Terms and conditions
ARBITRATION NOTICE. PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “BINDING ARBITRATION,” WHICH REQUIRES THAT ANY PAST, CURRENT, OR FUTURE DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED “30-DAY RIGHT TO OPT-OUT.”
CONSIDERATION AND ACCEPTANCE
You agree to these Terms of Service by accessing or using the Platform, registering for Services offered on the Platform, or by accepting, uploading, submitting or downloading any information or content from or to the Platform. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF SERVICE, DO NOT USE THE PLATFORM. These Terms of Service constitute a legal agreement between you and Tripledot Fortune, and shall apply to your use of the Platform and the Services even after termination.
1. ACCEPTANCE OF TERMS
By creating a User account (“Account”) or participating in any Services, including, without limitation, playing skill games and participating in skill contests against other Users in real time, at different times, or against their recorded game play depending on availability (each a “Contest”), Users:
(i) acknowledge that they have read and agree to be bound to and abide by these Terms;
(ii) accept and agree to all rules for each Contest in which they participate; and
(iii) represent and warrant that they are authorized and able to accept these Terms.
We reserve the right to change these Terms at any time without prior notice to You, and any amended Terms are effective upon posting. If We make what We determine to be material changes to these Terms, We will update the “Date Last Modified” and will notify You via email and within the Services. Your continued use of the Services following such material changes constitutes Your consent to the changes. If You do not agree to the changes, Your sole remedy is to cease using the Services. It is Your responsibility to periodically check and review these Terms for changes.
In addition to these Terms, additional terms and conditions may govern various promotional offers, offered to You from time to time. Such promotional offers are governed by their corresponding Promotional Terms and Conditions.
When You access the Services or send emails, You are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with You by email or by posting notices in the Services. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.
2. TRIPLEDOT FORTUNE GAMES ARE PROVIDED AS A SKILL GAMING SERVICE
The Services are designed to provide Users with various skill games. The User with the best skill is able to complete the game in the least amount of moves or least amount of time, etc and win the Contest. The skill of the User determines the outcome of the game.
3. SOCIAL NETWORKING DISCLAIMER
The Services may be accessible through or provide links to third party social networking sites and applications, including, without limitation, Facebook, Twitter, and Instagram. As a condition of participating in the Services, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the Services. All questions regarding the Services must be directed to Tripledot Fortune. Users further acknowledge and agree that as a condition of participating in the Services, Users shall release Facebook, Inc., Twitter Inc., Instagram, Inc., and any other third party social networking sites accessible through the Services from any and all liability arising out of Users’ participation in such Services. The integration of third party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.
4. ELIGIBILITY/PROHIBITED JURISDICTIONS
To be eligible to create an Account and become a registered User, access the Platform or participate in the Services, You must, at the time of registration:
(i) be at least eighteen (18) years of age to open an Account, participate in Contests, or win prizes offered by the Services. In jurisdictions, territories, and locations where the minimum age for permissible use of the Services is greater than eighteen (18) years old, You must meet the age requirement in Your local jurisdiction or territory; and
(ii) at all times abide by these Terms.
We reserve the right to deny access to the Services to anyone at Our sole discretion. With respect to the U.S.A, Legal residents physically located in any of the fifty (50) states and Washington, DC, OTHER THAN Delaware, Indiana, Louisiana, Maine, Maryland, Michigan, Montana, South Carolina, South Dakota, and Tennessee (the “Excluded States”) are eligible to open an Account and/or participate in Contests offered by the Services. To participate, You must be physically located within jurisdiction (including a U.S. state) in which participation in the Contests You select is unrestricted by that jurisdiction or state’s laws, and You agree to abide by all applicable laws in the jurisdiction or state where You are located while using the Services. Legal residents of the Excluded States are eligible to open and maintain Accounts and/or play only in games that do not offer cash prizes. Legal residents of Connecticut may only participate in Contests with cash prize values of under two hundred U.S. dollars (“USD”) ($200 USD). Only limited Contests are offered to legal residents of Arizona, Arkansas, Florida, Nebraska, and New Mexico and may be excluded from certain Contests. Please refer to the applicable Contest Rules for more details.
All directors, officers, and employees of Us and our Group Companies, and their Immediate Family Members and Household Members (as defined below), and any other person with access to non-public information regarding Contests are not eligible to win any cash prizes in the Contests made available within the Service. “Immediate Family Members” shall mean spouse, parents, step-parents, legal guardians, children, step-children, siblings or step-siblings and each of their spouses regardless of where they reside. “Household Members” shall mean those people who share the same residence at least three (3) months a year. For the purposes of testing User experience only, employees, contractors and service providers of our Group Companies may play and win in Contests, however, such employees may never withdraw any money from their Account.
By accessing or using the Services, You represent and warrant that You have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the Services. We makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Services nor shall any person affiliated, or claiming affiliation, with Us have authority to make any such representations or warranties. We do not intend for the Services or any offerings made available thereon to be used by persons present in jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Services does not constitute an offer, solicitation or invitation by Us for the use of the Services in any jurisdiction in which such activities are prohibited or restricted.
If You do not meet the eligibility requirements of this Section, then You are not authorized to use the Services. We reserve the right to verify Your age, identity, location and eligibility at any time. This includes requesting that You fill out an affidavit of eligibility. Any failure to cooperate with Us in this respect may result in the suspension and/or termination of Your Account. To the extent We request that You fill out such an affidavit, or similar request, and You fail to do so within seven (7) days, or We otherwise determine that You do not meet the eligibility requirements of this Section, in addition to any rights that We may have in law or equity, We reserve the right to terminate Your Account and/or access to the Services.
