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General Terms

Important Notices

Last Updated: March 3, 2025

PLEASE NOTE THAT THE GENERAL TERMS INCLUDES 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 CLAUSE ‎20 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) BELOW. 

PLEASE NOTE THAT THE GENERAL TERMS INCLUDES A PROVSION WAIVING THE RIGHT TO A JURY TRIAL. FOR FURTHER DETAILS PLEASE SEE CLAUSE ‎29.1.b) (GENERAL PROVISIONS) BELOW. 

THE PLATFORM 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 PLATFORM SERVICES ARE INTENDED FOR RECREATIONAL AND ENTERTAINMENT PURPOSES ONLY AND ARE VOID WHERE PROHIBITED.

YOU MAY ONLY ACCESS THE PLATFORM AND USE THE PLATFORM SERVICES, IF YOU ARE LOCATED AND RESIDENT IN THE UNITED STATES (EXCEPT IF YOU ARE LOCATED OR RESIDENT IN WASHINGTON STATE, THE STATE OF IDAHO, THE STATE OF NEVADA, THE STATE OF KENTUCKY, THE STATE OF MICHIGAN, THE STATE OF CONNECTICUT, THE STATE OF NEW JERSEY, THE STATE OF MONTANA, THE STATE OF MARYLAND FOR FURTHER DETAILS REGARDING ELIGABILITY PLEASE SEE CLAUSE ‎4 ( ELIGIBILITY QUALIFICATIONS) BELOW.

You agree to be bound by the General Terms, the Sweeps Rules, the Privacy Policy (which sets out how we collect and use your personal information), Policy on Responsible Social Gameplay, and any promotion specific terms and conditions. The General Terms, the Sweeps Rules, the Privacy Policy, Policy on Responsible Social Gameplay and any promotion specific terms and conditions shall constitute the “Player Agreement“. 

The Player Agreement forms a legal binding agreement between you and us. 

You must read the Player Agreement which includes without limitation the Privacy Policy carefully in their entirety before checking the box for acceptance. By checking the “I accept the General Terms and Sweeps Rules”, by accessing the Platform Services, by registering a Player Account, you confirm that you have read and agree to be bound by the Player Agreement. If you do not agree with any provision of the Player Agreement, you agree that you shall not access the Platform or use any of the Platform Services which includes without limitation the Games.

1. Interpretation  

1.1 In the Player Agreement:

  1. a) no provision will be interpreted against us, because we (or our legal representatives) drafted such provision;
  2. b) the headings are for ease of reference only and shall not affect its construction or interpretation;
  3. c) any phrase introduced by the terms “including”, “include”, “such as”, “in particular” or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
  4. d) any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in Clause ‎2 (Definitions), effect shall be given to it as if it were a substantive provision in the body of the Player Agreement;
  5. e) if the context so requires, references to the singular shall include the plural and vice versa;
  6. f) a reference to a “person” is a reference to a person in the broadest sense, whether or not having separate legal identity, and includes a reference to any individual, corporate or unincorporated body, partnership, firm, trust and foundation. 

2. Definitions

2.1 In the Player Agreement, the following expressions shall have the respective meanings assigned to them, unless otherwise defined:

3. Verification

3.1 You agree that we reserve the right to conduct verification checks at any time, including without limitation during your registration process, the purchase of Social Coins or when you obtain Sweep Coins or Redeemable Sweep Coins. These verification checks may include, but are not limited to: 

  1. a) identification checks; 
  2. b) credit and background checks; 
  3. c) source of wealth checks; 
  4. d) Payment Mechanism and Substitute Payment Mechanism checks;  prevention of financial crime checks; and
  5. e) that are required under any applicable law or regulation. 

3.2 You may be required to provide specific information and documentation upon our request, which may include without limitation: 

  1. a) information regarding your location; 
  2. b) a valid mailing address; 
  3. c) date of birth; 
  4. d) government identifiers; 
  5. e) proof of your address;  
  6. f) governmental issued identification documents; and
  7. g) social security number.  
  8. h) Phone number 
  9. i)  third party verification (E.g. google/facebook) 
  10. j) facial identification

3.3 You confirm and agree that the information and documentation you provide us (at any given time) is true, accurate and complete. You further agree to promptly notify us of any change to such information and documentation. If any information or documentation provided by you is found to be false, inaccurate, or incomplete, we may terminate or suspend your Player Account.

3.4 Until we complete the verification checks to our satisfaction, we reserve the right to restrict, suspend or terminate your Player Account.

3.5 If any verification checks are not completed to our satisfaction, whether due to your failure to provide requested documentation or information in the required format within 20 days of our request, or you fail any verification checks, we may, at our discretion, suspend, restrict or terminate your Player Account. 

3.6 You agree that we may utilize third party service providers to assist in performing the verification checks.

4. Eligibility Qualifications

4.1 You hereby represent and warrant to us that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the Player Agreement and to fully comply with the Player Agreement at all times.

4.2 Registration of a Player Account and use of the Platform Services is only available only to natural persons who are at least 18 years of age or the age of majority in such natural person’s jurisdiction, whichever is higher who: 

  1. a) is located within the United States and is not located or resident in any Prohibited Jurisdictions.
  2. b) is legally able to enter into binding contracts under applicable law; and

4.3 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 or the Platform Content 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 a Player Account and use the Platform Services. 

