Last Revised: 11 December 2025.
IMPORTANT NOTICES
PLEASE NOTE THAT THESE TERMS INCLUDE A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. FOR FURTHER DETAILS PLEASE SEE SECTION 25 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) BELOW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR SWEEP PRIZES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
PLEASE NOTE THAT THESE TERMS INCLUDE A PROVSION WAIVING THE RIGHT TO A JURY TRIAL. FOR FURTHER DETAILS PLEASE SEE SECTION 27.3 (ADDITIONAL PROVISIONS) BELOW.
THE SERVICES WHICH INCLUDE WITHOUT LIMITATION THE GAMES, ARE NOT “REAL MONEY GAMBLING". NO ACTUAL MONEY IS REQUIRED TO PLAY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. THE SERVICES ARE INTENDED FOR RECREATIONAL AND ENTERTAINMENT PURPOSES ONLY AND ARE VOID WHERE PROHIBITED.
You agree to be bound by The Terms of Use, the Sweepstakes Rules, the Privacy Policy (which sets out how we collect and use your personal information), Policy on Responsible Social Gameplay, any game specific rules and any promotion specific terms and conditions. The Terms of Use, the Sweepstakes Rules, the Privacy Policy, Policy on Responsible Social Gameplay, any game specific rules and any promotion specific terms and conditions shall constitute the "Terms"
The Terms form a legal binding agreement between you and us.
You must read the Terms which includes without limitation the Privacy Policy carefully in their entirety before checking the box for acceptance. By checking the box for acceptance during the registration process, or by accessing the Services or registering an Account, you confirm that you have read and agree to be bound by the Terms. If you do not agree with any provision of the Terms, you agree that you shall not access the Platform or use any of the Services which includes without limitation the Games or the Platform Content.
You may only access the Platform and use the Platform Content, Services, Gold Coins, Sweep Coins and Redeemable Sweep Coins (all as defined below), if you are located in the United States (except if you are located in or resident of the State of California, the State of Connecticut, the State of Delaware, the State of Georgia, the State of Idaho, the State of Kentucky, the State of Louisiana, the State of Maryland, the State of Michigan, the State of Montana, the State of Nevada, the State of New Jersey, the State of New York, the State of Pennsylvania, the State of Rhode Island, the State of Tennessee, the State of Washington, the State of West Virginia or in any Indian land). FOR FURTHER DETAILS REGARDING ELIGABILITY PLEASE SEE SECTION 3 (ELIGIBILITY) BELOW.
In order to comply with applicable regulation in the State of Florida, if you have registered an Account (as defined below) and specified that you are located in the State of Florida, a cap of 5,000 United States Dollars will apply to any Redeemable Sweep Coins which you can win on any one spin, play or equivalent. Additionally, if for any reason, such a limit was not placed on a specific spin then a limit of 5,000 United States Dollars will be placed on your maximum redemption of Redeemable Sweep Coins in any 24 hour period.
- Definitions and Interpretation
- In the Terms, the following expressions shall have the respective meanings assigned to them, unless otherwise defined:
Account means the account registered with us through the Platform (whether or not such account is an Inactive Account). Alternative Payment Method means the method which you use to receive the cash that you have redeemed as a result of using Redeemable Sweep Coins, which is not the Payment Method. Authorized Persons means each member of the Company Group, any of their respective successors and assigns, as well as each member of the Company Group's service providers, licensees and partners. Company, we, our or us means Riverano Ltd, with an address at Andrea Patsalidi 5 Capricornia Office 303, Egkomi, 2408, Nicosia, Cyprus. Company Group means the Company, any holding company from time to time of the Company, and any subsidiary from time to time of the Company or the holding company of the Company and any of the foregoing's exclusive suppliers. Dispute shall have the meaning given to it in Section 25. Force Majeure Event means an event beyond the reasonable control of the Company including without limitation, non-performance by suppliers or subcontractors, acts of God, acts of government, fire, flood or storm damage, earthquakes or other natural disaster, labor disputes, trade disputes, explosion, strikes, industrial action, lockouts, war, riot, pandemic or epidemic. Games means the games made available through the Platform from time to time for you to play in either Gold Coins Game Play or Sweep Coins Game Play, which may include without limitation slots, roulette, video poker, crash games and scratch cards. Gold Coins means the virtual coins which allows you to participate in the Gold Coins Game Play. Gold Coins Game Play means the Games which are played with Gold Coins. Inactive Account shall have the meaning given to it in Section 5.1 Payment Method means the payment method which you use and which we accept to purchase Gold Coins and that you may use to receive the cash which you have redeemed as a result of using Redeemable Sweep Coins. Platform means the website located at www.sweepspot.com and all of its subdomains, subpages and successor sites thereof and the application which links to these Terms of Use through which the Services are provided. Platform Content means logos, sounds, music, artwork text, images, animations, graphics, copyright, user interfaces, visual interfaces, photographs, trademarks, computer code and other material used, displayed or made available as part of the Platform which includes without limitation the Services. Promotion Terms has the meaning given to it in Section 15.1. Redeemable Sweep Coins means the virtual coins which are granted to you, if you win on Sweep Coins Game Play and which you may use to redeem for Sweep Prizes. Restricted Jurisdictions means:
1. Any jurisdiction outside of the United States.
2. In the United States, the following states:- State of California;
- State of Connecticut;
- State of Delaware;
- State of Georgia;
- State of Idaho;
- State of Kentucky;
- State of Louisiana;
- State of Maryland;
- State of Michigan;
- State of Montana;
- State of Nevada;
- State of New Jersey;
- State of New York;
- State of Pennsylvania;
- State of Rhode Island;
- State of Tennessee;
- State of Washington;
- State of West Virginia;
Services means the Games and any other services made available through the Platform. Sweep Coins Game Play means the Games which are played with Sweep Coins. Sweep Coins means the virtual coins which allows you to play the Sweep Coins Game Play. Sweep Prizes means any prizes granted to you through your use of Redeemable Sweep Coins in accordance with the Terms. Taxes shall have the meaning given to it in Section 11.12. Terms shall have the meaning detailed in the IMPORTANT NOTICES Section above, as amended from time to time. Terms of Use means these Terms of Use, as amended from time to time Third-Party Sites has the meaning given to it in Section 18.1. Threshold shall have the meaning given to it in Section 11.16. user, you or your means the person who uses the Platform, Platform Content, Services, Gold Coins, Sweep Coins or Redeemable Sweep Coins whether or not such person has registered an Account. User Generated Content means the content, which is submitted, communicated shared, transmitted, posted, uploaded, or otherwise make available through the Services (by way of example only, profile information, communications with other end-users of the Services, with our end-user support, whether privately or publicly, video clips, photographs, public messages, ideas, and comments) by end-users of the Services which includes without limitation, through the chat feature. - Any phrase introduced by the terms "including", "include", "in particular" or any similar expression in the Terms shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- If in the Terms any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in this Section 1 (Definitions and Interpretation), effect shall be given to it as if it were a substantive provision in the body of the Terms.
- The headings in the Terms are for ease of reference only and shall not affect its construction.
- In the Terms, if the context so requires, references to the singular shall include the plural and vice versa.
- No provision in the Terms will be interpreted against us, because we (or our legal representatives) drafted such provision.
- Modification of the Terms of Use, Sweepstakes Rules, the Privacy Policy, Policy on Responsible Social Gameplay, the Services, the Platform and Platform Content
- We may amend the Terms of Use, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay, from time to time, by posting an amended version on the Platform and any such change shall come into effect and be binding upon you immediately.
- If we amend the Terms of Use, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay in a way that would limit your then current rights, or which is to your detriment, at our discretion, we may:
- notify you by e-mail (to the email address associated with your Account at the time of such amendment),
- notify you through a notice on the Platform; or
- request your acceptance of the amended Terms of Use, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay (as applicable).
If we notify you of any amendments in accordance with Section 2.2.1 or 2.2.2, your continued use of the Services will be deemed as your acceptance of the amendments.
For the avoidance of doubt, if we amend the Terms of Use, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay in a way that would limit your then current rights, or which is to your detriment, we may still do so in accordance with Section 2.1. - It is your responsibility to ensure that you are aware of the correct, current terms and conditions of the Terms and we advise you to check for updates on a regular basis.
- If you do not agree with the amended Terms of Use, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay (as applicable), you must stop using the Platform, Platform Content, Services Gold Coins, Sweep Coins and Redeemable Sweep coins and you must terminate your Account in accordance with Section 19.3 (Termination and Suspension of Your Account).
- We may at any time add, modify, remove, discontinue or suspend the Platform, Services or Platform Content or any part thereof with immediate effect and without notice to you. In no event will we be liable to you for any loss, damage or liability suffered by you which results from any addition, modification, removal or suspension of the Platform, Services or Platform Content or any part thereof and for the avoidance of doubt you will have no claims with respect to such.
- Eligibility
- In order to register an Account and use the Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coins and receive Sweep Prizes, you must comply with the following and you warrant and represent to us that you comply with the following:
- you are a natural person who is located in the United States and you are not located in or resident of any of the Restricted Jurisdictions;
- you can form legally binding contracts under applicable law;
- you at least 18 years of age or the age of majority in your jurisdiction, whichever is higher;
- you are accessing the Platform and using the Platform Content in your personal capacity for recreational and entertainment purposes only;
- you are using the Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes for your own behalf and not on the behalf of any other person or entity;
- you are legally allowed to use the Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes and access the Platform; and
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
- you are not listed on any relevant PEP or sanctions lists; and
- you are eligible in accordance with this Section 3 to access the Platform, register an Account and use the Platform Content, Services, Gold Coins, Sweep Coins and Redeemable Sweep Coins
- Any employee, officer, director and former employee, officer and director (less than three years since such person ceased to be an employee, officer or director, as applicable) of any member of the Company Group, any of their respective advertising agencies, service providers or consultants or any other entity or individual involved with the design, production, execution or distribution of the Platform, Services or the Platform Content, Gold Coins, Sweep Coins, Redeemable Sweep Coins or Sweep Prizes and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (persons who share the same residence at for least three months of the year), are not eligible to access the Platform, register an Account, use the Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coins and receive Sweep Prizes.
- You acknowledge and agree that we are unable to provide you with any legal advice or assurances and that registering an Account and using the Platform, Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes is lawful in the jurisdiction that you are located in. It is solely your responsibility to ensure that at all times you comply with the laws which apply to you.
- The Account
- In order to use the Services, you must register an Account. We reserve the right to refuse to register an Account or terminate an Account at our discretion including without limitation if we suspect or determine that the Account registered by you is not in your name.
- You are permitted to have only one Account. If you attempt to register or succeed to register more than one Account or we suspect that you have done so, we reserve the right to terminate or suspend all or any of the Accounts which you have registered.
- Your Account can only be used by you and you agree that that you will not share your Account username or password with another person, nor will you let anyone else access or use your Account.
- You understand that you have no right, title or property interest in your Account.
- We will at our discretion apply a limit to Account registrations, for example one Account per tablet, IP address, mobile device, computer, Payment Method or Alternative Payment Method.
- At our discretion, we may suspend, terminate or place limits on an Account.
- You may not use a username that promotes any commercial venture or that we deem offensive. We may require you to change your username or we may unilaterally change your username.
- During the registration process you will be required to select a password unless: (i) you login to your account using the Facebook® login facility- in such case your Facebook® password shall apply; or (ii) if we provide for the option of logging into your account using the Google® login facility- in such case your Google® password shall apply.
- You are responsible for maintaining the confidentiality of your Account (including without limitation your username and password), Payment Method and Alternative Payment Method and ensuring that they are only accessible by you and we shall not be liable for any loss or damage resulting from your failure to maintain such confidentiality.
- You understand that you accept full responsibility for all activities and transactions through your Account which includes without limitation any unauthorized use of your Account and any activity and transactions linked to your Account. We shall assume that any communications received through your Account have been made by you. Furthermore, you agree that we are not responsible for any use of your Account by any third party.