5. USER ACCOUNTS
5.1 Registration Information.
To create an Account, download the Gaming Application from a link in the Platform, App Store, Galaxy Store and other stores where the Gaming Application is available, sign up by creating an Account. You will be required to (a) submit Your email address and other details as requested including, but not limited to, first and last name, date of birth, and Your country and state, and (b) select a unique display name for Users and password. If You choose to deposit funds (as set forth in Section 6), You will be required to provide payment information as well.
The display name must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If We receive information that a display name is illegal or in breach of these Terms, the display name can be amended by Us without prior notice.
For security reasons, passwords must differ from display names and may be changed whenever You deem necessary. A secure password must contain a combination of at least eight (8) numbers and letters. For security reasons Users should consider changing their password periodically. We will not ask You to reveal Your password, or initiate contact with You asking for answers to your password security questions.
If You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, We reserve the right to suspend or terminate Your Account immediately and refuse any and all current or future use of the Services (or any portion thereof). We shall not be held liable for untrue, inaccurate, not current or incomplete information provided by You, including, but not limited to, data input error. We also reserve the right to request proof of age documentation from any User at any time. At any time, if requested, You agree to assist Us in verifying Your Account.
We reserve the right, in Our sole discretion, to refuse to register Your Account, or suspend and/or terminate Your Account at any time, in respect of or in connection with Your use of the Services. We shall not be obligated to provide You with reasons for such actions and shall not be liable to You in any way for any loss or damages that may result from such actions. Subject to the fulfillment of any outstanding commitments under these Terms, We reserve the right to terminate Your use of the Services at any time.
5.2 Secrecy Obligation.
You agree to keep Your password secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your login information, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your password is no longer secure and confidential, You should immediately change Your password by navigating, within the Gaming Application, to the ‘Change Password’ page located within the ‘My Account’ tab. Without limiting the foregoing, any transactions made and accepted within the Services where Your login information has been used will be treated as valid.
You agree to indemnify and hold Us and our respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers harmless for any improper or illegal use of any of Your Account(s). This includes illegal or improper use by someone to whom You have given permission to use Your Account(s) or whom You have negligently allowed to access Your Account(s). We reserve the right to terminate Your Account(s) if any activity that occurs with respect to such account(s) violates these Terms.
5.4 One Account.
Only one (1) Account used on a single dedicated device is allowed per person (hereafter these 2 factors shall comprise the definition of “Account”). In the event that We determine that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that We may have, We have the right to suspend or terminate Your Account(s), refuse any and all current or future use of the Services.
5.5 No Transfer.
Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third party, including, without limitation, any person under the eligible age to participate in the Services, and in no event any person under the age of thirteen (13), to use or re-use Your Account in such a way that may breach the standards or laws in any jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident.
You accept full responsibility for all communications made from Your Account and device, including any communications made from Your Account and device as a result of someone else illegally using Your Account, either with or without Your knowledge, and You shall be bound by such use as if it were Your own use, and You shall fully indemnify Us in respect of any failure by such third party to fulfill any commitments made by such use.
You accept full responsibility for any unauthorized use of the Services and for any use of Your credit card, device, banking details, or other payment instrument by any other person or third party in connection with Your Account. Any person found to have violated this Section may be reported to the relevant authorities. We will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge. You will be liable for losses incurred due to someone else using Your Account.
5.6 Equipment Obligation.
You must provide all equipment and software necessary to connect to the Platform and/or Gaming Application, including, but not limited to, a computer or Mobile Device (defined below) that is suitable to connect with and use the Platform and/or Gaming Application. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Platform and/or Gaming Application. We will not be responsible for any damage to any computer, computer equipment, Mobile Device, software, data or other property, or loss of data from Mobile Devices on which the data is installed, or for any call charges incurred while using the Gaming Application.
6. VIRTUAL CURRENCY AND SKILL CONTESTS
6.1 Virtual Currency.
We offer virtual currency (“Chips”) which may be used on the Platform to play practice games, to play prizeless Contests against other Users, and to earn medals which increase a User’s rank on the leaderboard. Chips can be earned in various methods, such as, free allotment upon first download, daily log-in bonus, watching a video advertisement, or moving up in the leaderboard. Please refer to the FAQs page for details on how Chips can be used and how to earn free Chips.
Any transfers of virtual currency to other Users or for use in secondary markets is in violation of these Terms and are void. Virtual currency is used for entertainment purposes only. You acknowledge that You do not in fact “own” the virtual currency. By acquiring virtual currency, holders thereof have obtained a limited and revocable license to a digital product for use only in the Services. This license is personal to the owner of the Account and virtual currency are not transferable upon death, as part of a domestic relations matter or otherwise by operation of law. No individual may purchase virtual currency through Us or through any other entity or individual. Virtual currency may not be resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual currency may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual currency have no monetary value, and cannot be used to purchase or use products or services other than within the Services. Virtual currency cannot be refunded or exchanged for cash or any other tangible value.
We may manage, regulate, control, modify or eliminate Your virtual currency in Our sole discretion, and We will have no liability to You or anyone for exercising those rights. In addition, all virtual currency are unconditionally forfeited if Your Account is terminated or suspended for any reason, in Our sole discretion, or if We discontinues any games or any portion or feature of any games.
We have no liability for hacking or loss of Your virtual currency. We have no obligation to, and will not, reimburse You for any virtual currency lost due to Your violation of these Terms. We reserve the right, without prior notification, to suspend any virtual currency and/or to refuse to provide You with any virtual currency. Availability of virtual currency are subject to change without notice.