4.4 To register a Player Account and use the Platform Services, you must comply with the following and you warrant and represent to us that you:

  1. a) are a natural person who is located in the United States and you are not located or resident in any of the Prohibited Jurisdictions;
  2. b) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher;
  3. c) can form legally binding contracts under applicable law;
  4. d) are not listed on any relevant PEP or sanctions lists;
  5. e) are legally allowed to use the Platform Services and access the Platform; and
  6. f) are eligible in accordance with this Clause ‎4 (Eligibility Qualifications) to access the Platform, register a Player Account and use the Platform Services.
  7. g) are using the Platform and Platform Services for your own behalf and not on the behalf of any other person or entity ;
  8. h) are accessing the Platform and using the Platform Services in your personal capacity for recreational and entertainment purposes only;
  9. i) are not listed on any U.S. Government list of prohibited or restricted parties; and
  10. j) 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.

5. Responsible Social Game Play

5.1 We are committed to creating a secure and responsible gaming environment for all players. 

5.2 To maintain a balance between enjoyment and responsible social gameplay, Splash Coins allows you to request a break or terminate your Player Account, through self-exclusion and set purchase limits for Social Coins.

5.3 We do not accept any responsibility or liability if: 

  1. a) you seek to use or continue using the Platform or Platform Content, with the intention of deliberately avoiding the relevant security measures in place; or
  2. b) we are unable to enforce our Responsible Social Game Play measures or policies due to circumstances beyond our reasonable control.

6. Player Account

6.1 To access and use the Platform Services you must register a Player Account through the Platform with us. You acknowledge that you do not own or have any right, title or property interest in or to your Player Account.

6.2 During the Player Account registration process you will be required to select a password. We may require you to change your username or may do so on your behalf.

6.3 You are solely responsible for maintaining the confidentiality of your Player Account, including your username and password, your Payment Mechanism and Substitute Payment Mechanism. We are not liable for any loss or damage resulting from your failure to maintain such confidentiality. 

6.4 If you suspect or become aware of any security breach of your Player Account, which includes without limitation any loss, theft or unauthorized disclosure of your password or username, you agree that you must notify us immediately via email at support@splashcoins.com.

6.5 You agree that we are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your Player Account and we may assume that any communications received under or through your Account have been made by you.

6.6 When registering a Player Account, you must provide accurate and complete information as requested by us. You agree to keep such registration information up to date and to promptly update any such registration information through your Player Account if such registration information has changed. 

6.7 We may, at our sole discretion, refuse to register a Player Account or suspend or terminate a Player Account, including without limitation if we suspect or determine that the Player Account registered by you is not in your name. Moreover, we may place limits on your Player Account. 

6.8 You agree that you may only register one Player Account, including an Inactive Player Account. If you attempt to register more than one Player Account, succeed in registering more than one Player Account or manage multiple Player Accounts, we reserve the right to terminate or suspend all or any of such Player Accounts at our discretion (which for the avoidance of doubt includes your Player Account).

6.9 Your Player Account is for your personal use only. You agree not to share your username or password, or allow others to access or use your Player Account. You may not “co-own” or “co-use” a Player Account. 

6.10 We reserve the right to limit Player Account registrations. Such limitations may include but shall not be limited to restrictions of one Player Account per tablet, personal computer, IP address, mobile device, Payment Mechanism or Substitute Payment Mechanism.

6.11 You accept full responsibility for all activities conducted through your Player Account which includes without limitation any unauthorized use of your Player Account and any activity linked to your Player Account. 

7. Inactive Player Account Policy

7.1 Your Player Account will be deemed as an “inactive account” If you have not purchased any Social Coins for a period of 90 consecutive days (“Inactive Player Account“).

7.2 In the event we deem your Player Account to be an Inactive Player Account, we reserve the right to revoke and remove the Social Coins, Sweep Coins and Redeemable Sweep Coins associated with such Inactive Player Account and we shall have no liability to you with respect to the exercise of such rights.

8. Player License

8.1 Subject to your strict compliance with the terms set forth in the Player Agreement, we grant you a personal, revocable, non-exclusive, non-assignable, non-transferable, non-sub-licensable right to use the Platform. This includes, but is not limited to, any software, brand names, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Platform Content, Social Coins, Sweep Coins and Redeemable Sweep Coins in connection with the Platform Services. 

8.2 The license granted to you in Clause ‎8.1, is strictly granted to you for your personal recreational and entertainment purposes only.

9. Publicity Rights and Authorization

9.1 By playing the Games or redeeming any Redeemable Sweep Coins, unless prohibited by law, you irrevocably permit, authorize, grant, and license to the Permitted Personnel 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, 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:

  1. a) the marketing or promotion of any of any member of the Company Group’s services, activities or offerings; or
  2. b) the development, production, distribution, marketing, promotion or exploitation of the Platform, the Platform Services, Social Coins, Sweep Coins or Redeemable Sweep Coins as well as any of our future offerings.

9.2 You agree that playing the Games or redeeming any Redeemable Sweep Coins constitutes complete compensation for the permit, authorize, grant, and license provided by you in this Clause ‎9  and you agree not to seek any further consent or any royalty, payment, or other compensation.

