Terms of Use

1. GENERAL PERMISSIONS AND RESTRICTIONS:

• a. The Company hereby grants you permission to access and use the Web Sites/Applications as set forth herein, provided that:
• i. You agree not to alter or modify any part of Web Sites/Applications, except as provided for herein.
• ii. You agree not to access Content through any technology or means other than the authorized webpages and/or applications designated by the Company, or other explicitly authorized means the Company may designate in writing.
• iii. You agree not to use the Web Sites/Applications for any commercial use without the prior written authorization of the Company. Prohibited commercial uses include any of the following actions taken without the Company’s express approval:
• 1. sale of access to the Web Sites/Applications or its related services on another website;
• 2. use of the Web Sites/Applications or its related services for the primary purpose of gaining advertising or subscription revenue;
• 3. the sale of advertising, on the Web Sites/Applications or any Third-Party Website, targeted to the Web Sites/Applications or any of the Content; and
• 4. any use of Web Sites/Applications or its related services that the Company finds, in its sole discretion, to use Content with the edect of competing with or displacing the market for the Web Sites/Applications.
• iv. Prohibited commercial uses do not include any use that the Company expressly authorizes in writing.
• v. Where expressly allowed by the Company, if you use any Content on another website, you must include a prominent text link back to the Web Sites/Applications on the pages where the Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized Content.
• vi. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “odline readers,” that accesses the Web Sites/Applications in any manner. Notwithstanding the foregoing, the Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases.
• vii. You agree not to collect or harvest any personally identifiable information, including user account names, from the Web Sites/Applications, nor to use the communication systems provided by the Company (e.g. comments, messaging, etc.) for any commercial solicitation purposes.
• viii. You will otherwise comply with the Terms and Conditions contained herein, and all applicable local, national, and international laws and regulations.
• ix. The Company reserves the right to discontinue any aspect of the Web Sites/Applications at any time.

2. LICENSE:

• a. You agree by accessing, browsing or otherwise using the Web Sites/Applications and the Content are and remain the sole property of the Company or third-party providers, as applicable. Except as expressly permitted by the Company in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view the the Web Sites/Applications and the Content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by the Web Sites/Applications and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted to upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
• b. Unless otherwise provided in writing by the Company, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, use in a manner prohibited by applicable laws or regulations, decompile or disassemble any aspect of the Web Sites/Applications or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.
• c. It is a user’s responsibility to ensure that their participation and use of the Web Sites/Applications is lawful in their jurisdiction. Any user who is knowingly in breach of any sections of these Terms of Service, including sections 1, 2 or 3, or makes any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by participating from an Excluded Territory or through a third party or on behalf of a third party located in an Excluded Territory, is in breach of these Terms of Use, which constitutes a potentially actionable contractual breach, among other things, and we further caution that you may be committing fraud and may be subject to criminal prosecution.

3. ADDITIONAL USER RESTRICTIONS:

• a. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Web Sites/Applications.
• i. The Content on the Web Sites/Applications, including without limitation, the Games, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to the Company or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on the Web Sites/Applications is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. The Company reserves all rights not expressly granted in and to the Company and the Content.
• ii. To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of the Web Sites/Applications. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Web Sites/Applications or otherwise as prohibited herein.
• iii. You may access Content and other content only as permitted herein. The Company reserves all rights not expressly granted in and to the Content and the Web Sites/Applications.
• iv. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through the Web Sites/Applications for any commercial purposes.
• v. You agree not to circumvent, disable or otherwise interfere with security-related features of the Web Sites/Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Web Sites/Applications or the Content therein.
• vi. You understand that when using the Web Sites/Applications, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party content.
• vii. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, odensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.

4. APPLE DISCLAIMERS:

Users acknowledge and agree that this Agreement is solely between you and the Company only, and not with Apple, Inc. (“Apple”). Users further acknowledge and agree that, with respect to the iOS version of the Web Sites/Applications:

• a. Apple and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
• b. Apple has no responsibility for the Web Sites/Applications or any included Content.
• c. In the event of any failure of the Web Sites/Applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Web Sites/Applications to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Web Sites/Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
• d. Apple is not responsible for addressing any of your claims or those of any third-party relating to the Web Sites/Applications or your possession and/or use of the Web Sites/Applications, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the Web Sites/Applications failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
• e. In the event of any Third-Party claim that the Web Sites/Applications or your possession and use of the Web Sites/Applications infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.

5. GOOGLE DISCLAIMERS:

Users acknowledge and agree that this Agreement is solely between you and the Company only, and not with Google, Inc. (“Google”) Users further acknowledge and agree that, with respect to the Android version of the Web Sites/Applications:

• a. Google and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
• b. Google has no responsibility for the Web Sites/Applications or any included Content.
• c. In the event of any failure of the Web Sites/Applications to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Web Sites/Applications to you (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Web Sites/Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
• d. Google is not responsible for addressing any of your claims or those of any third-party relating to the Web Sites/Applications or your possession and/or use of the Web Sites/Applications, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the Web Sites/Applications failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
• e. In the event of any Third-Party claim that the Web Sites/Applications or your possession and use of the Web Sites/Applications infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
• f. Your use of the Web Sites/Applications must comply with Google’s then-current Android Market Terms of Service.