If We have reasonable grounds to suspect that You have provided any information that is inaccurate, not current or incomplete, We may suspend or terminate Your ability to use or access the Services and refuse any and all current or future use of or access to games or Contests.
We reserve the right to suspend or terminate Your Account in the event that We, in Our sole discretion, suspect that You are using Your Account for other purposes.
Users will be able to visit the Platform and view the games available for entry (the "Contests"). The entry fee for each Contest is displayed on the respective Contest page, and each individual Contest that is not free to enter has an entry fee listed in US dollars. We offer free-to-play and pay-to-play Contests. To play in Contests, Users must use Chips or USD. Users may participate in head-to-head Contests as described below. Please refer to the Contest page for details on all available Contests and its applicable Contest Rules. Users will be provided two head-to-head Contests as follows:
6.2.1 Free-to-Play Prizeless.
Users can play head-to-head or multiplayer prizeless Contests on the Platform by paying the required entry fee in Chips. Please see the applicable Contest Rules for more details. The User with the best skills will win the Contest. Users may earn Chips if they win the Contest. No other merchandise or other prizes will be offered.
6.2.2 Pay-to-Play Cash Prizes.
Users can play head-to-head or multiplayer Contests on the Platform for cash prizes by paying the required entry fee in USD. Please see the applicable Contest Rules for more details. Users must have the required amount of USD in their Account in order to enter into pay-to-play Contests. The User with the best skills will win the Contest.
Paid entries may be eligible for Bonus Cash. Please refer to the Bonus Cash page for more details.
6.3 Deposit/Withdrawal of Funds.
6.3.1 General Information.
Any deposit/withdrawal of funds in USD must be from a payment source on which You are the named account holder. All deposits shall be made in USD, prepaid and non-refundable. We will not grant You any refunds, unless otherwise required by law. Depending on Your selected method of funding/withdrawal, fees may be payable by You as a result of Your deposit/withdrawal and will be treated as an independent charge by the relevant Payment Processors as defined in Section 7, for which You accept full responsibility. If You make a credit card deposit, We may require at least ten dollars ($10 USD) credit limit by sending an authorization request to the issuing bank, regardless of whether the actual amount charged is lower. All deposits will be deposited via debit, credit card, PayPal and other methods. All withdrawals will be processed through PayPal, check and other methods.
If We make an error on Your statement, You must tell Us within one hundred-twenty (120) days after the error first appears on Your statement. We will then promptly investigate the charge. If You do not inform Us within that time period, We will not be liable for any losses resulting from the error and We will not be required to correct the error or provide a refund. If We identify a billing error, We will correct that error within ninety (90) days.
In the event of a dispute regarding the identity of the person making a deposit/withdrawal, the transaction will be deemed submitted by the person in whose display name the deposit was made, or if possession of the display name itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her jurisdiction of residence and who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address for registration with the Services.
By inputting a payment method to deposit/withdraw USD and participate in Contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any purchase. It shall be a violation of these Terms for any Authorized Account Holder to submit deposits using any payment method that is not owned by the Authorized Account Holder.
We may include additional terms with Your deposits, which will be displayed to You at or near the point of deposit (“Sales Terms”). Any Sales Terms are incorporated into these Terms by reference and constitute part of the agreement between Us. Your deposit will reflect in Your Account upon actual receipt of the funds by Us and/or Our agents. Deposits will appear on Your statement as ‘Tripledot Fortune.’
6.3.2 How to Withdraw Funds.
To withdraw funds, visit the ‘Withdraw’ menu within the Gaming Application. Where possible, any withdrawals up to the amount of Your total deposits will be processed via PayPal, check or other methods. Winnings that exceed Your total deposit amount will be delivered by U.S. or U.K. mail via check to U.S. residents or through PayPal. For all withdrawals, We reserve the right to determine the method of processing withdrawals.
Withdrawals must be verified to ensure the security of Accounts and funds. Please allow for six (6) weeks to process withdrawals. While a withdrawal is pending, You may not deposit additional funds. However, You can cancel Your pending withdrawal and use those funds to play. If You wish to cancel Your withdrawal for any reason, You may do so from the Withdraw menu.
We reserve the right to freeze a User’s Account and/or delay a request for withdrawal pending completion of any investigation of reported or suspected abuse by a User requesting withdrawal of funds. The minimum amount of any withdrawal (other than when Your Account is closed) is two dollars ($2 USD). Your Account will be charged one dollar and fifty cents ($1.50 USD) for each withdrawal of an amount under ten dollars ($10 USD) (“Withdrawal Fee”). We may deduct one dollar and fifty cents ($1.50 USD) from Your withdrawal amount if there is insufficient funds in Your Account to cover the Withdrawal Fee. If Your Account is closed then, subject to Our right to freeze a User’s Account, delay a request for withdrawal, or declare that funds are forfeited because of Your violation of these Terms, the remaining funds in Your Account at the time of closing will be returned to You. If You initiate a withdrawal of funds from Your Account, You will forfeit all Bonus Cash currently in Your Account. Please refer to the FAQ page for more details.
