a need to know such information;

(ii) to any third parties which provide services to Empire City in order to allow or enable us to provide you with online Games services, including by way of example payment processors and data verifiers;

(iii) to any auditors, contractors or other advisers auditing any of Empire City Group's business processes; and

(iv) to any potential purchasers or investors in any company within the Empire City Group,

together the “Recipients”.

Any processing performed by any Recipients will, where required by applicable law, be governed by a data processing agreement in the form required by applicable law, preserving any and all of your statutory data protection rights and obligating the Recipients to respect the Personal Information and handle it in accordance with all applicable laws.

Your information will not be disclosed to government institutions or authorities unless required by applicable law.

Permitted Disclosures

We may disclose your Personal Information if required to do so by applicable law, or if we believe in good faith that such action is necessary to:

(i) comply with any legal process served on Empire City, our websites or our services in circumstances where we are under a substantially similar legal obligation;

(ii) protect and defend our rights or property; or

(iii) act to protect the personal safety of users of the services or the public.

If, in our sole determination, you are suspected or found to have cheated, or attempted to defraud Empire City, the Empire City Group, Game Account ,or any other user of the services in any way, including, but not limited to, Game manipulation or payment fraud, or if we suspect you of fraudulent payment, including use of stolen credit cards, or any other fraudulent activity (including any chargeback or other reversal of a payment) or prohibited transaction (including money laundering), we reserve the right to share this information (together with your identity) with banks, credit card companies, and appropriate agencies.

Direct Marketing – Opting Out

Out of respect for your right to privacy we are happy to provide you with an easy means to decline receiving email offers from us or from any other companies within the Empire City Group. At any time, you may request to discontinue receiving these offers by sending a blank message with the word "Remove" in the subject area to customerservices@play.empirecitycasino.com. If you would like to stop receiving our mail or telemarketing offers, please write to customerservices@play.empirecitycasino.com.

Your Rights in relation to your Personal Information

You can write to us at any time to obtain a copy of your Personal Information and to have any inaccuracies corrected. Where appropriate, you may have your Personal Information rectified, amended or completed. Please email customerservices@play.empirecitycasino.com. We reserve the right to levy a small charge to cover the cost of administration.

Security

Empire City and its partner and service provider GameAccount (and its designees) holds the Personal Information on servers based in the United States. In addition, when you interact with Empire City using the Internet, our servers keep an activity log unique to you that collects certain administrative and traffic information including: source IP address, time of access, date of access, web page(s) visited, language use, software crash reports and type of browser used. This information is essential for the provision and quality of the services provided.

We have implemented suiTable security policies, rules and technical measures to protect and safeguard all the Personal Information under our control from unauthorized access, improper use or disclosure, unauthorized modification, unlawful destruction or accidental loss. All our employees and data processors who have access to, and are associated with the processing of your Personal Information, are obliged to respect your privacy.

The processing of your credit / debit card details is handled by third party companies who comply with Payment Card Industry (“PCI”) standards in the storage and transmission of data.

Unfortunately, the transmission of information via the internet is not completely secure. Although Empire City will do its best to protect your Personal Information as described in the paragraph above, it cannot guarantee the security of any information that you disclose online. You accept the inherent security implications of using the internet and will not hold us responsible for any breach of security unless we have been negligent. For your own privacy protection, we encourage you not to include sensitive Information (such as credit/debit card numbers) in any emails you may send to us.

Third Party Service Providers

In order to continue play of the Games using Credit, you may be required to purchase Credit and therefore send real money to us. We may use third-party electronic payment processors and/or financial institutions ('ESPs') to process such financial transactions. By accepting this Privacy Policy, you expressly consent to the Personal Information necessary for the processing of transactions being shared with ESPs, including, where necessary, the transfer of information outside of your State and/or country. We take all reasonable steps to ensure that our arrangements with ESPs protect your privacy.

Security Review

We reserve the right to conduct a security review at any time to validate your identity, age, the registration data provided by you and to verify your use of the services and your financial transactions for potential breach of our Website Terms and Conditions and of applicable law. By accepting our Website Terms and Conditions you authorize us, our employees, agents and suppliers to use your Personal Information and to disclose your Personal Information to third parties for the purposes of validating the information you provide to us in the course of using the services, including, where necessary, the transfer of information outside of your country. Security reviews may include but are not limited to ordering a credit report and/or otherwise verifying the information you provide against third-party databases. In addition, to facilitate these security reviews, you agree to provide such information or documentation as we may request.