6. THIRD-PARTY WEBSITES, LINKS AND GAMES:

• a. The Web Sites/Applications may contain links to Third Party Websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, the Company will not and cannot censor or edit the content of any Third-Party Website. By using the Web Sites/Applications, you expressly relieve the Company from any and all liability arising from your use of any Third-Party Website.
• b. You additionally acknowledge that some of the Third-Party Websites accessible through the Web Sites/Applications may be fraudulent in nature in an edort to reveal personal information such as passwords, account information, and credit card information. These fraudulent sites may oder the chance to win or purchase virtual currency allegedly used by the Web Sites/Applications, such as Gold Coins, at lower prices. You agree that the Company will not be liable for any actions you take at the request of these Third-Party Websites. THE COMPANY IS THE ONLY ENTITY AUTHORIZED TO OFFER VIRTUAL CURRENCY FOR USE ON OR THROUGH THE WEB SITES/APPLICATIONS, INCLUDING GOLD COINS AND SWEEPS COINS. NO OTHER THIRD-PARTY ENTITY IS AUTHORIZED TO DO SO. Any such oder shall be deemed fraudulent and no virtual currency obtained through such methods will be honored by the Company.
• c. All third party websites are bound by their own Terms and Conditions outlined by that third party.
• d. Games displaying a third party identification are solely and exclusively owned by that third party, including all intellectual property rights in or to the online software relating to such third party game.
• e. You will not have any recourse against listed suppliers of games or any member of their respective company groups in relation to any of their respective Games and any recourse you may have in connection with the software connected to any of their respective Games is limited to the Company.

7. USER ACCOUNT:

• a. In order to access some features of the Web Sites/Applications, you may have to create a User Account either directly or through one of the Company’s third party providers or external sites (e.g. Facebook, Inc.), which may also work with the Web Sites/Applications. You agree never to use another’s User Account without permission. When creating your User Account, you must provide accurate and complete information. If you wish to update your address, email, phone number, or other contact information, you may contact customer support at the email below. The name you provide when registering your User Account must match that on your government-issued ID. If you provide any information that is untrue, inaccurate, not current, or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company reserves the right to suspend or terminate your User Account immediately and refuse any and all current or future use of the Web Sites/Applications, and declare any Prizes or Virtual Currency won invalid.
• b. If your User Account is created via your Facebook account, you are allowing the Company to access your Facebook account information. If you access the Web Sites/Applications from Facebook, you shall comply with the terms of service of Facebook as well as these Terms.
• c. You are solely responsible for the activity that occurs on your User Account, and you must keep your password secure. You must notify the Company immediately of any breach of security or unauthorized use of your User Account. Although the Company is not liable for any of your losses caused by any unauthorized use of your User Account, you shall be liable for those losses due to such unauthorized use.
• d. Any information collected by the Company, including through the Web Sites/Applications or other means will be held subject to our Privacy Policy.
• e. SINGLE ACCOUNT: You are allowed to register one (1) User Account, including any Inactive Accounts you may have, on the Platform. Should you attempt to open more than one (1) User Account, all open User Accounts in your name will be immediately suspended or closed. This includes the use of representatives, relatives, associates, adiliates, related parties, connected persons, and/or third parties operating on your behalf. You must notify the Company if you believe you have more than one User Account, whether they are all active or not.
• f. Suspected Fraud and/or Abuse will result in your User Account being closed and your winnings will be removed, solely at the discretion of the Company. The Company reserves the right to cancel any bonuses, and may remove any winnings or Virtual Currency from your User Account if there is suspicion of fraud or abuse. Fraud or abuse includes, but is not limited to:
• i. Delaying game rounds in any game, including free spins and bonus features, to a later time when you have no playing requirements;
• ii. Leaving large sums of Virtual Currency on the table and returning to the game after bonus play has been completed;
• iii. Playing games with bonus Virtual Currency to build up in-game value, lose the bonus Virtual Currency, and then redeem on the built-up value if in Sweeps Play; and
• iv. Using strategies that take advantage of any software bug or failure.

8. USER IDS AND PASSWORDS:

• a. Access to certain areas of the Web Sites/Applications or the Content are limited by a user identifier (“User ID”) and password, which is selected and/or supplied as part of the registering process for a User Account with the Web Sites/Applications. By registering, you represent, warrant and covenant that:
• i. You are of lawful age in your jurisdiction to access the Web Sites/Applications and Content, but in no case under 18 years of age;
• ii. You are using your actual identity;
• iii. You have provided only true, accurate, current, and complete information about yourself during the registration process; and
• iv. You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
• b. User ID’s on the Web Sites/Applications may not include: (i) References to breaking the law, including terrorism and child exploitation (ii) violence and/or threats (iii) hateful conduct (iv) harassment and sexual harassment (v) unauthorized sharing of private information (vi) impersonation (vii) glorification of natural or violent tragedies (viii) self-destructive behavior (ix) references to recreational drugs, hard drugs, and drug abuse, with exceptions for alcohol, tobacco, and marijuana (x) references to gaming addiction and gambling addition (xi) references to sexual acts, genitalia, or sexual fluids. Indefinite suspensions will be issued, at our sole discretion, for User ID’s that violate these Terms.
• c. By logging onto the Web Sites/Applications using any password, you represent, warrant, and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through the Web Sites/Applications that occur through your User Account or with your User ID. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any other person or third-party.
• d. In addition, you agree that you are entirely responsible for any and all activities which occur under your User Account or with your User ID whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your User Account should you fail to sudiciently disconnect and/or log od the Web Sites/Applications and/or a public computer system. Accordingly, you absolve and release the Company from any claim of harm resulting from a third party undertaking the activities.
• e. The Company reserves the right to deny or revoke access to the Web Sites/Applications, or any part thereof, at any time in our sole discretion, with or without cause. If we close your User Account pursuant to clause Section 25 of these Terms of Use, the consequences set out in section 25 shall apply. If we close your User Account for other reasons, we will make reasonable edorts to enable you to redeem any Prizes in your User Account, but any license to continued use, enjoyment or benefit of or from the Virtual Currency, including Gold Coins, and/or Sweeps Coins, will be terminated.
• f. You may not transfer any Virtual Currency odered by the Company or obtained through the Web Sites/Applications, including the Gold Coins and Sweeps Coins between User Accounts, or from your User Account to that of another User or any other third party. Further, you may not receive any such Virtual Currency from other Users into your User Account. You may not oder any Virtual Currency to any other party. Any attempt to circumvent these prohibitions may be grounds for termination of your User Account, without prejudice to any other rights or remedies available to the Company.
• g. The Company reserves the right to close, deactivate, or terminate your User Account if it deems, at its sole discretion, the User Account to be Dormant. A User Account will be deemed Dormant if there has been no login activity to the User Account for a period of sixty (60) consecutive days. Users will be sent warnings by the customer service team as a User nears the end of the sixty (60) day period of no login activity. If an account becomes Dormant, the Company will remit the balance of the redeemed value of Prizes in your User Account to you as may be required under applicable law.
• h. In the event you wish to close your User Account, you may do so at any time by contacting customer support at the email below and submitting a request to do so. By closing your User Account, you agree to forfeit all continued access to and right to use, enjoy or benefit from any Virtual Currency or potential unredeemed prizes associated with your User Account. A closed User Account may be reopened by contacting support at the email below and requesting re-activation of your User Account. The Company will evaluate all such requests and re-open accounts at its sole discretion.