6.3.3 Credit Card/PayPal Use.
When You pay by credit card, You represent to Us that You are the authorized user of such credit card. If Your credit card account number, its expiration date and/or Your billing address changes, or if Your credit card expires or is cancelled for any reason, You must notify Us immediately. We are not liable for any loss caused by any unauthorized use of Your credit card or other method of payment by a third party (such as PayPal) in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by You to honor legitimate charges or requests for payment, will result in immediate termination of Your Account, forfeiture of prize winnings, and pursuit of civil litigation and/or criminal prosecution. In the event a chargeback claim is initiated by PayPal or other credit card company, We will immediately freeze Your Account until the matter is resolved.
6.3.4 Monthly Maintenance Fee.
If Your Account is inactive (i.e., You have not entered at least one (1) pay-to-play Contest) for six (6) consecutive months or more, a maintenance fee of two dollars ($2 USD) per month may be charged (the “Monthly Maintenance Fee”). After five (5) or more months of inactivity You will be notified by email that if Your Account remains inactive for one (1) more month, the Monthly Maintenance Fee will be deducted from Your Account for each consecutive month that the Account remains inactive. The Monthly Maintenance Fee will not be deducted from Your Account if there are no funds in Your Account. However, if Your Account has no funds and has been inactive for twelve (12) or more consecutive months, Your Account may be closed.
We reserve the right to suspend or terminate Your Account in the event that We, in Our sole discretion, suspect that You are using Your Account for other purposes.
6.4 Prize Payments.
All verified prize winnings from pay-to-play Contests will be reflected in Your Account within twenty-four (24) hours. When You receive prize winnings, You may be required to provide Us with a proof, evidencing that You are, or were at the time of Your participation, eligible to participate in the subject Contest in accordance with these Terms and that You participated in accordance with these Terms. This includes requesting that You fill out an affidavit of eligibility. Any failure to cooperate with Us in this respect may result in the suspension and/or termination of Your Account. To the extent We request that You fill out such an affidavit, or similar request, and You fail to do so within seven (7) days, or We otherwise determine that You do not meet the eligibility requirements or have violated these Terms, in addition to any rights that We may have in law or equity, We reserve the right to terminate Your Account. If You fail to provide Us with such proof to Our reasonable satisfaction, You will not receive the relevant prize winnings. We may reverse or require return of any payment in error which has been received by You and You shall cooperate with Us in this regard.
We may also reduce payment to You without notice to adjust any previous overpayment.
We reserve the right to suspend or terminate Your Account, and/or withhold prize winnings, in the event that We, in Our sole discretion, suspect that You have violated these Terms.
In some cases, United States Internal Revenue Service regulations require payors to send an IRS Form 1099-MISC (or other appropriate form) to recipients of payments in excess of six hundred dollars ($600 USD) in any given year. We retain the right to determine whether such obligation extends to payments made to any User, and to issue Form 1099-MISC (or other appropriate form) to any user. Depending on the jurisdiction in which You reside, We may also send You a W-9 and/or additional tax forms, and we may otherwise require that you provide your address and taxpayer identification number as a condition of use of the Service. We reserve the right to withhold (from Your existing Account balance and/or from future winnings) any amount required to be withheld by applicable laws. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your local, state, province, and/or country of residence.
6.6 Collusion, Cheating and Fraud.
If You suspect that any User or third party may be cheating by undertaking one of the following reportable actions listed below, You must report such activity to Our Customer Support Team by sending an email to email@example.com, with the subject heading “Cheating” as soon as reasonably practicable. Reportable actions include, without limitation,
(i) colluding with other third parties;
(ii) using unfair external factors or influences;
(iii) undertaking fraudulent activities to their advantage and the disadvantage of other Users; or
(iv) using multiple Accounts.
(v) pattern of inconsistent game play to deliberately deceive our skill ranking system into matching you with less skilled players to increase your chances of winning prizes
Such activities are prohibited and We will take all reasonable steps to investigate any such complaints and, where possible, prevent or mitigate such activities, including adjusting your skill ranking to compensate for the type of abuse mentioned in paragraph 6.6. (v) above. We shall not be held liable for any form of loss sustained by You as a result of any of the prohibited activities or any other unlawful activity of persons using the Services.
We reserve the right to terminate Your Account if:
6.6.1 You are found or suspected to have participated in any form of collusion or fraudulent practice;
6.6.2 We become aware that You have invalidly requested a chargeback;
6.6.3 You have more than one (1) Account at any one (1) time;
6.6.5 You are not eligible to participate in any Services as set forth in the Eligibility Section of these Terms;
6.6.6 You use a single Account to participate in the Contests on behalf of multiple persons or otherwise collaborating with others to participate in any Contests;
6.6.7 You have abused the Services in any way; or
6.6.8 At Our sole discretion.
We shall not be held liable for any consequences that arise from Your use or misuse of the Services.
6.7 Hacking, Tampering, or Unauthorized Access.
Any attempt to gain unauthorized access to systems or any other User’s account, interfere with procedures or performance of Services, the Gaming Application or the Platform or deliberately damage or undermine the Services or the Gaming Application is subject to civil and/or criminal prosecution and will result in immediate termination of Your Account and forfeiture of Your winnings. You acknowledge that We are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or Your Account.
We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order was submitted and accepted) in any order, price, advertisement, promotion or giveaway. We also assume no responsibility for any malfunction of the Services, which might result in the loss of a Contest.
6.9 Promotions and Bonus Offers
We may make bonus offers from time to time as a reward and incentive for you to play our games. Bonuses will typically be linked to and a percentage of your deposit amount and as such will vary depending on the amounts set out in the promotional adverts (“Ads”) themselves. Furthermore bonuses will expire within certain time frames, if not used, as set out in the Ads.