- If you become aware that or have reasons to believe that the security of your Account may have been compromised or breached, including without limitation loss, theft or unauthorized disclosure of your password or username, you agree that you shall notify us immediately via email at [email protected].
- When registering an Account, you shall be required to provide us with information which we request. You agree that you shall keep such registration information up to date and you agree that if any of the registration information has changed you will promptly contact Customer Support by e-mail: [email protected] or in instances where the Platform permits you to change your registration information, through your Account.
- Inactive Account
- In the event you have not used any Gold Coins on Gold Coins Game Play or any Sweep Coins on Sweep Coins Game Play for 60 consecutive days, we will deem your Account as an "inactive account" ("Inactive Account").
- In the event we deem your Account to be an Inactive Account, we reserve the right to revoke and remove the Gold Coins, Sweep Coins and Redeemable Sweep Coins associated with such Inactive Account and we shall have no liability to you with respect to the exercise of such rights.
- Verification
- You agree that at any time, which includes without limitation, when you register an Account, purchase Gold Coins or you obtain Sweep Coins or Redeemable Sweep Coins, we shall be entitled to conduct any verification checks (including but not limited to identification checks, credit background checks, source of wealth checks, Politically Exposed Persons checks, sanction checks, Payment Method checks, Alternative Payment Method checks and prevention of financial crime checks) that we deem necessary or that are required under applicable law or regulation. You agree that we may use third party service providers to run the verification checks.
- You may be required to provide us with information and documentation which we request, which may include without limitation information regarding your location, a valid mailing address, date of birth, government identifiers, proof of your address, source of wealth, source of funds, passport identification, governmental issued identification documents and social security number.
- You acknowledge and agree that the information and documentation which you provide to the Company (at any time) is true, accurate and complete and you will immediately inform us of any change to such information and documentation. If the information or documentation is not true, accurate and complete we may terminate or suspend your Account.
- Pending our completion of the verification checks to our satisfaction, we may suspend or terminate your Account.
- In the event that any verification checks are not completed to our satisfaction, including but not limited to, due to your failure to provide any documentation or information and in the form required by us which we require within 40 days of our request for such documentation or information or you fail any verification checks, we may at our discretion, terminate, suspend or otherwise restrict your Account.
- Intellectual Property
- You acknowledge and agree that all intellectual property rights in the Platform, (including without limitation any software, brand names, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Platform Content), Services, Sweep Coins, Redeemable Sweep Coins and Gold Coins, shall remain at all times vested in the Company or its respective licensors and you shall not obtain any rights in any of the foregoing other than as stated in Section 7.2.
- The Company hereby grants you a personal, revocable, non-exclusive, non-assignable, non-transferable, non-sub-licensable right to use the Platform (including without limitation any software, brand names, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Platform Content), Sweep Coins, Redeemable Sweep Coins and Gold Coins in connection with the Services for your personal recreational and entertainment purposes only and in accordance with the Terms.
- You must not reproduce or modify the Platform (including without limitation any software, brand names, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Platform Content) or the Services, Sweep Coins, Redeemable Sweep Coins or Gold Coins in any way, including by removing any copyright or trademark.
- You must not:
- copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code of the Platform or the Services, or otherwise;
- sell, assign, sublicense, transfer, distribute or lease the software used with respect to the Platform, Platform Content or the Services;
- make the software of the Platform, Platform Content or the Services available to any third party through a computer network or otherwise;
- export the software relating to the Platform or the Services to any country (whether by physical or electronic means); or
- use the software of the Platform, Platform Content or the Services in a manner prohibited by any laws or regulations which apply to the use of the software.
- Publicity and Release
- Games
- Each of the Games made available through the Services may have their own specific rules. It is your responsibility to read and fully understand the rules of a Game before playing such Game.
- Complaints and Decisions Regarding Games
- In the event of a discrepancy between the result showing on your device and our server software, the result showing on our server software will be the official and governing result.
- In the event that you have a complaint you can contact our Customer Support by e-mail: [email protected] . When contacting Customer Support, you must use the email associated with your Account at the time you send the complaint or claim (as applicable). You must also include your username, your full name associated with the Account, a detailed explanation of your complaint or claim (as applicable) and all relevant information and supporting materials relating to your complaint or claim (as applicable) including any relevant dates, times and screenshots. Your failure to submit such details may result in a delay in our ability to identify and respond to your complaint or claim (as applicable) in a timely manner.
- Customer Support will review your claim and will endeavor to provide you with its decision within 20 days of you submitting your claim or complaint (as applicable). In exceptional circumstances, we may take a further 20 days (i.e. 40 days in total) to review your claim and provide you with the Company's decision.
- Our decisions shall be final and binding, subject to your right to invoke the process detailed in Section 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis).
- Payments and Taxes
- The Payment Method and Alternative Payment Method must be:
- solely in your personal name and lawfully belong to you; and
- legally and beneficially owned by you.
- The funds used by you to purchase the Gold Coins must not be linked to any illegality.
- We may revise the pricing for Gold Coins at any time.
- All purchases of Gold Coins and cash redemption of any Redeemable Sweep Coins are in United States Dollars and it is your responsibility to ensure and confirm that your Payment Method and Alternative Payment Method can accept and process transactions in United States Dollars.
- We may in our sole discretion, from time to time, appoint one or more payment administration agents to accept or make payments from you on our behalf or to make payments to you on our behalf. In no event will we be liable to you for any loss, damage or liability resulting from the payment administration agent's acts or omissions.
- You further agree that we and any payment administration agents and payment facilitators which are used as part of the Services may store and keep your payment information (for example 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 us, the payment administration agents and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
- You agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Account (even if not authorized by you).
- If any of your purchases are returned or reversed or charged back, the amount of the applicable purchase will be a debt which you owe to the Company and you must immediately pay us such amount. We reserve the right to void any purchases which you make and you will not be permitted to redeem Redeemable Sweep Coins until we have received such amount.
- Except as required by applicable law, all payments made by you to us are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
- You are responsible for all foreign exchange transaction fees, charges, or other related costs which are charged or incurred in relation to payments made to us or by us, including but not limited to any losses or costs arising from foreign exchange fluctuations.