9. SITE MONITORING:

• a. The Company may monitor or review any areas on the Web Sites/Applications where users upload Content, transmit or post Content or communicate with each other, or the like. However, the Company does not undertake to monitor or review every posting or communication, and disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, odensive speech or otherwise. Any instances of posts or communications which violate these Terms are subject to indefinite suspension at our sole discretion.
• b. While we may monitor the content of the communications from time to time, the Company does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of the Company.
• c. The Company, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
• d. The Company may disclose any records, electronic communications, information, materials, or other content of any kind (i) if the Company believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate the Web Sites/Applications; or (iii) to protect our rights or property or the rights or property of our users and business partners.

10. PUBLICITY, SUBMISSIONS AND MARKETING COMMUNICATIONS:

• a. Except where prohibited by law, accessing and engaging the Web Sites/Applications constitutes each User's consent to the Company's and its agent's use of Users' name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payments, notice or consideration.
• b. A Submission to the Company or a post to any of its social media pages constitutes User’s consent to give the Company a royalty-free, irrevocable, perpetual, non-exclusive license to use such submission or post on a worldwide basis, and to incorporate it into other works, in any form, media or technology not known or later developed, including for promotional or marketing purposes. If requested, User will sign any documentation that may be required for the Company or its designees to make use of the non-exclusive rights User is granting to use the submission or post.
• c. You consent to receive marketing communications from the Company in respect of its oderings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support.

11. LIVE CHAT SERVICES:

• a. We may provide you with a Live Chat service to talk to our Customer Support representatives, or to talk to other Users. This may include use of our Facebook wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes.
• b. Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only.
• c. Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing or abusing other Users or the Company employees and representatives.
• d. You will not use any Live Chat service to engage in any form of harassment or odensive behavior, including but not limited to, threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene, or odensive language.
• e. You will not use any Live Chat service to infringe the privacy rights, property rights, or any other rights of any person.
• f. You will not submit any kind of material or information on any Live Chat service that is fraudulent or otherwise unlawful or violates any law.
• g. You will not use any Live Chat service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of other forums.
• h. You will not use any Live Chat service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Platform or to other User’s systems in any way.
• i. We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure that it conforms to content guidelines that are monitored by us and subject to change from time to time.
• j. If you breach any of the provisions relating to a Live Chat service, we may ban you from using that Live Chat service or all Live Chat services and/or suspend or close your User Account. If we close your User Account, we reserve the right to cancel or refuse to redeem any Prizes.
• k. We reserve the right to remove any Live Chat service from the Platform if abused.
• l. You agree to indemnify us against any damage arising out of your illegal, unlawful or inappropriate conduct or arising out of violation of the provisions of these Terms or any other rules on the Platform applying to the Live Chat service.
• m. You will not collude in any way through the Live Chat service. Users are encouraged to report any suspicious behavior to Customer Support.

12. PATENTS PENDING:

• a. The Company’s novel methodologies, technological improvements, and overall business methods (collectively “Patentable Subject Matter”) may be the subjects of pending patent application(s) in the United States and worldwide.

13. COPYRIGHTS:

• a. The Web Sites/Applications and the Content contained and referenced therein are subject to copyrights owned by the Company and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by the Company. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to the Company at the email address below.

14. TRADEMARKS:

• a. All trademarks, service marks, titles, domain names, logos, and company names (collectively ” Trademarks”) referred to on the Web Sites/Applications are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of the Company or its adiliates or licensors. In countries where any of the Company’s trademarks, service marks, domain names, logos and company names are not registered, the Company claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on the Web Sites/Applications may be trademarks of their respective owners.
• b. The Company does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademarks. With respect to the Other Trademarks owned by the Company, you may contact us by sending a letter to us at the rmail address below to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to the Web Sites/Applications.

15. OTHER INTELLECTUAL PROPERTY RIGHTS:

• a. All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Web Sites/Applications and the Content, and all intellectual property rights embodied therein, are the property of the Company or its licensors, suppliers or adiliates.
• b. Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
• i. the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to the Company, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
• ii. You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
• iii. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with the Company;
• iv. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom.
• v. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
• vi. Misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to the Company and that in such event money damages may not constitute sudicient compensation to the Company; consequently; and
• vii. In the event of any misappropriation or misuse, the Company shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which the Company may be entitled.
• c. In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.