In any event bonus money cannot be redeemed and withdrawn without use but must be applied as a contribution towards the entry fees, where the entry fee requirement may be made up of a combination of own money deposits and bonus money as set out in the Ads.
Prize payments derived from use of your bonus money can be withdrawn in the normal way subject to there being no abuse of the bonus terms, collusion, cheating or fraud, in which case we may withhold prize winnings in our sole discretion.
We may reclaim any bonus amount that have been awarded in error.
All customer offers are limited to one per person. If we have reasonable grounds to suspect that a bonus or offer is being claimed by or for the benefit of the same person more than once or by a group of people then it may withdraw the availability of any offer or all offers to that customer or group of customers and/or void any game funded by the bonus or offer and remove any prize payments from such game.
We may at any time, make minor amendments to the terms and conditions of any offer or promotion to correct typographical errors or to improve on clarity or customer experience and may cancel any offer or promotion for legal or regulatory reasons.
7. THIRD-PARTY PAYMENT PROCESSORS
8. MOBILE APPLICATION.
These Terms of Service shall also apply to the use of the Games Mobile Application. These Terms of Service are intended to be in addition to the End User License Agreement (found at: https://www.apple.com/legal/internet-services/itunes/appstore/dev/stdeula) for the Mobile Application, and to the extent any of these Terms of Service conflict with the End User License Agreement, these Terms of Service shall be deemed to apply and the conflicting provision in the End User License Agreement shall not be applicable. Any reference to the Platform in these Terms of Service shall also be deemed to include the Mobile Application.
9. OTHER INTELLECTUAL PROPERTY RIGHTS
9.1 Copyright Information and Personal & Non-Commercial Use Limitation
Content within the Services, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by Our Group Companies with sufficient rights granted to Us by them to enter into this Agreement with you and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. We do not claim ownership of intellectual property owned by third parties. As use herein, Group Company means Us and any subsidiary company or holding company of Us and any subsidiary of such holding company such entities.
Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the Services. In addition, Users must not:
9.1.1 Modify copies of any materials available through the Services;
9.1.2 Reprint or electronically reproduce any content available through the Services, in whole or in part;
9.1.3 Copy, distribute, transmit, display, perform, frame, link, host, cache, reproduce, publish, license, or create derivative works from any information, software, products or services obtained from Us;
9.1.4 Provide copyrighted or other proprietary content or make such content available through the Services without permission from the owner of such material or rights;
9.1.5 Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the Services;
9.1.6 Access or use for any commercial purposes any part of or materials available through the Services;
9.1.7 Engage or assist in conduct that would damage or impair Our property;
9.1.8 Provide unauthorized means through which others may use Services such as through server emulators;
9.1.9 Take actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair Our Platform or Services;
9.1.10 Interfere with any other party’s use and enjoyment of the Platform, Services and/or software (including cheating); or
9.1.11 Attempt to gain unauthorized access to third party accounts, the Service or software.
Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the Services in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the Services, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold Us harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the Services.
10. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without their authorization and is available within the Services in a way that may constitute copyright infringement, he/she may provide notice of their claim to the U.S. designated agent listed below. For notice to be effective, it must include the following information:
10.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
10.2 A description of the copyrighted work that You claim has been infringed;
10.3 A description of where the allegedly infringing material is located within the Services;
10.4 Information reasonably sufficient to permit Us to contact the complaining party, such as address, telephone number, and, if available, an email address at which the complaining party may be contacted;
10.5 A statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
10.6 A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
10.7 Our designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the Services. All other inquiries to the designated agent will not be answered.
Tripledot Fortune’s Designated Agent is:
Tripledot Fortune LLC
Address: 90 Whitfield Street, London, United Kingdom, W1T 4EZ
Our Group Companies own or are in the process of registering trademarks for its many goods and services, including, without limitation, “Solitaire Fortune” and "Bingo Fortune" and the associated graphics, logos and service marks and may not be used without their prior written consent acting through Us. All other trademarks, product names, and company names and logos appearing within the Services are the property of their respective owners.
11.1 Rights of Publicity.
By participating in the Services, You agree to the use by Us of Your display name, avatar, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for the Services and/or other Group Companies’, ventures, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law, for Great Britain located Users We will in any event ask for your express permission before carrying any such publicity.
11.2 Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Us in connection with Your use of the Services shall be the exclusive property of our Group Companies. You agree that unless otherwise prohibited by law We and /or our Group Companies may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
12. INTERACTIVE SERVICES AND USER CONTENT
12.1 Interactive Services
The Services may contain public message boards, chat functions, profiles, forums, bulletin boards, private messages, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content, such as audio, video, text, or other materials (collectively, “User Content”). Users understand and acknowledge that by using the Services, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the Services constitutes their acceptance of such risk.
Users should use caution and good judgment when submitting comments or chatting within the Services. Comments and chats may not be able be edited or removed once they have been submitted. The poster of the comments or chats can be held legally responsible for damages to another person’s reputation if a court were to find that such comments or chats constitute libel or defamation. Under federal law (the Communications Decency Act) because We do not censor comments or chats or investigate them for accuracy, We are not legally responsible for the comments or chats that are posted, even if the comments or chats are defamatory. However, this Communications Decency Act does not protect any person who leaves comments or chats from liability. You agree to refrain from engaging in any conduct causing or likely to cause harm to or reflect negatively upon the Our or our Group Companies’ brand, reputation, or goodwill, including any of its management, founders, investors, affiliates, sponsors, and business partners. You further agree to any post comments or chats with a standard of honesty, respect, equality, and fairness. We reserve the right, in its sole and exclusive discretion, to monitor and evaluate any Users’ past or present activity or online communications, in assessing compliance with this Section. In the event any User is found in Our sole discretion to be engaging, to have previously engaged, or is suspected to have engaged in conduct that is contrary to compliance with this Section, You agree to remove the comments at Our request. We reserve the right to suspend or terminate Your Account, including commencing legal action against You.