- You confirm to us, that you are not subject to backup withholding tax because:
- you are exempt from backup withholding;
- you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or
- the IRS has notified you that you are no longer subject to backup withholding.
- All payments made by you and the redemption of any Redeemable Sweep Coins for Sweep Prizes are exclusive of all taxes, duties, levies, charges and similar governmental assessments, including sales taxes, uses tax, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on our net income (collectively “Taxes”), which you solely shall be responsible to pay.
- With respect to any payments made by us and the redemption of any Redeemable Sweep Coins for Sweep Prizes provided by us, such shall be inclusive of all Taxes which you solely shall be responsible to pay.
- In addition, we reserve the right to charge you any applicable Taxes or charge a fee to offset any applicable Taxes.
- In the event that under applicable law, we are required to deduct and withhold any amount from Sweep Prizes and to pay over to the relevant tax authorities, any amount on account of Taxes, any such amount deducted and withheld by the Company shall be deemed paid to you for all purposes hereunder.
- Prior to your redemption in aggregate of 600 United States Dollars or more in Redeemable Sweep Coins over one calendar year (the "Threshold") we reserve the right to place your ability to redeem Redeemable Sweep Coins on hold, to complete a 1099-MISC Form with respect to your redemptions to our satisfaction prior to reinstating your ability to redeem Redeemable Sweep Coins. We will request that you provide us by email to [email protected], your full social security number as well as any other information, so we are able to complete the 1099-MISC Form to our satisfaction. We further reserve the right to send you the 1099-MISC Form to you by email which you must return to us fully and accurately completed to [email protected].
Without detracting from the paragraph above, we may request that you complete any other form or documentation which relate to your redemption of Redeemable Sweep Coins which have met the Threshold to our satisfaction.
The information, forms and documentation which you provide may be shared with the appropriate tax authorities and our service providers.
You are solely responsible for filing and paying applicable state and federal taxes, duties, levies or fees on any Sweep Prizes and Redeemable Sweep Coins.
Nothing in this Section 11.6, shall take away from our rights to conduct verification checks on you as detailed in Section 6 (Verification) nor to terminate or suspend your Account. - We do not provide advice regarding tax matters. If you wish to seek advice regarding tax matters, please contact appropriate advisors.
- The Company is not a Financial Institution
- Gold Coins, Sweep Coins and Redeemable Sweep Coins
- Gold Coins can only be used on Gold Coins Game Play and you may only participate in Gold Coins Game Play, if you possess in your Account a sufficient number of Gold Coins.
- At our discretion, you may receive Gold Coins in the following ways:
- As a Bonus for registering of an Account: You may receive Gold Coins when registering an Account for the first time.
- As a Periodic Bonus: You may receive Gold Coins through the periodic bonuses which we offer ("Periodic Bonus"). With respect to each Periodic Bonus you may only claim this once.
- When entering no-cost giveaway contests on the Company's social media pages: We may hold "Gold Coins no-cost giveaway contests" on the Company's social media pages, which you can enter by following the instructions provided in the contest. These giveaways may require the sharing, liking, commenting or other interaction with a specific social media post or answering various game related questions to be eligible for entry. The amount of Gold Coins given away in such contests will be stated on the applicable "Gold Coins no-cost contest" post and will be added to each contest winner's Account after the conclusion of the contest. These contests may be subject to additional restrictions and rules as referenced in the contest materials at the time of the contest as well as the Terms of Use in effect at the time.
- Purchases: You may purchase Gold Coins through the Services.
- The amount of Gold Coins which are credited to you will be displayed in your Account.
- Gold Coins have no monetary value. Gold Coins cannot be withdrawn, transferred, exchanged and cannot be used to obtain Sweep Prizes.
- We may at any time remove, expire, limit, change, manage, regulate, control, modify or eliminate the Gold Coins, whether generally or specifically to you, in order to comply with applicable laws and regulations and we shall have no liability to you with respect to the exercise of such rights.
- You agree that you shall not transfer, attempt to transfer, assign, attempt to assign, sub-license, attempt to sublicense, sell, attempt to sell, give, attempt to give, trade or attempt to trade, Gold Coins. Any attempt by you to do any of the foregoing is prohibited and is void.
- We may designate through the Packages Section found on the Platform a minimum and maximum number of Gold Coins which may be purchased by you at any one time or over the course of a period of time, which may be amended by us at any time and without notice to you.
- Upon selecting Gold Coins to be used on Gold Coins Game Play and our acceptance of this, you cannot cancel the use of such Gold Coins.
- Following your purchase of Gold Coins we will draw funds from the Payment Method.
- If we determine that your posts or comments: (i) on any of the Company's social media pages are incorrect, damaging, libelous, illegal, defamatory, obscene, pornographic, sexual, offensive, abusive, indecent, threatening, bullying, spiteful, upsetting, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability or (ii) elsewhere, which are unfair, incorrect, damaging, harassing, bullying, spiteful or upsetting, which is directed at the Company, its representatives or other end users of the Services, we reserve the right to:
- remove the posts or comments;
- disqualify you from using the Gold Coins Game Play and Gold Coins;
- inform the operator or owner of the social media platform; or
- terminate or suspend your account.
Fees - We reserve the right to charge you processing fees with respect to the purchase of any Gold Coins.
- You cannot purchase Sweep Coins and Redeemable Sweep Coins.
- The amount of Sweep Coins and Redeemable Sweep Coins which are credited to you will be displayed in your Account.
- For additional information regarding the provision by us and your use of Sweep Coins and Redeemable Sweep Coins which are not contained in the Terms of Use, please see the Sweepstakes Rules.
- Granting of Sweep Prizes
- The minimum amount of cash which can be redeemed by converting Redeemable Sweep Coins is 100 United States Dollars, which may be amended by us at any time and without notice to you.
- We reserve the right to limit the amount of Redeemable Sweep Coins which you redeem, per day or to any other amount which is required by applicable law, regulation or our service providers as notified to you via the Services or as detailed in Section 14.3 below.