16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

• a. The Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide our Copyright Agent a written Notice containing the following information:
• i. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• ii. A description of the copyrighted work or other intellectual property that you claim has been infringed;
• iii. A description of where the material that you claim is infringing is located on the Service (e.g., web page link);
• iv. Your address, telephone number, and email address;
• v. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• vi. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• vii. Our Copyright Agent can be reached by mail to our contact address provided below, with attention to “Legal” or by sending an email to: [email protected]

17. NOTICE OF ENFORCEMENT:

• a. The Company vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, the Company may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection adorded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

18. GAMES:

• a. All Games available to play on both the Social Games platform, which uses Virtual Currency such as Gold Coins, and the Promotional Games platform, which uses Sweeps Coins to provides Sweeps Play, possess their own rules and odds of winning. The individual rules and odds for each Game will be available to Users in the pay tables once the Game has been launched. It is the User’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing each Game.
• b. The Company reserves the right to declare any one play, spin, or other form of participation in a Game void, either partially or in full, if there is an error, mistake, misprint, or technical error on the pay table, win table, minimum or maximum stakes, odds, or software.
• c. In the event of a diderence or discrepancy between the result showing on a User’s screen and the result showing on the Web Sites/Applications software server, the result showing on the Web Sites/Applications software server shall be the governing result.
• d. Sports Prediction Games - Should the Company oder Users the chance to play sports prediction games using one or multiple virtual currencies, then the following rules apply:
• i. Customer cannot cancel picks once they are submitted.
• ii. For over/under picks, game overtime is included in the final score (unless otherwise specified in the app or sport-specific rules).
• iii. For half-time line picks, overtime is included as a part of the second half (unless otherwise specified in the app or sport-specific rules).
• iv. All minimums, maximums, and payout odds are subject to change without prior written notice.
• v. Regarding suspended games, protest games, or overturned decisions, we follow Las Vegas gaming rules for picking purposes. Otherwise, we does not recognize suspended games, protests and overturned decisions for prediction purposes.
• vi. All sporting events must be played on the scheduled date, unless otherwise specified. If an event is postponed and/or rescheduled or there’s a change of venue, the event will automatically constitute ‘no action’, which means all virtual funds for that event will be refunded (unless sport-specific rules state otherwise). All parlays will be recalculated excluding that selection of the parlay (e.g. a 3-team parlay becomes a 2-team parlay). Individual tennis matches have no action if the match is not fully completed due to withdrawal/incapacity or disqualification. Note – This rule does not apply to Single Game Parlays (see General Rule #20).
• vii. All payouts are calculated on the odds in edect at the time of submitting the pick.
• viii. In the case of an obvious error on the posted line, scheduled time, or maximum Risk amount, any picks will be deemed ‘no action’, and all virtual funds will be credited or refunded accordingly. 'Obvious error' will be at our direction, supported by diderences in market odds at the time the pick was submitted.
• ix. In the event of a settlement error or in-game score or stat correction, all picks will be corrected to the proper outcome. These corrections may result in a change to customer virtual funds balances, up to 7 days after the completion of the event.
• x. Dates and start time of events shown are for guidance purposes only. Picks will be accepted up to the advertised start time. For any reason a pick is inadvertently accepted after an event or match has started, the selection(s) adected will be made void.
• xi. Game scores and times of in-play events are shown for display purposes only. We do not guarantee their accuracy and recommend checking with other sources instead of using them to inform decisions on placing picks. Picks will not be voided or refunded due to discrepancies or inconsistencies in the score display.
• xii. All futures picks are accepted as All In, Run or Not Run, Entered or Not Entered. Stakes are lost on a future pick if a selection does not take part. In the event of a tie where 3 or more competitors are odered in one prediction option, the payout will be divided by the number of players/competitors tied.
• xiii. Overtime, quarters or extra innings are counted in the final score when making predictions on totals, moneyline and point spread unless otherwise specified, and with the exception of soccer lines including a price for a draw.
• xiv. On half time picks, overtime is included as part of the second half.
• xv. All period and quarter picks placed are for that specific period or quarter only. All overtime picks placed will be for the full overtime, regardless of how many overtimes.
• xvi. Other sports: All other contests that involve a scheduled length of play time or time limit must be played to their conclusion or have five minutes or less of scheduled playing time remaining when the contest concludes to be considered odicial for sports prediction purposes.
• xvii. Straight pick is a single selection on a single event that carries a point spread, a total or a money line (or other market sides).
• xviii. Parlay pick is a single prediction that links together two or more selections and is dependent on all of those selections winning together. In the event that one of these selections is a PUSH or NO ACTION, the Parlay will be settled at reduced odds based on the outcomes of the other selections (e.g. a 3-selection parlay becomes a 2-selection parlay).
• xix. Single Game Parlay is combination of selections within the same event. In the event that one of these selections is a PUSH or NO ACTION, the entire Single Game Parlay will result in a PUSH, regardless of whether the other selections win or lose.
• e. Live Dealer Games - Should the Company oder Users the chance to play various casino games in a live dealer setting using one or multiple virtual currencies, then the following rules apply:
• i. These Live Dealer Games involve events via the Web Sites/Applications where Users will be Playing against the house with other Users at the same time. The Live Dealer Games include favorites such as Roulette, Baccarat, Blackjack, Dragon Tiger, Casino Hold’em, Andar Bahar, Limitless Blackjack, Teen Patti and more. The Company reserves the right to add or remove Live Dealer Games as it sees fit. Individual Live Dealer Game rules and pay-outs will be available to the Users in the individual Live Dealer Game pay tables while playing the individual Live Dealer Game. It is the User’s responsibility to thoroughly review the rules of each Live Dealer Game.
• ii. Please note that the Company cannot control certain actions of those Users, who may be for example undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences.
• iii. If you suspect a third party is colluding, cheating or undertaking a fraudulent activity, please let the Company know as soon as possible and provide as much information as possible such as Game Round ID, screenshots, video or any other identifying information such as action taken by the User, seat position or any other information related to the fraudulent claim.
• iv. The Company will take reasonable steps to prevent such unacceptable behavior, however, the Company will not be liable for any loss or damage which you may incur as a result of such third party collusion, fraud, cheating, or otherwise illegal activity. Users may leave a Live Dealer Game table at any time at their own discretion. Should the User elect to leave the table after playing their hand and after the play time locks, the results of the round will still reflect in the User’s Wallets.
• v. Please note that in the case of Live Dealer games, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the Live Dealer Game, including for example (but without limitation), through delayed coverage, a slow internet connection or equipment, or other system flaws, faults, errors or service interruption. The Company shall not be liable for any delay in relaying up-to-date information related to the Live Dealer Game.
• vi. Interactions with Live Dealer: Users will be able to interact and directly communicate with the dealer while playing a Live Dealer Game. It is the User’s responsibility to act in an appropriate, friendly, and professional manner. Users may not belittle, attack, threaten, harass, insult or otherwise argue with the dealer or other Users. Any User found to have violated this term or be reported to the Company by the Live Dealer Game operator may be subject to account suspension, termination or a permanent ban from the Company.