All User Content must comply with the Content Standards set out in Section 12.3 of this Agreement. Any User Content Users post on or through the Services will be considered non-confidential and non-proprietary. By posting any User Content on or through the Services, Users grant Us and Our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that:
(i) Users own or control all rights in and to their User Content;
(ii) Users have the right to grant the license granted above to Us and Our respective licensees, successors and assigns; and
(iii) all of their User Content does and will comply with this Agreement.
Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not Us, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. If You delete User Content from the Services, Our general license to that User Content will end after a reasonable period of time required for the deletion to take full effect. However, the User Content may still exist in Our backup copies, which are not publicly available. If Your User Content is shared with third parties, those third parties may have retained copies of Your User Content. In addition, if We made use of Your User Content before You deleted it, We will continue to have the right to make, duplicate, redistribute, and sublicense those pre-existing uses, even after You delete the User Content. Terminating Your Account on the Services will not automatically delete Your User Content. User Content becomes public information, can be collected and used by others, and may result in the receipt of unsolicited messages from third parties. We discourage Users from posting any personal information that can be used to identify or locate Users, such as User addresses, email addresses, or phone numbers.
You acknowledge that Your Username and friends within the Services, are made available for others to publicly see. You also acknowledge and agree that Your submitted content, including Your communications with other Users via private messaging, chat functions, forums or bulletin boards, and any other similar types of communications and submissions on or through the Services, are non-confidential, public communications, and You have no expectation of privacy concerning Your use of or participation in the Services (other than with respect to the registration information You provide to Us in establishing Your Account(s), if applicable). You acknowledge that personal information that You communicate publicly within the Services may be seen and used by others and may result in unsolicited communications. We are not liable for any information that You choose to submit or communicate to other Users on or through the Services, or for the actions of any other Users of the Services.
IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE SERVICES, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICES.
12.2 Monitoring and Enforcement; Termination
We do not undertake a review of material before it is posted on or through the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section. We do reserve the right, however, at its sole discretion, to take any of the following actions:
12.2.1 Remove or refuse to post any User Content for any or no reason;
12.2.2 Take any action with respect to any User Content that We deem necessary or appropriate, including, without limitation, if We believe that any User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other Users or the public or could create liability for Us;
12.2.3 Disclose User identity or other information about Users to any third party who claims that material posted by Users violates their rights, including their intellectual property rights or their right to privacy;
12.2.4 Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; and
12.2.5 Terminate or suspend access to Your User Account or all or part of the Services for any or no reason, including, without limitation, any violation of this Agreement.
Without limiting the foregoing, We reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the Services. USERS WAIVE AND HOLD HARMLESS US AND OUR PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
12.3 Content Standards
User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not:
12.3.1 Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
12.3.2 Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
12.3.3 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
12.3.4 Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement;
12.3.5 Be intended or likely to deceive any person;
12.3.6 Advocate, promote, or assist any illegal activity;
12.3.7 Be likely to upset, embarrass, alarm, or annoy any other person;
12.3.8 Impersonate any person, or misrepresent the User’s identity or affiliation with any person or organization;
12.3.9 Involve commercial activities, sales, or advertising; or
12.3.10 Give the impression that it is endorsed by Us or any other person or entity, if this is not the case.
Users agree not to use the Services for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:
13.1 Have more than one (1) Account at any one (1) time;
13.2 Engage in any illegal activity, or the planning of any illegal activity;
13.3 Engage in the deliberate transfer of money between accounts (e.g., “money laundering”);
13.4 Threaten, harass, abuse, or otherwise intimidate any User(s);
13.5 Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or Our rights , its Users, or any third party;
13.6 Use the Services for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
13.7 Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
13.8 Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
13.9 Send or cause to be generated any unwanted email to any User(s);
13.10 Send or cause to be generated any unwanted messages in the Services;
13.11 Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the Services;
13.12 Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the Services for any purpose;
13.13 Using any unauthorized programs that interact with the software in any way for any purpose, including, but not limited to intercepting, emulating, or redirecting any communication, or collecting information or reading memory used by Us;
13.14 Improperly using support or complaint features of the Services or making false reports to Us;
13.15 Using any artificial means to alter a User’s position in the Contests;
13.16 Involve commercial activities, sales, or advertising;
13.17 Engaging in any activity to gain an unfair advantage over Us or other Users, or otherwise acting in an unfair manner by exploiting a fault in the software, by collusion or by any other unfair or illegal methods; or
13.18 Engaging in any other activity deemed by Us to be in conflict with the spirit or intent of this Agreement.
Any use of the Services in violation of the foregoing, in Our sole discretion, constitutes a breach of this Agreement and may result in, among other things, Account termination and blocking of Your access to the Platform and Services, confiscation of any virtual currency balances, any prize winnings that You may otherwise have been entitled to receive shall be void and forfeited, any winnings received by You shall be subject to disgorgement and/or recoupment, prohibition from using the Services, and/or legal action including without limitation recovering all of Our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts. In addition to the foregoing, We reserve the right to disclose or report any money laundering or similar illegal activity to law enforcement and regulatory authorities. Users understand that any attempt to deliberately damage the Services or undermine any Contest may also be a violation of criminal and/or civil laws and We reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, cheating, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to firstname.lastname@example.org, with the subject heading “Violations.” Please report responsibly.