- In order to comply with applicable regulation in the State of Florida, if you have registered an Account and specified that you are located in the State of Florida, a cap of 5,000 United States Dollars will apply to any Redeemable Sweep Coins which you can win on any one spin, play or equivalent. Additionally, if for any reason, such a limit was not placed on a specific spin then a limit of 5,000 United States Dollars will be placed on your maximum redemption of Redeemable Sweep Coins in any 24 hour period.
- For additional information regarding the redemption of Redeemable Sweep Coins which are not contained in the Terms of Use, please see the Sweepstakes Rules .
- Promotions, Bonus Style Offers or Special Offers
- We may offer promotions, bonus style offers, or special offers from time to time and we may vary or cancel any promotion, bonus style offer or special offer at any time. The promotions, bonus style offers or special offers are subject to the Terms and promotion-specific terms and conditions made available to you ( “Promotion Terms”).
- In the event that the Company has reasonable suspicion that you are abusing or attempting to abuse a special offer, bonus style offer or other promotion or have engaged in fraudulent or illegal conduct, then the Company may, at its discretion, deny, withhold or withdraw from you any bonus style offer, special offer or promotion, or rescind any policy with respect to you, either temporarily or permanently, or terminate or suspend your Account.
- Policy on Responsible Social Gameplay
- The Company is dedicated to fostering a secure and responsible social gameplay environment. Please see the Policy on Responsible Social Gameplay to learn about how we help you maintain a balance between enjoyment and responsible social gameplay.
- The Policy on Responsible Social Gameplay enables you to any time, request to take a break or terminate your Account, through self-exclusion and set purchase limits for Gold Coins.
- The Company does not accept any responsibility or liability if you continue using the Services or seek to use the Platform:
- with the intention of deliberately avoiding the relevant measures in place; or
- the Company is unable to enforce its measures or policies for reasons outside of its reasonable control.
- Fraud or Illegal Conduct
- You are not permitted to use the Platform which includes without limitation the Platform Content, the Services, the Sweep Coins, the Redeemable Sweep Coins, the Gold Coins or the Sweep Prizes for any fraudulent or illegal activity.
- If in our discretion, we determine or suspect that you have engaged in or assisted in any activity which is fraudulent or illegal, we may terminate your Account or suspend your Account. The following are some examples of fraudulent or illegal conduct :
- where the source of funds used by you are illegal;
- providing false, misleading or inaccurate information or documentation to us;
- providing us with tampered documentation;
- interfering with any other person's use and enjoyment of the Services;
- violating eligible Payment Method or Alternative Payment Method terms;
- using another person's Account;
- doing anything that could disable, overburden or impair the proper working of the Services or the Platform;
- breaking into, accessing or attempting to break into or access or otherwise circumvent our security measures or systems, which includes but is not limited to circumventing our systems to use the Services or the Platform when you have opted out from receiving our Services;
- intentionally disconnecting from a Game;
- scraping indexing, framing, linking, or copying any Platform Content or information made available through the Services;
- using the Services or the Platform commercially, for benchmarking or to compile information for a product or service which includes but is not limited to a competing product or service to the Services;
- delaying game rounds in any Game, including free spins and bonus style features or offers, to a later time when you have no playing requirements;
- any form of cheating;
- any form of collusion;
- hacking the Platform, Services or Games or any part thereof;
- taking advantage of any software failure, malfunction or bug;
- using any software assisted methods or techniques (including but not limited to bots) to access the Services or play the Games;
- low margin or equal play (by way of example only placing Gold Coins or Sweep Coins on both red and black on roulette), zero risk play (by way of example only implementing a strategy where you either make a profit or break even, no matter the outcome of any spin, play or equivalent) or hedge play (by way of example only where you play one spin, play or equivalent and then place another spin, play or equivalent to reduce the risk of loss);
- leaving large sums of Gold Coins, Sweep Coins on the table and returning to the game after bonus style play has been completed;
- interfering with or disrupting the integrity or performance of the Services;
- using any robot, spider, scraper, or other automated means to access, harvest, or scrape the Services;
- abusing any bonus offer or bonus style system
- using the Services in violation of any applicable law or regulation;
- using IP proxying (for example using a VPN) or other methods to disguise your location or the place of your residence;
- circumventing geographical restrictions placed by us;
- falsifying personal information, including payment information; and
- introducing viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material.
- The Company shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful, fraudulent or improper activity and you will cooperate fully with the Company to investigate any such activity.
- For the avoidance of doubt, we reserve the right to review all Gold Coins Game Play and Sweep Coins Game Play for any fraudulent or illegal activity.
- Third Party Websites and Third Party Advertising
- The Services, the Platform or the Platform Content may provide links and advertisements which lead to websites and applications which may offer products, services or other activities which are not owned, controlled or provided by us (“Third-Party Sites”).
- These links are provided as a convenience to you and the links and advertisements do not signify that we endorse or that we are in any way liable for the content, products, services, activities or materials displayed or offered by such Third-Party Sites.
- Your use of such Third-Party Sites is at your own risk and shall be subject to the terms governing use of such Third-Party Sites.
- You acknowledge that we have no liability for the advertisements provided to you and your use of Third-Party Sites. Any problems or complaints that you may have with regard to such Third-Party Sites or advertising (as applicable) should be directed to the party that owns or operates the Third-Party Sites.
- You understand that when you click on the links any data which you provide afterwards is subject to that third party's terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Sites.
- You understand that the links to the Third-Party Sites and the advertisements do not signify that we endorse or sponsor such Third-Party Site nor that we have a relationship with the Third-Party Site.
- Termination and Suspension of Your Account
- The rights set out in in this Section 19 are without prejudice to any other rights that we may have against you under the Terms or otherwise.
- You shall remain responsible for any activity on your Account until it is terminated.
- You can terminate your Account by contacting Customer Support via email at [email protected].
- You may also terminate your Account by self-excluding from the Platform in accordance with the Policy on Responsible Social Gameplay.
- We may at our discretion, suspend or terminate your account, if:
- you are in breach of any provision in the Terms or we reasonably suspect that you are in breach of any provision of the Terms;
- there has been a chargeback made on your Payment Method;
- for any reason we decide to discontinue to provide the Services in general or specifically to you; or
- under Section 19.7.