10. Sweep Coins and Sweep Prizes

10.1 Sweep Coins

  1. a) Sweep Coins cannot be purchased.
  2. b) Sweep Coins have no monetary value, they cannot be withdrawn or transferred or exchanged.  
  3. c) Sweep Coins can only be used on Sweep Coins Game Play and you may only participate in Sweep Coins Game Play, if you possess in your Player Account a sufficient number of Sweep Coins for playing the relevant Game in Sweeps Coins Game Play. 
  4. d) The amount of Sweep Coins which are credited to you will be displayed in your Player Account.
  5. e) Once you select Sweep Coins for use in Sweep Coins Game Play and we accept the transaction, you cannot cancel the use of such Sweep Coins.
  6. f) We reserve the right to remove, expire, limit, change, manage, regulate, control, modify or eliminate Sweep Coins, whether generally or specifically to you and we shall have no liability to you with respect to the exercise of such rights.
  7. g) Sweep Coins expire automatically 60 (sixty) days from the date they are granted to your Player Account and will be removed from your Player Account.
  8. h) Sweep Coins can be used to play Sweep Coin Game Play for a chance to acquire Redeemable Sweep Coins. These Redeemable Sweep Coins can be used to obtain Sweep Prizes.
  9. i) You agree not to 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, Sweep Coins. Any such attempt by you is prohibited and void. 

10.2 Sweep Prizes

a) Limitations

  1. b) How to Receive Sweep Prizes

  1. (i) Sweep Prizes can only be obtained through redeeming Redeemable Sweep Coins, which is for the avoidance of doubt subject to Clause ‎10.2 ‎a). 
  2. (ii) Only Redeemable Sweep Coins will offer the opportunity to redeem them for Sweep Prizes. 
  3. (iii) Each Redeemable Sweep Coin can be redeemed for Sweep Prizes, which is for the avoidance of doubt subject to Clause ‎10.2 ‎a). 
  4. (iv) Upon redeeming the Redeemable Sweep Coins to obtain a Sweep Prize and our acceptance of this, you cannot cancel the redemption of such Redeemable Sweep Coins

  1. c) Cash Redemption:

  1. (i)  If you redeem any Redeemable Sweep Coins for cash, subject to the Player Agreement, we will pay such amount in USD to the Payment Mechanism. If for any reason we cannot process the payment to the Payment Mechanism we may, at our discretion, pay you via the Substitute Payment Mechanism, which we may select. 
  2. (ii) It is solely your responsibility to ensure that the details of the Payment Mechanism or Substitute Payment Mechanism (as applicable) are correct and up to date. 
  3. (iii) If the redeemed cash does not reach you due to the details of your Payment Mechanism or Substitute Payment Mechanism (as applicable) not being correct and up to date, we shall not be liable to reverse or re-issue the cash. 

  1. d) Redemption of Tangible Sweep Prizes: 

  1. (i) Tangible Sweep Prizes (except for Digital Gift Card) Redemption: Following your redemption of Redeemable Sweep Coins for a Tangible Sweep Prize, subject to the Player Agreement, we will send the Tangible Sweep Prize to the bricks and mortar address associated with your Player Account when you redeem such Sweep Prize. If the Tangible Sweep Prize is not delivered to you, we shall have no liability to you and for the avoidance of doubt we shall not be liable to provide you with a replacement Tangible Sweep Prize. 
  2. (ii) Digital Gift Card Redemption: Following your redemption of any Redeemable Sweep Coins for a digital gift card, subject to the Player Agreement, we will send the gift card to the email address associated with your Player Account when you choose the gift card. If the gift card is not delivered to you, we shall not be liable to you and for the avoidance of doubt we shall not be liable to provide you with a replacement digital gift card. 

  1. e) Additional Redemption Provisions: 

  1. (i) Sweep Prizes shall not be substituted, assigned or transferred by you. We reserve the right to substitute any of the Sweep Prizes with another Sweep Prize of greater or equal value .
  2. (ii) It is solely your responsibility to ensure that the email address and bricks and mortar address (as applicable) which is associated with your Player Account is correct and up to date. For the avoidance of doubt, if a Sweep Prize does not reach you as the details are not correct and up to date, we shall not be liable to provide you with a replacement Sweep Prize. 
  3. (iii) PRIOR TO REEDEEMING ANY SWEEP PRIZES, YOU MAY BE REQUIRED BY US TO SUBMIT VIA THE PLATFORM YOUR GOVERNMENTAL ISSUED IDENTIFICATION, YOU MAY ALSO BE REQUIRED TO SEND VIA EMAIL OR VIA THE US POSTAL SYSTEM TO US AN AFFIDAVIT / DECLARATION OF ELIGIBILITY AS PROVIDED BY US, A PUBLICITY / LIABILITY AGREEMENT/RELEASE AS PROVIDED BY US AND APPROPRIATE TAX FORMS, BY A DEADLINE SPECIFIED BY US. FAILURE TO COMPLY WITH THESE REQUIREMENTS (WHICH INCLUDES WITHOUT LIMITATION FAILING TO PROPERLY EXECUTE AND RETURN THE AFFIDAVIT/DECLARATION OF ELIGIBILITY AND THE PUBLICITY/LIABILITY AGREEMENT/RELEASE BY THE DEADLINE OR YOUR FAILURE TO PROPERLY COMPLETE THE TAX FORMS BY THE DEADLINE), AT OUR DISCRETION MAY RESULT IN DISQUALIFICATION AND YOUR FORFEITURE OF THE SWEEP PRIZE AND THE REDEEMABLE SWEEP COINS USED TO REDEEM SUCH SWEEP PRIZE. 
  4. (iv) WE SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO YOUR USE OF ANY SWEEP PRIZES.
  5. (v) IN THE EVENT THAT YOU REDEEM A TANGIABLE SWEEP PRIZE, ONCE IT LEAVES OUR OR OUR SUPPLIERS PREMISES, WE SHALL HAVE NO FURTHER LIABILITY TO YOU WITH RESPECT OF SUCH TANGIABLE SWEEP PRIZE.  
  6. (vi) THERE MAY BE THIRD PARTY TERMS AND CONDITIONS WHICH APPLY TO THE SWEEP PRIZE WHICH YOU HAVE REDEEMED, WHICH INCLUDES WITHOUT LIMITATION AN EXPIRATION DATE. IT IS SOLELY YOUR RESPONSIBILITY TO BE AWARE OF AND COMPLY WITH SUCH THIRD-PARTY TERMS AND CONDITIONS AND WE SHALL HAVE NO LIABILITY TO YOU IF YOU FAIL TO COMPLY WITH SUCH TERMS AND CONDITIONS.
  7. (vii) IF YOU HAVE BEEN ISSUED A SWEEP PRIZE THAT DOES NOT BELONG TO YOU, THE VALUE OF THE MISTAKENLY ISSUED PRIZE WILL (WITHOUT PREJUDICE TO OTHER REMEDIES AND ACTIONS THAT MAY BE AVAILABLE TO US) CONSTITUTE A DEBT OWED BY YOU TO US. IN THE EVENT OF AN INCORRECT CREDITING, YOU ARE OBLIGED TO NOTIFY US BY EMAIL TO: SUPPORT@SPLASHCOINS.COM WE RESERVE THE RIGHT TO DEDUCT FROM YOUR PLAYER ACCOUNT OR OTHERWISE CHARGE OR ADJUST YOUR PLAYER ACCOUNT TO CORRECT ERRORS.