Anti-Fraud Software

Our services contain certain features designed to detect the use of automated programs that enable artificial (non-human) intelligence to play on our websites. Use of such 'bot' software programs violates our Website Terms and Conditions of use, where we deem it detrimental to other players. By accessing the websites and using the services, you consent to our software performing the functions described in this section. Our software may perform any or all of the following functions in order to detect the use of illicit automated programs and ensure that we maintain a 'cheat free' environment for all users:

(i) scan your list of active software applications while you are using the services;

(ii) scan your list of active processes while you are using the services; and/or

(iii) scan the files and site-related program folders to ensure that only 'non-hacked' versions of our software are being used.

If any of the foregoing processes reveals a suspect application or process, our software may scan the files associated with the suspect application or process and compile a composite mesh (i.e., a profile that characterizes the files associated with the application or process) to be matched against profiles for known illicit automated programs. Our software will not perform any random search of large portions of your hard drive, equipment or files, and it will not transmit any information to us or to any third party other than the information necessary to identify use of illicit automated programs as described above. Our software will not alter any files or information on your computer or other equipment and will not interfere with the operation of any of your applications. You may terminate use of our software at any time by uninstalling our software package.

Cookies

We may send you a permanent cookie when you register with us. A cookie is a small file that can be placed on your computer's hard disk for record-keeping purposes. Cookies can help us to recognize you when you next visit our website, note the advertisements you click on and the other sites you enter via a link from our website. This allows us to tailor the service we provide to your preferences. We may also use the data generated from cookies to compile statistical data on your use of our website. You are not obliged to accept a cookie from us or from any other website. You can modify your browser so that it will not accept cookies. Please consult the "Help" section of your browser for instructions on how to do so correctly. However, for legitimate security reasons, we may refuse access to specific website content unless you accept the use of a cookie or similar device.

Advertisements

We reserve the right to use third-party advertising technology to serve advertisements when you visit our web site. This technology uses information about your visits to our websites (not including your name, address, or other personal information), to serve our advertisements to you. In the course of delivering our advertisements to you, a unique third-party 'cookie' may be placed or recognized on your browser. We also transmit website usage information about visitors to our websites to the servers of a repuTable third party for the purpose of targeting our Internet banner advertisements on this site and other sites. To do this, we use 'Web beacons' and 'cookies' provided by our third-party advertisement server on our sites. The information that is collected and logged on our behalf through this technology is not personally identifiable.

Protection of Minors

The services provided by Empire City are not intended for or directed to minors or persons under the age of legal consent. Any person who provides us with Personal Information represents to us that they are 18 years of age or over the age of legal consent in their jurisdiction. We reserve the right to access and verify any Personal Information submitted by or collected from you. If we become aware that a minor has attempted to or has submitted Personal Information, we may not accept this information and may take steps to remove such information from our records.

Third Party Services

We cannot ensure the protection of any information or images that you provide to a third-party online site that links to or from the services or any information collected by any third party administering our affiliate program (if applicable) or any other program, since these third-party online sites are owned and operated independently of us. Any information collected by these third parties is not governed by this Privacy Policy but by the privacy policy, if any, of such third party. If you have questions about a third party's information practices, please read its privacy policy. We assume no responsibility or liability whatsoever for the practices, actions or policies of such third parties, and we are not responsible for the content or privacy practices of such third party online sites.

International Transfer

Since our partner and provider GameAccount operates globally, it may be necessary to transfer your Personal Information to other companies within the GameAccount organization located in countries outside the United States. The data protection and other laws of these countries may not be as comprehensive as those in the United States - in these instances we will take all reasonable steps to ensure that a similar level of protection is given to your Personal Information.

Retention

Your Personal Information will not be stored for any longer period than is necessary for the purposes for which it was collected. We do not sell Personal Information to any third party and, in accordance with the privacy policy applying to customers on our operational website, do not otherwise provide this information without consent or unless acting in good faith that such action is necessary to conform to applicable legal or regulatory requirements.

Change in Ownership or Control of Empire City

If Empire City should ever file for bankruptcy, or become insolvent, or be acquired by a third party, merge with a third party, sell all or part of Empire City’s assets, or transfer substantially all or part of our relevant assets to a third party, We are entitled to share the Personal Information and all other information you have provided through the services to potential and subsequent business and merger partners.

Information about us

This Privacy Policy is subject to change, so please check it regularly. We reserve the right to amend or modify this Privacy Policy at any time and in response to changes in applicable data protection and privacy legislation. In the event the Purposes change, we will notify you as soon as possible and, where required, seek your consent where such notification relates to a new additional purpose for processing.

If you have any enquiry about this Privacy Policy please write to customerservices@play.empirecitycasino.com

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