19. VIRTUAL CURRENCY:

• a. The Company may permit a Virtual Currency to be used for accessing and playing its Content and/or Games (“Virtual Currency”) through the Web Sites/Applications. Four (4) types of Virtual Currency will be available to Users on the Web Sites/Applications: Company-branded Coins (“XC”) and Gold Coins (“GC”), both of which can only be used to play in casino-style games for entertainment purposes through the Social Games platform odered by the Web Sites/Applications; Sweeps Coins (“SC”), which can only be used to play sweepstakes games or Sweeps Play on the Promotional Games platform odered by the Web Sites/Applications to promote the Company and the Social Games platform; and Gems.
• b. XC are used to play games in standard social gameplay on the Social Games platform. XC have no real money value, are not redeemable for any government-issued currency, and are only intended to for Users playing games in the Web Sites/Applications including only the Social Game platform. XC may be obtained for free in various ways such as a daily bonus, a free allotment every 24 hours, by winning spins in the Social Games platform, by clicking Top Up in User’s Wallet when balance is lower than 1000 XC or other preset amount, or other methods the Company may from time to time establish. XC may also be purchased from the Company through the Web Sites/Applications by using valid government-issued currency. By purchasing XC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, XC are not redeemable for any government-issued currency that is, such XC should be treated as a “good” or a license thereto, purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by the Web Sites/Applications, or as otherwise expressly indicated by the Company.
• c. GC are identical to XC in every way except they are only available to Users to play games in the Web Sites/Applications having both the Social Game platform and the Promotional Game platform odering Sweeps Play. A User’s GC and GC balances are not transferable between the platforms. GC have no real money value, are not redeemable for any government-issued currency, and are only intended to for Users playing games in the Web Sites/Applications including both the Social Game platform and the Promotional Games platform. GC may be obtained for free in various ways such as a daily bonus, a free allotment every 24 hours, by winning spins in the Social Games platform, by clicking Top Up in User’s Wallet when balance is lower than 1000 GC or other preset amount, or other methods the Company may from time to time establish. GC may also be purchased from the Company through the Web Sites/Applications by using valid government-issued currency. By purchasing GC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, XC are not redeemable for any government-issued currency that is, such XC should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by the Web Sites/Applications, or as otherwise expressly indicated by the Company.
• d. SC are only available when Users elect to play games in Sweeps Play on the Promotional Games platform. SC are not available for purchase like XC and GC are. SC may be obtained in a number of ways such as a daily allowance provided upon login, as a bonus to purchasing XC and/or GC, or by submitting a Request Card, or other methods the Company may from time to time establish. See the Company’s Odicial Sweepstakes Rules for more information on how to collect, use, and redeem SC. NO PURCHASE IS NECESSARY TO OBTAIN SC.
• e. Gems are available on both the Social Games and the Promotional Games platform. Gems are a secondary currency which allow Users to purchase and/or activate various entertainment enhancements, including features such as in-game boosts. Gems may be used while the User is playing certain games through the Web Sites/Applications. Like XC and GC, Gems possess no real monetary value and may be obtained for free in various ways such as a by logging in to the Web Sites/Applications, via CRM award, upon purchase of XC and/or GC, and other ways which may be determined by the Company from time to time. By purchasing Gems, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, Gems are not redeemable for any government-issued currency that is, such Gems should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by the Web Sites/Applications, or as otherwise expressly indicated by the Company. The amount of free Gems awarded to a User may increase based on how frequently they engaged the Web Sites/Applications. When a User collects a specific amount of Gems, they may use them to purchase and activate Boosts or other entertainment enhancement, including features such as extra free spins, double payouts, and other methods to be determined by the Company from time to time. To view available Boosts, a User may tap or click the Gems button at the top of the application or web screen. The User will then be directed to a Boosts Page where they will be able to see their Gems balance, activate Boosts, and view which Boosts the User is eligible to claim and “Play Now,” and view the list of Boosts the User may purchase with their Gems.
• f. It is the User’s responsibility to ensure each single play, round or spin using an amount virtual currency through the Web Sites/Applications reflects the amount of virtual currency a User actually intends to play. Unless otherwise contemplated in these Terms, the Company will not be responsible for a User’s negligence in playing a greater amount of virtual currency than they intended. This applies to all Games, including Live Dealer Games where a User may split their hand or double their play amount, the User must have the proper Virtual Currency balance available in order to do so.

20. PURCHASING VIRTUAL CURRENCY:

• a. The payment instrument you use to purchase XC, GC and/or Gems must be legally and beneficially owned by you and must be in your name. Should the Company learn that the name used to register your User Account is diderent from the name associated with your payment instrument, your User Account will be immediately suspended. In the event this happens to you, you must contact Customer Support at the email below to resolve the issue.
• b. If one or more of your purchases is subject to a charge back request, your User Account will be suspended. In the event of any charge back on your User Account, the amount of the charge back will be a debt owed by you to us, and you must immediately submit payment for such purchases through an alternative payment instrument.
• c. The Company reserves the right to request documents and information to verify your identity and the legal and beneficial ownership of the payment instrument you use to purchase XC, GC and/or Gems.
• d. You further agree that the Company, its Payment Administration Agent(s), and payment facilitators may store and keep your payment information (i.e. card number or token) on file to process any future purchases you may make. By accepting and agreeing to these Terms of Use, you authorize the Company, its Payment Administration Agent(s) and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
• e. Except as provided by the Company, transfer or sale of Virtual Currency is strictly prohibited between users of the Web Sites/Applications for any government-backed currency value or otherwise.
• f. All sales of Virtual Currency are final, unless at the Company’s sole and exclusive discretion a refund is deemed necessary for any reason suitable for the Company. Upon termination or suspension of your User Account, all Virtual Currency remaining in your account may be forfeited at the Company’s sole and exclusive discretion. The purchase of XC, GC and/or Gems constitutes the purchase of a limited license that allows you to participate in Social Games odered by the Web Sites/Applications and is not the deposit of funds that may be withdrawn from at any point.
• g. All uses of XC, GC, SC and Gems that have been submitted for play and accepted are final and cannot be changed, withdrawn or canceled.
• h. All Virtual Currency purchases shall be executed in USD or other currency designated by the Company and it is a User’s responsibility to ensure and confirm that their nominated bank account can accept and process transactions in USD or the Company-designated currency.
• i. Users will be responsible for all foreign exchange transaction fees, charges, or other related costs they may incur in relation to payments made by the Company, including but not limited to any losses or costs arising from foreign exchange fluctuations.