11. Social Coins 

11.1 Social Coins

a) Social Coins may be granted to you by us, in the following ways:

  1. b) Social Coins have no monetary value and cannot be withdrawn, transferred, exchanged or used to obtain Sweep Coins.
  2. c) Social Coins can only be used on Social Coins Game Play and you may only participate in Social Coins Game Play, if you possess in your Player Account a sufficient number of Sweep Coins for playing the relevant Game in Sweeps Coins Game Play. 
  3. d) The amount of Social Coins which are credited to you will be displayed in your Player Account.
  4. e) Once you select the Social Coins for use in Social Coins Game Play and we accept the transaction, you cannot cancel the use of such Social Coins. Following your purchase of Social Coins we will draw funds from the Payment Mechanism.
  5. f) We reserve the right to remove, expire, limit, change, manage, regulate, control, modify or eliminate Social Coins, whether generally or specifically to you and we shall have no liability to you with respect to the exercise of such rights.
  6. g) Social Coins expire within 60 (sixty) days from the date they are granted to your Player Account and will then automatically expire and be removed from your Player Account.
  7. h) You agree not to 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, Social Coins. Any such attempt by you is prohibited and will be void.   
  8. i) We may limit the number of Social Coins you can purchase at any one time or over the course of a period of time, which may be amended at our discretion without notice to you.

12. Payments, Fees and Taxes

12.1 Payments

a) The Payment Mechanism and Substitute Payment Mechanism must: 

  1. b) If we discover or suspect that the name used to register your Player Account is different from the name associated with your Payment Mechanism or Substitute Payment Mechanism, we reserve the right to immediately terminate or suspend your Player Account.
  2. c) The funds which you use to make purchases through the Platform Services must not be linked to any illegality. 
  3. d) We may revise the pricing for Social Coins at any time.
  4. e) All transactions, including the purchase of Social Coins and redemption of any Redeemable Sweep Coins are conducted in United States Dollars. You are  responsible for ensuring  that your Payment Mechanism and Substitute Payment Mechanism are capable of processing the transactions in United States Dollars. 
  5. f) We may appoint third-party 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 for any losses, damages or liabilities resulting from the acts or omissions of such agents. 
  6. g) In addition, we and any payment administration agents and payment facilitators which are used as part of the Platform Services may store and keep your payment information (for example your card number or token) on file to process any future purchases you may make. By accepting and agreeing to these General Terms, you authorize us, the payment administration agents and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
  7. h) 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 Player Account (even if not authorized by you).  
  8. i) 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 us 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 any Sweep Coins until we have received such amount. 
  9. Except as required by applicable law, all payments made by you to us are final and non-refundable. We may, at our sole discretion, issue refunds or credits on a case-by-case basis. Any such refund or credit granted  shall not impose any obligation on us to provide the same refund or credit in the future.

12.2 Fees 

  1. a) We reserve the right to charge you processing fees with respect to the purchase of any Social Coins or receipt of any Sweep Prizes. The processing fees with respect to the purchase of Social Coins will be charged to you in cash.
  2. b) You are solely responsible for any 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.

12.3 Taxes

  1. a) Prior to your redemption in aggregate of 600 United States Dollars or more in  Redeemable Sweep Coins over one calendar year, you must provide an updated address and social security details to us. These details will be used to allow us to comply with tax regulations and may be shared with appropriate tax authorities. If we do not receive such updated address and social security details, we may suspend any redemption of Redeemable Sweep Coins which you request, until we have received such information to our satisfaction.    
  2. b) All payments made by you to us, and your redemption of any Redeemable Sweep Coins for Sweep Prizes and 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 “Relevant Taxes”), which you solely shall be responsible to pay.
  3. c) All payments made by us, and the redemption of any Redeemable Sweep Coins for Sweep Prizes, such shall be inclusive of all Relevant Taxes which you solely shall be responsible to pay. Furthermore, we reserve the right to charge you any Relevant Taxes or charge a fee to offset any Relevant Taxes.
  4. d) 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 Relevant Taxes, any such amount deducted and withheld by the Company shall be deemed paid to you for all purposes hereunder.
  5. e) You confirm to us, that you are not subject to backup withholding tax because:
  1. (i) you are exempt from backup withholding; 
  2. (ii) 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 
  3. (iii) the IRS has notified you that you are no longer subject to backup withholding.

f) You are solely responsible for filing and paying applicable state and federal taxes, duties, levies or fees on Social Coins, Redeemable Sweep Coins and Sweep Prizes. 