- In addition, we may terminate or suspend the Agreement under Sections 4.1, (The Account), 4.2 (The Account), 4.6 (The Account), 6.3 (Verification), 6.4 (Verification), 6.5 (Verification), 11.1 (Payment and Taxes), 13.10.4 (Gold Coins, Sweep Coins and Redeemable Sweep Coins), 15.2 (Promotions) or 17.2 (Fraud or Illegal Conduct) of the Terms of Use or under Sections 5.2 (Granting of Sweep Coins), 14.1.4 (Further Provisions) or 14.3 (Further Provisions) of the Sweepstakes Rules.
- In the event your Account is suspended we may still terminate your Account under the Terms.
- Whilst your Account is suspended you will not be able to play on the Games, purchase Gold Coins, receive Sweep Coins, use the Gold Coins, Sweep Coins and Redeemable Sweep Coins provided to you, until at our discretion we decide to lift the suspension.
- In the event of termination of your Account:
- all licenses granted to you under the Terms shall immediately terminate;
- you must cease using the Platform, Platform Content, Services, Gold Coins, Sweep Coins and Redeemable Sweep Coins;
- you shall forfeit and we shall retain all Gold Coins, Sweep Coins and Redeemable Sweep Coins in your Account;
- at our discretion, you shall forfeit any Sweep Prizes which have not been sent to you and we shall retain such Sweep Prizes; and
- at our discretion, we may retain any or all of the balance in your account.
Furthermore, if you terminate your Account under Section 19.4, you may redeem any Redeemable Sweep Coins which you have not redeemed within 21 days of termination of your Account, which is for the avoidance of doubt, subject to the provisions of the Terms which includes without limitation the limitations in Sections 14.1, 14.2 and 14.3 (Granting of Sweep Prizes) and Section 11.16 (Payments and Taxes). - For the avoidance of doubt, if your Account is terminated, the Terms will automatically terminate and if the Terms are terminated your Account will automatically terminate.
- Termination of your Account, shall in no way affect any of our rights or remedies under the Terms, in law, equity or otherwise.
- Any provisions hereof which expressly or by their nature are required to survive termination or expiration of the Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections 1 (Definitions and Interpretation), 7.1 (Intellectual Property), 7.3 (Intellectual Property), 7.4 (Intellectual Property), 8 (Publicity and Release), 11.6 (Payment and Taxes), 11.7 (Payment and Taxes), 11.8 (Payment and Taxes) 11.10 (Payment and Taxes), 11.11 (Payment and Taxes), 11.12 (Payment and Taxes), 11.13 (Payment and Taxes), 11.14 (Payment and Taxes), 11.15 (Payment and Taxes), 11.16 (Payment and Taxes), 19.1 (Termination and Suspension of Your Account), 19.9 (Termination and Suspension of Your Account), 19.11 (Termination and Suspension of Your Account), 19.12 (Termination and Suspension of Your Account), 20 (Indemnification), 21 (Force Majeure), 22 (Disclaimer of Warranties), 23 (Malfunctions, Errors and Mistakes), 24 (Limitation of Liability), 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), 26 (Conflicts), 27 (Additional Provisions) in the Terms of Use and Sections 8.3 (Granting of Sweep Prizes), 8.10 (Granting of Sweep Prizes), 8.11 (Granting of Sweep Prizes), 8.12 (Granting of Sweep Prizes), 9 (Verification and Confirmation), 11 (Release), 12 (Further Limitations of Liability) and Section 14 (Disputes) of the Sweepstakes Rules shall survive termination of the Terms.
- Indemnification
- You agree on our first written demand to defend, indemnify and hold harmless, each member of the Company Group and each of their respective officers, directors, employees, shareholders, stockholders, agents, partners, licensors, subcontractors and suppliers, from and against all claims, demands liabilities, damages, losses, costs and expenses (whether direct, indirect, special, consequential, exemplary or punitive or other and including legal fees and attorney fees) and any other charges whatsoever, howsoever caused, that may arise as a result of:
- your access or use of the Platform, Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coin or Sweep Prizes;
- your User Generated Content or its use;
- your breach of the Terms (including without limitation any breach of any warranty, representation undertaking and covenant, acknowledgement or agreement which you provide);
- any activity related to your Account;
- your acceptance, receipt, t use or misuse of any Sweep Prize;
- the payment of any funds from you to us;
- your posts or comments on the Company's social media pages;
- any fraud committed by you; or
- your breach of applicable laws or regulations.
- Force Majeure
- We shall not be liable for any failure or delay in performing any of our obligations under the Terms for so long as, our performance is directly or indirectly prevented, hindered or delayed by a Force Majeure Event.
- Disclaimer of Warranties
- THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY:
- THAT THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
- THAT THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS;
- THAT DEFECTS OR ERRORS IN THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES WILL BE CORRECTED;
- AS TO THE ACCURACY, RELIABILITY OR USE OF ANY INFORMATION, CONTENT OR DATA PROVIDED ON OR THROUGH THE PLATFORM, PLATFORM CONTENT OR SERVICES;
- THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM, PLATFORM CONTENT OR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE;
- THAT THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS;
- THAT THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES WILL MEET YOUR REQUIREMENTS; AND
- THAT THE QUALITY OF ANY SWEEP PRIZES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
- Malfunctions, Errors and Mistakes
- IN THE EVENT OF ANY MALFUNCTION IN THE PLATFORM OR SERVICES SYSTEM, ALL GAME PLAY SHALL BE VOIDED BY US AND WE MAY DEDUCT THE GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS AWARDED TO YOU OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS, AWARDED TO YOU OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR ACCOUNT.
- IN THE EVENT OF AN ERROR OR MALFUNCTION OF A GAME, THEN ALL GAME PLAY RESULTING FROM THE ERROR OR MALFUNCTION WILL BE VOIDED AND WE MAY DEDUCT THE GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS AWARDED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS AWARDED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR ACCOUNT.