Date Last Modified: March 08, 2023
14. LIMITATIONS ON WARRANTY AND LIABILITY
14.1 Disclaimer of Warranties.
Users expressly acknowledge and agree that use of the Services is at their sole risk. Users further acknowledge and agree that the Services are provided on an “AS IS” and “as available” basis. Neither We nor any of Our parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Our Group Companies as well their respective officers, directors, members, managers, representatives, agents, employees, investors or the like (collectively “Our Providers”), warrant that offerings affiliated with Us, including, but not limited to, the Platform, the Gaming Application, and the Services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WE AND OUR PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, SECURITY OF THE SERVICES, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICES, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICES.
THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.
14.2 Limitations on Liability.
NEITHER US NOR OUR PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES OR ANY ASPECT THEREOF. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF US AND OUR PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR OUR PROVIDERS SHALL BE LIABLE TO USERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, LOSS OF DIRECT OR INDIRECT PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF CONTRACTS, ANY LOSS OF MONEY, ANY LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION, LOSS OF USE, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF WE OR OUR PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT NEITHER WE NOR OUR PROVIDERS SHALL BE LIABLE TO USERS FOR ANY LOSS OR DAMAGES DUE TO VIRUSES THAT MAY INFECT USERS’ COMPUTER EQUIPMENT, MOBILE HANDSET, TABLET, SOFTWARE, DATA OR OTHER PROPERTY RESULTING FROM USERS’ USE OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, OUR LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO US FOR USE OF THE SERVICES DURING THE TERM OF THEIR REGISTRATION.
IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.
15. The SERVICES, MAINTENANCE AND RIGHT TO TERMINATE
Our Providers conduct maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Services will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that Our Providers may update the Services with or without notifying Users. We also reserve the right to modify or discontinue operation of any aspect of the Services at any time, including, without limitation, the availability of the Services, or any features or content thereon. We may also impose limits on certain features and offerings or restrict access to parts or all of the Services with or without notice to Users and without liability to Users or any third party.
You may close Your Account and terminate Your right to use the Services at any time by sending an email to the Customer Support Team via email@example.com, with the subject heading “Account Closure.” Upon receipt of Your email, the Customer Support Team will respond within a reasonable time to confirm the closure of Your Account, however, You accept full responsibility for all activity on Your Account until such confirmation has been given to You by Us. We will use Our reasonable efforts to close Your Account within seven (7) business days.
We may suspend or terminate Accounts, confiscate any virtual currency balances, any winnings that You may otherwise have been entitled to receive shall be void and forfeited, any winnings received by You shall be subject to disgorgement and/or recoupment, refuse any and all current or future use of the Services (and access to all related entitlements), and/or terminate Users’ limited license to the Gaming Application at any time, without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the Services. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account or anything associated with it. We also reserve the right to refuse to maintain an Account for, and provide the Services to, any individual.
All problems encountered during the use of the Services, including those with regard to User Accounts, etc., can be reported to Us when the problem is encountered by sending an email to the Customer Support Team via firstname.lastname@example.org, with the subject heading “Assistance Request.” If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination, and You should communicate with the Customer Support Team regarding restoration of Your Account by sending an email to email@example.com, with the subject heading “Suspended Account.”
To the extent You are using Our mobile application on an Android device, Apple device, Samsung device or other device You acknowledge that these Terms are between You and Us only, not with Google LLC, Apple Inc., or Samsung Electronics America, Inc. or other similar providers (collectively, the “ 3rd Party Providers”), and 3rd Party Providers are not responsible for the Services or the content thereof. 3rd Party Providers have no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, You may notify 3rd Party Providers and 3rd Party Providers will refund any applicable purchase price for the mobile application to You; and, to the maximum extent permitted by applicable law, 3rd Party Providers have no other warranty obligation with respect to the Services. 3rd Party Providers are not responsible for addressing any claims by You or any third party relating to the Services or Your possession and/or use of the Services, including: (a) product liability claims; (b) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. 3rd Party Providers are not responsible for the investigation, defense, settlement and discharge of any third party claim that the Services and/or Your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Services. 3rd Party Providers and 3rd Party Providers’ subsidiaries are third party beneficiaries of these Terms, and upon Your acceptance of these Terms, 3rd Party Providers will have the right (and will be deemed to have accepted the right) to enforce these Terms against You as a third party beneficiary of these Terms. You hereby represent and warrant that: (i) 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; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
17. THIRD PARTY ADVERTISING
18. CALIFORNIA CONSUMER NOTICE
As required by California Code Section 1789.3, this notice is to advise Users that (i) We may be contacted at 90 Whitfield Street, London, United Kingdom, W1T 4EZ, or by email at firstname.lastname@example.org, and that (ii) a fee may be charged for certain offerings, including, without limitation, in connection with the Services. We reserve the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the Services or desire further information on use of the Services, please contact the Customer Support Team via email@example.com, with the subject heading “Complaint”. Users may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
19. PRIVACY AND DATA COLLECTION
20. GENERAL QUERIES
For general queries related to Us, visit our FAQ page, which lists a range of answers to common questions.
20.2 Contact Us.
If the FAQs do not provide an answer to Your query, the Customer Support Team would love to hear from You. Please reach out by sending us an email at firstname.lastname@example.org, or filling out the ‘Contact Us’ form with the following information:
Your Email; and
The query or issue we can assist You with.