13. Game Rules

Each Game may have its own specific set of rules. It is your responsibility to read and fully understand the rules of any Game before participating in such Game.

14. Promotions and Bonus Offers

14.1 From time to time, we may offer promotions or bonus offers. We reserve the right to modify or cancel any promotion or bonus offer (as applicable) at any time and without notice to you.

14.2 All promotions and bonus offers are subject to the Player Agreement and promotion-specific terms and conditions made available to you (“Promotion Specific Terms”).

14.3 If we have reasonable grounds to believe you are misusing or attempting to misuse a promotion or bonus offer (as applicable) or you have engaged in fraudulent or unlawful activities, then we may, at our discretion, deny, withhold or withdraw from you any special offer or bonus offer, either temporarily or permanently, or terminate or suspend your Player Account. 

15. Chat Feature for Player Support 

15.1 As part of your use of the Platform Services, the Company may provide you with a chat feature via which you will be able to communicate with our end-user support. 

15.2 In the event you abuse any facility provided through the chat feature, we may at our discretion terminate or suspend your Player Account or your use of the chat feature. 

16. Complaints and Decisions Regarding Games

16.1 In the event of a discrepancy between the result shown on your device and our server software, the result shown on our server software will be the official and governing result.

16.2 If you have a complaint, you can contact our Customer Support by e-mail: support@splashcoins.com.

16.3 When contacting Customer Support, you must include: (i) a detailed explanation of your complaint or claim (as applicable); (ii) your username, your full name associated with the Player Account; (iii) the email associated with your Player Account at the time you send the complaint or claim (as applicable); and (iv)all relevant information and supporting materials relating to your complaint or claim (as applicable) including any relevant dates, times and screenshots.

16.4 Your failure to submit any of the details may result in a delay in our ability to identify and respond to your complaint or claim (as applicable) in a timely manner.

16.5 Customer Support will review your claim and will make reasonable efforts to provide you with its decision within 20 days of you submitting your claim or complaint (as applicable). Our decisions shall be final and binding, subject to your right to invoke the process detailed in Clause ‎20 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis).

17. Ownership and Use of Intellectual Property

17.1 This Platform and the Platform Content are proprietary and are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. 

17.2 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), Social Coins Sweep Chips and Redeemable Sweep 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 Clause ‎8 (Player License). 

17.3 You agree not to 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 Social Coins, Redeemable Sweep Coins and the Sweep Coins in any way, including by removing any copyright or trademark.

17.4 You agree that you shall not:

  1. a) sell, assign, sublicense, transfer, distribute or lease the software used with respect to the Platform or the Platform Content; 
  2. b) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivative works of the source code of the Platform or the Platform Content, or otherwise;
  3. c) make the software of the Platform or the Platform Content available to any third party through a computer network or otherwise; and 
  4. d) use the software of the Platform or the Platform Content in a manner that violates applicable laws or regulations. 

18. Third Party Services

18.1 The Platform Services may provide links to third-party websites, applications, services, offerings, products or other activities (“Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that we endorse or are in any way liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is at your own risk and shall be subject to the terms governing use of such Third-Party Services. You acknowledge that we have no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third parties. You understand that when you click on these links any data that you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to our General Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.

19. Unlawful and Fraudulent Activity

19.1 You are not permitted to use the Platform, Platform Content, Social Coins, Sweep Coins, Redeemable Sweep Coins or the Sweep Prizes for any unlawful or fraudulent activity.  

19.2 If we determine or suspect that you have engaged in or assisted in fraudulent or unlawful activity, we may terminate or suspend your Player Account. The following are some examples of fraudulent or illegal s:

  1. a) using the Platform Services in violation of any applicable law or regulation;
  2. b) where the source of funds used by you are illegal;
  3. c) providing tampered, false, misleading or inaccurate information or documentation to us;
  4. d) interfering with any other person’s use and enjoyment of the Platform Services;
  5. e) chargebacks with respect to any purchase of Social Coins;
  6. f) using another person’s Player Account;
  7. g) using the Platform 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 Platform Services;
  8. h) taking advantage of any software failure, malfunction or bug;
  9. i) using any software assisted methods or techniques (including but not limited to bots) to access the Platform Services or play the Games; 
  10. j) leaving large sums of Social Coins, Sweep Coins on the table and returning to the game after bonus style play has been completed;
  11. k) interfering with or disrupting the integrity or performance of the Platform Services;
  12. l) using any robot, spider, scraper, or other automated means to access, harvest, or scrape the Platform Services;
  13. m) scraping indexing, framing, linking, or copying any Platform Content or information made available through the Platform Services;
  14. n) any form of cheating or collusion;
  15. o) hacking the Platform or Platform Services;
  16. p) 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;
  17. q) abusing any bonus offer or bonus style system;
  18. r) using IP proxying (for example using a VPN) or other methods to disguise your location or the place of your residence; 
  19. s) circumventing geographical restrictions placed by us;
  20. t) taking any action that could disable, overburden or impair the proper working of the Platform Services or the Platform;
  21. u) 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 Platform Services or the Platform when you have opted out from receiving the Platform Services; and
  22. v) introducing viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material.