21. VIRTUAL CURRENCY BALANCES:

• a. Users may only participate in any Game if they possess the sudicient number of XC, GC or SC (depending on mode of play) in their User Account to be eligible to participate. Under no circumstance will the Company extend a User any credit for the purchase of XC, GC and/or Gems.
• b. Once a User makes a XC, GC and/or Gems Purchase, the funds will be drawn from the Users elected payment instrument as soon as practicable and the purchased XC, GC and/or Gems and any gifted SC if they are included in the purchased GC package, will be added to the User’s Virtual Currency Wallets.
• c. Users Virtual Currency balances will be displayed in their Virtual Currency Wallets (“VCW”). Each User will have two VCW’s on the Web Sites/Applications: On the Social Games platform, each User will have (1) a GC/XC Wallet and (2) SC Wallet. Each User will also have two VCW’s on the Promotional Games platform: (1) a GC Wallet and (2) SC Wallet. On the Promotional Games platform, a User may click on their SC Wallet for a dropdown menu which will display their total SC balance, Redeemable SC balance, and Unplayed SC balance. A User’s Gems balance will always be available to the User at the top of the screen on both the Social Games and the Promotional Games platforms.
• d. IIn the event a User runs out of XC and does not wish to purchase additional XC or wait for the next free allotment or bonus opportunity, a select few games will always be odered in Exclusive XC on the Social Games platform. If the User run out of XC during that session, they need only to go to their wallet and request a Top Up which shall give the User free XC if balance is below 1000 XC. User’s may also reach out to Customer Support if they run out of virtual currency (excluding SC) and wish to continue playing games. Not all games may support this feature.
• e. You agree that the Company has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies as they see fit in their sole discretion, in any general or specific case, and that they will have no liability to you based on their exercise of such rights. You agree that you have no right or title in or to any such Virtual Currencies appearing or originating on the Web Sites/Applications. ** the Company does not recognize any Virtual Currency transfers executed outside of the Web Sites/Applications or the purported sale, gift, or trade in the “real world” of anything related to the Web Sites/Applications. Accordingly, you may not sell Virtual Currency for “real world” money or otherwise exchange Virtual Currency for value outside of the Web Sites/Applications **. Any attempt to do so is in violation of these Terms and will result in a ban from the Web Sites/Applications.

22. SWEEPS PLAY, BOOSTS AND PROMOTIONS:

• a. All Promotions, including the Sweeps Play, Contests, Boosts, Special Oders, and other Bonuses, are subject to these Terms of Use, the Odicial Sweepstakes Rules, and additional terms that may be published at the time of a Promotion. In the event of a conflict between these Terms of Use and the Odicial Sweepstakes Rules, Promotion-Specific Terms, Special-Oder Specific terms, or Boost-Specific terms, the Odicial Sweepstakes Rules or Specific Terms will govern.
• b. To access the Promotional Games platform odering Sweeps Play, a User must open the Social Games platform and click on the button next to their SC balance that says “Sweeps.” The User will then be redirected to the Promotional Games platform part of the Web Sites/Applications.
• c. For more information regarding Sweeps Play, see the Odicial Sweepstakes Rules. The Company reserves the right, in its sole discretion, to withdraw or modify any such promotion (including their availability) without notice to you. If, in the reasonable opinion of the Company, we form the view that a User is abusing any promotion, to derive any advantage or gain for themselves or other User’s, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus, Prize, or award of SC as we see fit.
• d. Should any prize or other item be delivered to a user, delivery shall be subject to the availability of such prize or item and the Company may determine the delivery method and the delivery address shall be the address used by the User to register the User Account. The Company is not responsible for any lost or damaged prize or item.

23. PAYMENT ADMINISTRATION AGENTS:

• a. The Company in its sole discretion may appoint one or more Payment Administration Agent to accept payments, make payments, and facilitate the payment process from or to Users on behalf of the Web Sites/Applications.
• b. Any Payment Administration Agent appointed by the Company will possess the same rights, power and privileges as the Company under these Terms of Use. Such appointed Payment Administration Agent will be entitled to exercise and enforce their rights, powers and privileges as the Company’s agent or in the Payment Administration Agent’s own name.
• c. Under no circumstances will the Company be liable or responsible to any User for any loss, damage or other liability resulting or arising from the Payment Administration Agent’s negligence and/or acts which exceed the powers and authorities granted to it by the Company.

24. VERIFICATION CHECKS:

• a. You acknowledge and agree that the Company shall be entitled to engage in any identification, credit or other verification checks as reasonably required or as required by applicable laws and regulations or by any regulatory authorities.
• b. All requests for prize redemption will remain pending until all necessary verification checks have been completed to the sole satisfaction of the Company.
• c. The Company may from time to time request certain information from you in order to properly complete a verification check, including but not limited to situations where cumulative or single prize redemption exceeds a cash value of $100 USD. This information might include, but is not limited to:
• i. Photo Identification such as a Drivers License or State ID;
• ii. Proof of address: and/or
• iii. Proof of source of income such as a pay slip or bank statement.
• d. In the event you fail to provide any documentation requested by the Company to help perform a verification check within thirty (30) days of the request, the Company is under no obligation to continue the verification process and may, in its sole discretion, close, restrict or suspend your User Account.
• e. The Company may also use third-party service providers to assist in the identification and other verification checks using the information provided by Users.