- WE RESERVE THE RIGHT TO DECLARE PARTICIPATION IN ANY OF THE GAMES VOID, PARTIALLY OR IN FULL, IF, IN OUR DISCRETION, WE DEEM THAT THERE WAS AN ERROR, MISTAKE, MISPRINT OR TECHNICAL ERROR IN THE GAME RULES, OR SOFTWARE AND WE MAY DEDUCT THE GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS AWARDED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS, AWARDED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR ACCOUNT.
- IF YOU ARE INCORRECTLY AWARDED ANY GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS OR GRANTED ANY SWEEP PRIZES (AS APPLICABLE) AS A RESULT OF:
- ANY HUMAN ERROR, TECHNICAL ERROR OR OTHERWISE;
- ANY ERROR MADE BY US OR ON OUR BEHALF;
- ANY BUG, DEFECT, VIRUS OR ERROR IN THE PLATFORM, SERVICES OR PLATFORM CONTENT; OR
- THE FAILURE OF ANY GAMES TO OPERATE IN ACCORDANCE WITH THE RULES OF THE RELEVANT GAME,
THEN WE WILL NOT BE LIABLE TO AWARD YOU ANY SUCH GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS OR GRANT YOU THE SWEEP PRIZES (AS APPLICABLE) AND WE MAY DEDUCT THE GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS, AWARDED TO YOU OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH GOLD COINS, SWEEP COINS OR REDEEMABLE SWEEP COINS, AWARDED TO YOU OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR ACCOUNT. - Limitation of Liability
- YOU AGREE THAT YOUR USE OF THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES IS AT YOUR SOLE RISK.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANY MEMBER OF THE COMPANY GROUP OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, STOCKHOLDERS, AGENTS, PARTNERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, ATTORNEY'S FEES, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO:
- YOUR ACCCESS, USE OR THE INABILITY TO USE THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR SWEEP PRIZES
- ANY ACT OR OMISSION BY US;
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, AS PART OF THE PLATFORM, PLATFORM CONTENT OR SEVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER END-USERS OF THE SERVICES OR THIRD-PARTIES;
- ANY CONTENT OBTAINED FROM THE PLATFORM CONTENT;
- ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
- ANY OTHER MATTER RELATING TO THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR SWEEP PRIZES.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY MEMBER OF THE COMPANY GROUP OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, STOCKHOLDERS, AGENTS, PARTNERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE PLATFORM AND THE SERVICES AND TERMINATE YOUR ACCOUNT IN ACCORDANCE WITH SECTION 19.3 (TERMINATION AND SUSPENSION OF YOUR ACCOUNT).
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR SWEEP PRIZES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
- ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE CONTENT AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE PLATFORM, PLATFORM CONTENT, SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR SWEEP PRIZES, SUCH GREATER RESTRICTIONS SHALL APPLY.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE IN NO WAY SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS OR OTHER CONTRIBUTIONS POSTED ON OR THROUGH THE PLATFROM, PLATFORM CONTENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY USER GENERATED CONTENT OR IN ANY INTERACTIVE AREAS OF THE SERVICES OR THE PLATFORM) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED COMPANY REPRESENTATIVE.
- NO MEMBER OF THE COMPANY GROUP SHALL BE LIABLE FOR ANY ACTS OR OMISSIONS MADE BY YOUR INTERNET SERVICE PROVIDER OR OTHER THIRD PARTY WITH WHOM YOU HAVE CONTRACTED TO GAIN ACCESS TO THE SERVER THAT HOSTS THE PLATFORM.
- FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
- BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, THE LIABILITY OF EACH MEMBER OF THE COMPANY GROUP OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, STOCKHOLDERS, AGENTS, PARTNERS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SERVICES OR PLATFORM CONTENT AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS, SWEEP PRIZES OR THE PLATFORM CONTENT, SUCH GREATER RESTRICTIONS SHALL APPLY.
- IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
- Dispute Resolution and Agreement to Arbitrate on an Individual Basis
- Informal Dispute Resolution
Prior to your filing of a claim against the Company, you hereby agree that you will try and resolve the Dispute informally by contacting us at [email protected].
Similarly, prior to the Company filing a claim against you, the Company agrees that the Company will try and resolve the Dispute informally by contacting you through the e-mail associated with your Account at the time of the Dispute (if such email has been provided).
If a Dispute has not been resolved within 45 days of the email stating that there is a Dispute is sent, you or the Company, may start the arbitration proceeding as detailed below. - Agreement to Arbitrate
By agreeing to the Terms, and to the extent permitted by applicable law, you and the Company each and both agree to resolve any Dispute - including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate - through final and binding arbitration as detailed in this Section 25. - 30 Day Opt Out of the Agreement to Arbitrate
You may, at your discretion, opt out and not be bound by the agreement to arbitrate by sending written notice by e-mail to [email protected] , within 30 days of first accepting the Terms, with the subject line “ARBITRATION OPT-OUT” and including your first and last name, email address and postal address stating that you reject this arbitration agreement.
By opting out of the agreement to arbitrate in this Section 25, you will not be prevented from playing the Games, but you and the Company will not be allowed to invoke the mutual agreement to arbitrate to resolve any Dispute under the Terms otherwise provided herein. In the event you exercise your right to opt out of the agreement to arbitrate, the limitations and restrictions applicable to litigation that are set out in this Section 25 shall continue to apply to you.
If you opt out of this agreement to arbitrate and at such time, you were bound by an existing agreement to arbitrate any Dispute arising out of or related to your use of or access to the Platform, Platform Content, Services, Sweep Coins, Redeemed Sweep Coins, Gold Coins or Sweep Prizes, that existing arbitration agreement will remain in full force and effect. This means that if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. - Arbitration Procedures and Fees
You and the Company agree that JAMS (" JAMS") will administer the arbitration under its Comprehensive Arbitration Rules and Procedures, (" JAMS Rules") in effect at the time the arbitration is sought. The JAMS Rules are available at www.jamsadr.com.
Except as provided in Section 25.6 (Batch Arbitration), the arbitration shall proceed on an individual basis and shall be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference.