19.3 We reserve the right to notify 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 or fraudulent activity. You agree to fully cooperate with us in investigating such activity.

20. Dispute Resolution and Agreement to Arbitrate on an Individual Basis

  1. a) PLEASE READ THIS CLAUSE ‎20 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.
  2. b) THIS Clause ‎20 (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 PLAYER AGREEMENT.
  3. c) By agreeing to the Player Agreement, 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 the Player Agreement, the Platform, Platform Content, Social Coins, Sweep Coins, Redeemable Sweep Coins, Sweep Prizes, the formation of the Player Agreement or any other dispute between you and the Company and whether arising prior to or after your agreement to this Clause ‎20, (each a “Dispute“) will be governed by the procedure detailed below in this Clause ‎20.
  4. d) You and the Company further agree that any arbitration pursuant to this Clause ‎20 shall not proceed as a class, group or representative action.

20.1 Informal Dispute Resolution

  1. e) 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 legal@interactive-studios.com 
  2. f) 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 Player Account at the time of the Dispute (if such email has been provided). 
  3. g) 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.

20.2 Agreement to Arbitrate  

By agreeing to the Player Agreement, 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 Clause ‎20. 

20.3 Opt-Out of the Agreement to Arbitrate

  1. a) You may, at your discretion, opt out and not be bound by the agreement to arbitrate by sending written notice by e-mail to legal@interactive-studios.com within 30 days of first accepting the Player Agreement, 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.  
  2. b) By opting out of the agreement to arbitrate in this Clause ‎20, 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 Player Agreement otherwise provided herein. 
  3. c) 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 Clause ‎20 shall continue to apply to you.
  4. d) 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, Social Coins, Sweep Coins, Redeemable Social 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.

20.4 Arbitration Procedures and Fees

  1. a) You and the Company agree that JAMS (“JAMS“) will administer the arbitration under its then current Streamlined Rules (“JAMS Rules“) in effect at the time the arbitration is sought. The Jams Rules are available at www.jamsadr.com. 
  2. b) 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.  
  3. c) You and the Company agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in Delaware, at either party’s election, the arbitration will be conducted telephonically or through other remote electronic means. 
  4. d) 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.

20.5 Proceedings Requiring Three Arbitrators

  1. a) Notwithstanding anything to the contrary in Clause ‎20.4, 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 Comprehensive Arbitration Rules and Procedures (“JAMS Comprehensive Rules”). 
  2. b) Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. 
  3. c) 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 Clause ‎20.5 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.

20.6 Batch Arbitration

  1. a) 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 an 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 together individual arbitration demands into a single coordinated proceeding. 
  2. b) All provisions of this Clause ‎20.5 that are not in conflict with the JAMS Mass Arbitration Rules, including the qualifications for the arbitrators, shall continue to apply.

20.7 Class Action and Collective Arbitration Waiver 

  1. a) 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, COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS JUST STATED IN CLAUSE ‎20.6); 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. 
  2. b) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THE PLAYER AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF CLAUSES ‎20.5, ‎20.6, OR ‎20.7 OF THIS CLAUSE ‎20 (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 CLAUSE ‎20 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY’S ELECTION.

20.8 EXCEPTIONS TO AGREEMENT TO ARBITRATE FOR TEMPORARY RELIEF: 

a) NOTWITHSTANDING THE OTHER PROVISIONS OF THIS CLAUSE ‎20 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS), EITHER YOU OR WE MAY BRING AN ACTION IN A COURT AS AUTHORIZED BY CLAUSE ‎29.1.b) (ADDITIONAL PROVISIONS) FOR TEMPORARY INJUNCTIVE RELIEF UNTIL AN ARBITRATOR HAS BEEN EMPANELED AND CAN DETERMINE WHETHER TO CONTINUE, TERMINATE OR MODIFY SUCH RELIEF.

21. Indemnification

21.1 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, suppliers and representatives 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:

  1. a) any activity related to your Player Account;
  2. b) your breach of the Player Agreement (including without limitation any breach of any warranty, representation undertaking and covenant, acknowledgement or agreement which you provide);
  3. c) your access to or use of the Platform Services; 
  4. d) your breach of applicable laws or regulations;
  5. e) any fraud committed by you;
  6. f) your access or use of the Platform, Platform Content, Platform Services, Social Coins, Sweep Coins, Redeemable Sweep Coins or Sweep Prizes;
  7. j) your infringement of any third-party rights including without limitations any intellectual property rights;
  8. h) your acceptance, receipt, use or misuse of any Sweep Prize; or
  9. i) the payment of any funds from you to us. 

22. Disclaimer of Warranties

22.1 THE PLATFORM, PLATFORM CONTENT, SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” BASIS. 

22.2 YOU AGREE THAT YOUR USE OF THE PLATFORM, PLATFORM CONTENT, Social Coins, GOLD COINS, SWEEP COINS, REDEEMABLE SWEEP COINS AND SWEEP PRIZES IS AT YOUR SOLE RISK.

22.3 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 IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.   