25. CLOSURE OR SUSPENSION OF USER ACCOUNT:

Without limiting clause 8(e), we reserve the right, at our sole discretion, to suspend or close your User Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities

• a. you breached, or assisted another party to breach, any provision of these Terms of Use or the Odicial Sweepstakes Rules, or we have a reasonable ground to suspect such breach.
• b. you have more than one User Account, including any Inactive Account, on any Platform.
• c. the name registered on your User Account does not match the name on (i) your payment instrument used to make purchases of XC or GC or (ii) the User Account to which you choose to redeem Prizes, or do not legally and beneficially own the payment instrument or User Account associated with your Prize Redemption.
• d. your communication with us consists of harassment or odensive behavior, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or odensive language.
• e. your User Account is deemed to be a Dormant Account under section 8(g).
• f. you become bankrupt or insolvent.
• g. you provide inaccurate, false, or misleading information.
• h. your identity or source of wealth or source of funds (if requested) cannot be verified.
• i. you attempt to use your User Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Games using the Platform through a third party or on behalf of a third party.
• j. you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence.
• k. you are located in an Excluded Territory or a jurisdiction where Participation is illegal.
• l. you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your User Account.
• m. you have played in tandem with other User(s) as part of a club, group, etc., or played the Games in a coordinated manner with other User(s) involving the same (or materially the same) selections.
• n. Where the Company and/or the Web Sites/Applications have received a “charge back”, claim or dispute and/or a "return" notification via your payment instrument.
• o. you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity.
• p. It is determined by the Company that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage or automates your AMOE Sweepstakes Entries.
• q. If the Company suspends or closes your User Account for any of the reasons referred to in this section 25 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or sudered by the Company (together “Claims”) arising therefrom and you will indemnify and hold the Company harmless on demand for such Claim.
• r. If we have reasonable grounds to believe that you have participated in any of the activities set out in this section 25 above then we reserve the right to withhold all or part of the balance or recover from your User Account any Prizes, the XC, Gems, GC or SC that are attributable to any of the activities contemplated in this section 25. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
• s. The rights set out in section 25 are without prejudice to any other rights that we may have against you under these Terms of Use or otherwise. Any breach or suspected breach of the above-mentioned rules will result in the forfeiture of all prizes won.

26. DISCLAIMERS:

• a. THE WEB SITES/APPLICATIONS AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. THE COMPANY MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE WEB SITES/APPLICATIONS AND THE CONTENT ARE PROVIDED “AS IS” / “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE WEB SITES/APPLICATIONS.
• b. THE COMPANY DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT THE WEB SITES/APPLICATIONS AND YOUR USE OF THE WEB SITES/APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES/APPLICATIONS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEB SITES/APPLICATIONS AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT THE COMPANY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE WEB SITES/APPLICATIONS AND THE CONTENT IS AT YOUR OWN SOLE RISK

27. LIMITATIONS ON LIABILITY:

• a. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), CAUSED BY YOUR USE OF THE WEB SITES/APPLICATIONS AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE WEB SITES/APPLICATIONS AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE WEB SITES/APPLICATIONS, EVEN IF THERE IS NEGLIGENCE BY THE COMPANY OR BY ITS AUTHORIZED REPRESENTATIVE, OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. THE COMPANY’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO THE WEB SITES/APPLICATIONS, IF ANY, TO ACCESS THE WEB SITES/APPLICATIONS.
• b. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THE ABOVE LIMITATIONS DO NOT RELEASE LIABILITY FOR INTENTIONAL MISCONDUCT, RECKLESSNESS, GROSS NEGLIGENCE, OR FRAUD.

28. INDEMNITY:

• a. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, THE COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
• i. YOUR USE OF THE WEB SITES/APPLICATIONS AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE COMPANY;
• ii. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH THE WEB SITES/APPLICATIONS;
• iii. ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN;
• iv. ANY ACTIVITY RELATED TO YOUR USER ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEB SITES/APPLICATIONS USING YOUR USER ACCOUNT;
• v. ANY CIRCUMVENTION OR ATTEMPTED CIRCUMVENTION OR THESE TERMS OR ANY OTHER POLICY OF THE COMPANY; OR
• vi. ANY FRAUD COMMITTED WITH REGARD TO THE WEB SITES/APPLICATIONS.
• b. The Company reserves the right, at your expense, to assume institute civil or criminal claims against you, report you to the relevant authorities, and to assume the exclusive defense and control of any matter for which you are required to indemnify the Company, and you agree to cooperate with the Company’s defense of these claims. The Company will use reasonable edorts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your User Account or the Web Sites/Applications.

29. RELEASE FOR FORCE MAJEURE:

• a. You absolve and release the Company and our adiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, pandemics, wars, or governmental restrictions.

30. TERM AND TERMINATION:

• a. The Company reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to the Web Sites/Applications and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through the Web Sites/Applications.
• b. You may terminate this agreement at any time by providing prior notice to the Company and by destroying: (a) all of the Content obtained from the Web Sites/Applications, including, without limitation, permanently deleting all of the Content from any computer and/or media; (b) all related documentation and all copies and installations, if any. In addition, upon the Company’s request, you agree to certify in writing that all of the Content has been destroyed; and (c) permanently ceasing all use of the Web Sites/Applications. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by the Company.

31. NOTICES:

• a. Any legal notice, other document or communication required or permitted hereunder to the Company will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to the Company at the address below.
• b. Notices to the Company shall be deemed delivered when actually received by the Company or its authorized representatives.
• c. Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to the Company when you register a user account. Such notice will be deemed received by you the next business day after the email is sent. It is your responsibility to maintain an accurate, up-to-date e-mail address.
• d. Should you elect to send or receive e-mail communications of any kind to or from the Company, you represent and warrant to the Company that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
• e. Any notices users provide to the Company that do not comply with this section shall have no legal edect.