You and the Company agree that, unless and only to the extent prohibited under JAMS Rules or applicable law, the arbitration will be held in Wilmington, the State of Delaware in the USA or, at either party's election, the arbitration will be conducted telephonically or through other remote electronic means.
The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. - Proceedings Requiring Three Arbitrators
Notwithstanding anything to the contrary in Section 25.4, if either party either seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other Company end-users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Rules.
Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes.
In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section 25.5 shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may - if selected by either party or through the JAMS selection process - participate in the arbitral panel. You and the Company agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party's election. - Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, in the event 25 (twenty-five) or more similar arbitration demands against the Company are presented by or with the assistance or coordination of the same law firm or organization or group of law firms or organizations working in coordination are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines ("JAMS Mass Arbitration Rules") shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Arbitration Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch, consolidate, or otherwise group together individual arbitration demands into a single coordinated proceeding.
All provisions of this Section 25 that are not in conflict with the JAMS Mass Arbitration Rules, including the qualifications for the arbitrators, shall continue to apply. - Class Action and Collective Arbitration Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COORDINATED, CONSOLIDATED, OR COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS JUST STATED IN SECTION 25.6); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF SECTIONS 25.5, 25.6 OR 25.7 OF THIS SECTION 25 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES' AGREEMENT TO ARBITRATE (BUT NOT THOSE PROVISIONS OF SECTION 25 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION. - Confidentiality
Except as may be required by law, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without prior written consent of both parties. - Exceptions to Agreement to Arbitrate for Temporary Relief
Notwithstanding the other provisions of this Section 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a court as authorized by Section 27.3 (Additional Provisions) for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief. - Conflicts
- In the event and to the extent of any conflict between the Terms of Use and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
- Unless otherwise stated, in the event of any conflict or inconsistency between any provision of these Terms of Use and a provision of the Policy on Responsible Gaming, Sweepstakes Rules, the Terms of Use shall govern solely to the extent necessary to resolve the conflict or inconsistency.
- Additional Provisions
- Entire Agreement: The Terms are the entire agreement between us in relation to the subject matter of the Terms and any prior agreement, understanding or arrangement between us, whether oral or in writing.
- Governing Law: The parties agree that their entire relationship, the Terms (including without limitation its construction, validity, interpretation and enforceability) and your use of the Platform, Platform Content, Services, Gold Coins, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes, are governed by and shall be construed in accordance with the laws of the State of Delaware, USA without regard to its principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
- Jurisdiction: Subject to Section 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), the parties agree that any Dispute will be submitted exclusively to the courts in Wilmington in the State of Delaware, USA, and you and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, the parties agree that either party may move to compel arbitration or to enforce an arbitral award issued hereunder before any court of competent jurisdiction. EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM, PLATFORM CONTENT, SERVICES, SWEEP COINS, GOLD COINS, REDEEMABLE SWEEP COINS, SWEEP PRIZES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
- Assignment: The Terms are personal to you, and you shall not assign, charge, transfer, delegate or sub-license any of your rights and obligations under the Terms. We reserve the right to assign, charge, transfer, delegate or sub-license any of our rights and obligations under the Terms to any third party without notice to you.
- No Partnership, Agency, etc: Nothing in the Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
- Waiver: No failure or delay by us in exercising any right under the Terms shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
- Severability: Any provision in the Terms which is found by any competent authority to be to be invalid, illegal or unenforceable, shall be amended in a manner consistent with applicable laws to reflect, as closely as possible, the original import of the invalid, illegal or unenforceable provision (or deleted if no such amendment is feasible), and such amendment or deletion shall not affect the enforceability of the other provisions of the Terms.
- Business Transfers: In the event we undergo a change of control, merger, acquisition, or sale of assets, your Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
- By playing the Games or redeeming any Redeemable Sweep Coins, unless prohibited by law, you irrevocably permit, authorize, grant, and license to the Authorized Persons the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, your name, username, image, likeness, age, appearance, avatar, voice, opinions, videos, User Generated Content and photographs in perpetuity and all materials created by or on behalf of any member of the Company Group that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created in connection with:
- (i) the marketing or promotion of any of any member of the Company Group services, activities or offerings;
(ii) the development, production, distribution, marketing, promotion or exploitation of the Platform, the Services, Sweep Coins, Redeemable Sweep Coins or Gold Coins; or
(iii) our future offerings,
- Payment Method and Alternative Payment Method
Should we learn or suspect that the name used to register your Account is different from the name associated with your Payment Method or Alternative Payment Method, we reserve the right to immediately terminate or suspend your Account.
Taxes
- We are not a financial institution, and you will not treat us as a financial institution. You will not receive any interest on any unredeemed Redeemable Sweep Coins. You are strictly prohibited from utilizing the Services to facilitate arbitrage through currency exchange transactions, and a violation of this prohibition may result in any gains being forfeited and deducted from your balance without warning or notification.
Gold Coins
Sweep Coins and Redeemable Sweep Coins
Limits
How You Can Terminate Your Account
How We Can terminate or Suspend Your Account
Consequences of Suspension
Consequences of Termination of Your Account
- PLEASE READ THIS SECTION 25 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND THE COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND THE COMPANY CAN SEEK RELIEF FROM EACH OTHER.
THIS SECTION 25 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) SHALL BE CONSTRUED UNDER AND BE SUBJECT TO THE FEDERAL ARBITRATION ACT, NOTWITHSTANDING ANY OTHER CHOICE OF LAW SET OUT IN THE TERMS.
By agreeing to these terms, and to the extent permitted by applicable law, you and the Company agree that any and all past, present and future disputes, claims or causes of action between you and the Company arising out of or relating to these Terms, the Platform, Platform Content, Services, Sweep Coins, Redeemable Sweep Coins, Gold Coins, Sweep Prizes, the formation of the Terms or any other dispute between you and the Company and whether arising prior to or after your agreement to this section 25, (each a "Dispute") will be governed by the procedure detailed below in this Section 25.
You and the Company further agree that any arbitration pursuant to this section 25 shall not proceed as a class, group or representative action.
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