The Customer Support Team will endeavor to:
Provide an initial response to Your query or complaint within four (4) business days, and
Investigate and attempt to resolve Your query within twenty (20) business days or such longer period as is necessary and notified to You by Our team member.
20.3 Support within the Services.
If You have the Gaming Application open, You can access both the FAQ and Contact Us functions, allowing You to get answers to Your queries immediately within the Services.
21. COMPLAINTS AND DISPUTE RESOLUTION PROCESS
PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Users agree to work with Us in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the Services before escalating to binding arbitration or litigation, as addressed below. The following steps are available to Users:
21.1 Initial Dispute Resolution.
Users must give Us an opportunity to resolve the Dispute by sending an email to email@example.com, with the subject line “Dispute”. The written notification of Dispute must include: (i) the User’s name and email address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.
21.2 Escalate to Management.
Should You be in any way dissatisfied with the resolution provided by the Customer Support Team regarding Your query, dispute or complaint, You can request that the matter be escalated to a member of our Management Team. Once received our Management Team will personally review and respond to Your query, dispute or complaint. Please allow up to three (3) business days for a response.
21.3 Binding Arbitration.
Should a User be in any way dissatisfied with the resolution provided by the Management Team regarding the Dispute or in the event that the parties are unable to resolve the Dispute within fourteen (14) days of Our receipt of the User’s written notification, then either party may initiate binding arbitration as the sole means to resolve the Dispute, subject to the terms set forth below. Specifically, all Disputes arising out of or relating to these Terms (including its formation, performance and breach), the parties’ relationship with each other and/or a User’s use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with the provisions of its Commercial Arbitration Rules and the Consumer-Related Disputes Supplementary Procedures of the AAA, excluding any rules or procedures governing or permitting class actions.
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 this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. Except for the award of any punitive damages, the arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act at 9 U.S.C. Section 1, et seq. This arbitration provision shall survive termination of this Agreement.
Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at (800) 778-7879.
The parties further agree that arbitration shall be initiated in Cheyenne, Wyoming and to submit to the personal jurisdiction of any federal or state court in Wyoming in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
21.3.2 Class Action Waiver.
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND WE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
21.3.3 Exception - Litigation of Intellectual Property and Small Claims Court.
Notwithstanding the parties’ decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court located in Cheyenne, Wyoming to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Cheyenne, Wyoming for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of Wyoming shall be applied in any litigation proceedings, without regard to principles of conflict of laws. Users further agree to accept service of process by mail.
21.3.4 Other Claims.
For any claims, other than litigation of intellectual property rights and claims made in small claims court, that are not subject to arbitration the parties agree that litigation shall be initiated in Wyoming and agree to submit to the personal jurisdiction of any federal or state court in Wyoming. The parties hereby waive any argument that any such court does not have personal jurisdiction or that the location of Wyoming is not appropriate or convenient. The parties further agree to waive any and all rights to trial by jury with respect to any claims.
In the event that either party initiates a proceeding involving any claim other than an arbitration in accordance with this Section, or initiates a proceeding involving a claim under this Section other than in Wyoming, the other party shall recover all attorneys’ fees and expenses reasonably incurred in enforcing these Terms to arbitrate and the location to which the parties have herein agreed.
21.3.5 30-Day Right to Opt-Out.
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to Us at 90 Whitfield Street, London, United Kingdom, W1T 4EZ. The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with Us through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with Us. If Users opt-out of these provisions, We also will not be bound by them. Any opt-out request received after the Opt-Out Deadline will not be valid and Users must pursue their Dispute through binding arbitration or small claims court.
22. GENERAL PROVISIONS
22.1 Relationship of Parties/No Third Party Beneficiaries.
Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and Us as a result of this Agreement or their use of the Services. Users agree not to hold themselves out as representatives, agents, operators, distributors, or Our employees and We shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
We may assign its rights and obligations under this Agreement, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, We may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement without Our prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.
No failure or forbearance on Our part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.
Users agree that they shall not circumvent or attempt to circumvent these Terms or the Services or otherwise interrupt or attempt to interrupt Our or Our Providers’ operations (collectively, a “Circumvention Act”). If We determine, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Services, then, in such an event, We reserve the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Users further agree to indemnify, save, and hold Us harmless and Our Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the Services, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. We reserve the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify Us , and Users agree to cooperate with Our or Our Providers defense of these claims. We will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their Gaming Account or of the Services.
22.5 Force Majeure.
We shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
We may notify Users via postings in the Services, via email and/or any other method of communication to the contact information Users provide to Us. All questions, complaints, or claims pertaining to the Services as well as any notices given by Users or required from Users under these Terms shall be in writing and directed by email to:
Tripledot Fortune LLC
Any notices Users provide that do not comply with this Section 20.6 shall have no legal effect.
22.7 Term and Termination.
These Terms are effective until termination of Your Account by You or Us. Upon termination of Your Account, You will be barred from accessing or using any Service again and all license and rights granted to You under these Terms shall be terminated, without affecting Your obligation to pay any accrued Fees. Any and all terms and conditions within these Terms which should, by their nature, survive termination of this Agreement, will survive such termination.
22.8 Entire Agreement.
These Terms constitute the entire agreement between Users and Us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Us
23. GOVERNMENTAL COMPLIANCE
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Our right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Services or information provided to or gathered by Us with respect to such use.
24. GOVERNING LAW
By using these Services, You agree that the laws of the State of Wyoming will govern these Terms, without giving effect to any principles of conflicts of laws.
THE SECTION TITLES IN THESE TERMS ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Please visit this page regularly for updates to these Terms.