32. COMPLIANCE WITH LAWS/CHOICE OF LAW:

• a. Except as otherwise described, the Company is operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use the Web Sites/Applications from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, Russia or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
• b. Access, browsing and use of the Web Sites/Applications, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of Delaware, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
• c. Subject to the Dispute Resolution by Binding Arbitration Agreement Provision Below, these Terms of Use and the rights of the parties hereunder shall be governed and construed with the laws of Delaware, exclusive of conflict or choice of law rules. For the avoidance of doubt, the law of Delaware only governs the interpretation and enforcement of the Terms of Use. It does not displace any statutory claims or remedies that may exist under any state law.

33. DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT:

• a. PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND THE COMPANY TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH THE COMPANY AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
• b. THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST THE COMPANY BY SOMEONE ELSE.
• c. Scope of Arbitration Provision: Unless you opt out, you and the Company agree that any claim, controversy or dispute between you and the Company (the "parties") arising out of or relating to your access to or use of any the Web Sites/Applications or to the Content will be resolved exclusively through final and binding arbitration, rather than in court or before a jury, regardless of whether such claim, controversy or dispute arose prior to, on, or subsequent to the date of your acceptance of these Terms of Use. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted and, except as provided in the preceding sentence, includes any dispute, claim, or controversy between you and the Company arising out of or relating to any aspect of your relationship with the Company and/or the Web Sites/Applications or any conduct or failure to act on the part of the Company (including claims based on breach of contract, tort (for example, a negligence claim), violation of law or any claims based on any other theory) or any aspect of your access to or use of the Content.
• d. Limitation on Period in which Claims May be Brought: YOU AND THE COMPANY AGREE THAT ANY CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF ANY THE WEB SITES/APPLICATIONS OR TO THE CONTENT SHALL BE MADE BY FILING FOR ARBITRATION WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S). If the provision in the previous sentence is held to be unenforceable, then any claim(s) against the Company must be made by filing for arbitration within the limitations period designated by the state or federal law underlying the claim(s). If any claim is not brought within the applicable period discussed above, it is permanently barred, and the parties cannot bring that claim in any manner or in any forum.
• e. Costs of Arbitration: You agree to pay fifty percent (50%) of the filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, in which case you agree to be responsible for and pay 100% of the costs. You will at all times be responsible for paying your own attorneys’ fees.
• f. Arbitration Procedure: The provisions of this Section shall constitute your and the Company’s written agreement to arbitrate Disputes under the Arbitration Laws of the United States. You and the Company agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in edect at the time arbitration is sought. Those rules are available at www.adr.org or by calling the American Arbitration Association at 1-800-778-7879. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding any provision of the AAA Rules, any dispute over the formation, enforceability, validity or severability of any provision of this Section (“DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT”) shall be resolved by a court and not be a subject of the arbitration.
• g. The arbitrator shall have no authority to amend or modify the terms of this Arbitration Agreement or to award punitive or exemplary damages, except as expressly authorized by law. The arbitration award may be enforced by judgment in any court of competent jurisdiction. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
• h. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
• i. Prior to initiating arbitration, you must first send a written notice by certified mail to the Company at the contact address provided below. The arbitration notice must include the following at a minimum: (a) personal and/or account information sudicient enough to identify your user account, (b) a detailed description of your claim or dispute with the Company, and (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolved with the Company within thirty days of the Company’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.
• j. Procedure to Opt Out of Arbitration Provision: WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE TERMS OF USE, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS (AT YOUR COST) REGARDING THE CONSEQUENCES OF YOUR DECISION.
• k. If you do not agree to be subject to this arbitration agreement, you must opt out of this arbitration agreement within 30 days of entering this agreement, in the following specified manner: Send written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Attn: Legal Department, to the email address provided below in the Contact section. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must include in it your name, address, and a clear statement that you do not wish to resolve disputes with the Company through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and the Company shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration Agreement.
• l. Confidentiality: You and the Company shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
• m. If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and edect.

34. WAIVER:

• a. No delay or omission by the Company to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by the Company of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

35. SEVERABILITY:

• a. If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in edect.

36. INDEPENDENT CONTRACTOR:

• a. The Company is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and the Company.

37. TAXES:

• a. The Company does not provide advice regarding legal and/or tax matters. Please contact your local legal and/or tax expert for information on how your play at the Web Sites/Applications may have such consequences. You are solely responsible for any taxes which apply to your use of the Web Sites/Applications.

38. CONTINUED USE DEEMED ACCEPTANCE:

• a. The Company reserves the right, at its sole discretion, to change, alter, amend, add to, or otherwise modify its policies, including these Terms of Use, Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy, and Legal Notices from time to time. Any amendments will be published on the Web Sites/Applications and such changes will be binding and edective immediately. After any such modification becomes edective, the Company will deem your continued use of the Web Sites/Applications or any of the Content to constitute your acceptance of and agreement to such modification. You agree it is your duty to read these Terms of Use and Legal Notices prior to using, accessing or browsing the Web Sites/Applications. Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms of Use, or other legal doc referenced above, you must stop using the Platform.

39. EMAIL ADDRESS AND CONTACT INFORMATION:

• a. The Company may be reached by email at: [email protected]
• b. And/Or Customer Support at: [email protected]
• c. Our mailing address is: 8 The Green Suite A Dover, DE 19901

40. CALIFORNIA NOTICE:

• a. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Adairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

41. ENTIRE AGREEMENT:

• a. This constitutes the entire agreement between you and the Company with respect to your use of the Web Sites/Applications and the Content, and supersedes any and all prior understandings or agreements between you and the Company, whether written or oral. You acknowledge that, in providing you access to and use of the Web Sites/Applications and the Content, the Company has relied on your acceptance of this agreement.