22.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE PLATFORM, PLATFORM CONTENT, SOCIAL COINS, SWEEP COINS,REDEEMABLE SWEEP COINS AND SWEEP PRIZES (AS APPLICABLE): 

  1. a) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
  2. b) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; AND
  3. c) WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 

22.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO WARRANTY THAT:

  1. a) DEFECTS OR ERRORS IN THE PLATFORM, PLATFORM CONTENT, SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS  AND SWEEP PRIZES WILL BE CORRECTED; AND
  2. b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM AND PLATFORM SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE.

23. Errors, Malfunctions and Mistakes

23.1 IN THE EVENT THAT THE PLATFORM OR PLATFORM SERVICES EXPERIENCE A SYSTEM MALFUNCTION ALL GAME PLAY SHALL BE VOIDED BY US AND WE MAY DEDUCT THE SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE). 

YOU AGREE THAT ANY SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES (AS APPLICABLE) FROM YOUR PLAYER ACCOUNT.

23.2 IN THE EVENT OF AN ERROR OR MALFUNCTION OF A GAME, THEN ALL GAME PLAY RESULTING FROM THE ERROR OR MALFUNCTION WILL BE VOID AND WE MAY DEDUCT THE SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS GRANTED TO YOU (AS APPLICABLE).

YOU AGREE THAT ANY SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE)  WILL BE VOIDED AND WE MAY DEDUCT SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) FROM YOUR PLAYER ACCOUNT.

23.3 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 SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE).  

YOU AGREE THAT ANY SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) FROM YOUR PLAYER ACCOUNT.  

23.4 IF YOU ARE INCORRECTLY GRANTED SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES (AS APPLICABLE) AS A RESULT OF:

  1. a) ANY HUMAN ERROR, TECHNICAL ERROR OR OTHERWISE; 
  2. b) ANY ERROR MADE BY US OR ON OUR BEHALF;
  3. c) ANY BUG, DEFECT, VIRUS OR ERROR IN THE PLATFORM, PLATFORM SERVICES OR PLATFORM CONTENT; OR
  4. d) THE FAILURE OF ANY GAMES TO OPERATE IN ACCORDANCE WITH THE RULES OF THE RELEVANT GAME, 

THEN WE WILL NOT BE LIABLE TO GRANT YOU ANY SUCH SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES (AS APPLICABLE)  AND YOU AGREE THAT ANY SUCH  SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS OR THE SWEEP PRIZES GRANTED TO YOU (AS APPLICABLE) WILL BE VOID AND WE MAY DEDUCT SUCH FROM YOUR PLAYER ACCOUNT.

24. Limitations of Liability

24.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,  IN NO EVENT WILL ANY 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 OR TO ANY OTHER ENTITY, 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 ACCESS OR USE OF THE PLATFORM, PLATFORM CONTENT, SERVICES, SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS, SWEEP PRIZES OR ANY ACT OR OMISSION BY US. 

24.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT 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 TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. 

24.3 FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.

24.4 ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE PLATFORM CONTENT AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE PLATFORM SERVICES, SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS, SWEEP PRIZES OR THE PLATFORM CONTENT, SUCH GREATER RESTRICTIONS SHALL APPLY. 

24.5 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, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 

24.6 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:

  1. a) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
  2. b) IF YOU ARE NOT A CALIFORNIA RESIDENT, 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.

25. Player Account Termination and Suspension

25.1 You shall remain responsible for any activity on your Player Account until it is terminated.

25.2 How Can You Terminate Your Player Account

25.3 How Can We Terminate or Suspend Your Player Account

a) We may at our discretion, suspend or terminate your Player Account:

  1. (i) for any reason we decide to discontinue to provide the Platform Services in general;
  2. (ii) for any reason we decide to discontinue to provide the Platform Services specifically to you;
  3. (iii) you are in breach of any provision in the Player Agreement;
  4. (iv) we reasonably suspect that you are in breach of any provision of the Player Agreement or under Clause ‎25.4.a).

b) Furthermore, we may terminate or suspend the Player Agreement under Clauses ‎3.3, ‎3.4, ‎3.5  (Verification), ‎6.7, ‎6.8 (Player Account), ‎12.1.b) (Payments, Fees and Taxes), ‎14.3 (Promotions and Bonus Offers), ‎15.2 (Chat Feature for Player Support) and ‎19.2 (Unlawful and Fraudulent Activity). 

25.4 Consequences of Player Account Suspension 

  1. a) If your Player Account is suspended, we may still terminate your Player Account under the Player Agreement. 
  2. b) During the suspension of your Player Account, you will not be able to play the Games, purchase or use Social Coins and receive or use Sweep Coins and Redeemable Sweep Coins, until at our discretion we decide to lift the suspension.

25.5 Consequences of Player Account Termination

a) If your Player Account is terminated:

  1. (i) all licenses granted to you under the Player Agreement shall immediately terminate;
  2. (ii) you must cease using the Platform, Platform Content, Platform Services, Social Coins and Sweep Coins and Redeemable Sweep Coins;
  3. (iii) you shall forfeit and we shall retain all Social Coins, Sweep Coins and Redeemable Sweep Coins in your Player Account;
  4. (iv) at our discretion, you shall forfeit any Sweep Prizes which have not been sent to you and we shall retain such Sweep Prizes; and
  5. (v) at our discretion, we may retain any or all of the balance in your Player Account. 
  1. b) If your Player Account is terminated under Clause ‎25.2.a) or ‎25.3.a)(ii), we may allow you, at our discretion to redeem any Redeemable Sweep Coins which you have not redeemed as of when your Player Account is terminated within 21 days of termination of your Player Account, which is for the avoidance of doubt, subject to the limitations in Clauses ‎10.2.a)(ii)- ‎10.2.a)(iv) (inclusive), ‎10.2.b)(iv), ‎10.2.c)-‎10.2.e) (inclusive) (Sweep Prizes). 
  2. c) If you terminate your Player Account under Clause ‎25.2.b), you may redeem any Redeemable Sweep Coins  which you have not redeemed as of when your Player Account is terminated within 21 days of termination of your Player Account, which is for the avoidance of doubt, subject to the limitations in Clauses ‎10.2.a)(ii)- ‎10.2.a)(iv) (inclusive), ‎10.2.b)(iv), ‎10.2.c)- ‎10.2.e) (inclusive) (Sweep Prizes).
  3. d) The rights set out in in this Clause  ‎25 are without prejudice to any other rights or remedies that we may have against you under the Player Agreement or otherwise.
  4. e) For the avoidance of doubt, if your Player Account is terminated, the Player Agreement will automatically terminate and if the Player Agreement is terminated your Player Account will automatically terminate. 
  5. f) 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, Clauses ‎1 (Interpretation), ‎2 (Definitions), ‎9 Publicity Rights and Authorization) ‎12.1.g) –‎12.3 (inclusive), ‎17.1 –‎17.2 (Ownership and Use of Intellectual Property), ‎20 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), ‎21 (Indemnification), ‎22 (Disclaimer of Warranties), ‎23 (Errors, Malfunctions and Mistakes), ‎24  (Limitations of Liability), ‎25.5 (Player Account Termination and Suspension) and ‎29 (Additional Terms) of the General Terms.

26. Updates to the Platform Content and Amendments of the Player Agreement

26.1 We reserve the right to add, modify, remove, discontinue or suspend the Platform or the Platform Content at any time, or any part thereof with immediate effect and without prior notice to you. Under no circumstances shall we be held liable to you for any loss, damage or liability suffered by you which results from any addition, modification, removal or suspension of the Platform or Platform Content, or any part thereof. For the avoidance of doubt you will have no claims with respect to such addition, modification, removal or suspension. 

26.2 We may amend the General Terms, the Sweeps Rules, the Privacy Policy or Policy on Responsible Social Gameplay, from time to time, by posting an amended version on the Platform. Such updates will take effect immediately upon being posted and will be binding on you. 

26.3 In the event amendments to the General Terms, the Sweeps Rules, the Privacy Policy or the Policy on Responsible Social Gameplay limit your then current rights, or otherwise adversely affect you, we may, at our sole discretion, (but for the avoidance of doubt are not obligated to): 

  1. a) request your acceptance of the amended General Terms, the Sweeps Rules, the Privacy Policy or Policy on Responsible Social Gameplay (as applicable);
  2. b) notify you via your e-mail address linked to your Player Account at the time of such amendment; or 
  3. c) display a notice regarding the amendments on the Platform; or

26.4 If we provide notification in accordance with Clauses ‎26.3.b)  or ‎26.3.c), your continued use of the Platform Services will constitute your acceptance of the amendments.

26.5 For the avoidance of doubt, we retain the right to amend the General Terms, the Sweeps Rules, the Privacy Policy or Policy on Responsible Social Gameplay in a manner that may limit your then current rights or which adversely affects you, in accordance with Clause ‎26.2.

26.6 Should you disagree with any amended General Terms, the Sweeps Rules, the Privacy Policy or the Policy on Responsible Social Gameplay (as applicable), your sole remedy will be to terminate your Player Account in accordance with Clause ‎25.2.a) (Player Account Termination and Suspension) and immediately discontinue your use of the Platform and the Platform Content. 

27. No Legal and Tax Advice

27.1 You acknowledge and agree that we cannot provide you with any legal advice or assurances. It is your sole responsibility to ensure that registering a Player Account and using the Platform, Platform Content, Social Coins, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes comply with the laws and regulations which apply to you.

27.2 We do not offer tax advice. If you require assistance regarding tax matters, you should consult an appropriate advisor.

28. The Company is not a Financial Institution

28.1 We are not a financial institution, and you will not treat us as a financial institution. No interest will be accrued or paid on any unredeemed Redeemable Sweep Coins, Social Coins, Sweep Coins and Sweep Prizes. 

28.2 You are strictly prohibited from utilizing the Platform 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.

29. Additional Provisions

29.1 Governing Law and Jurisdiction:

  1. a) The parties agree that their entire relationship, the Player Agreement (including without limitation its construction, validity, interpretation and enforceability) and your use of the Platform, Platform Content, Social Coins, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes, are governed by and shall be construed in accordance with the laws of the Delaware 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.
  2. b) Subject to Clause ‎20 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), the parties agree that any Dispute will be submitted exclusively to the courts in Delaware 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, SITE CONTENT, PLATFORM SERVICES, SOCIAL COINS, SWEEP COINS, REDEEMABLE SWEEP COINS, SWEEP PRIZES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.   

29.2 Entire Agreement: The Player Agreement constitutes the entire agreement between us regarding its subject matter, superseding any prior agreement, understanding or arrangement between us, whether written or oral.

29.3 No Agency: Nothing in the Player Agreement shall be interpreted as creating an agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

29.4 Conflicts:

  1. a) In the event and to the extent of any conflict between the Player Agreement and any Promotion Specific Terms, the Promotion Specific Terms will govern. 
  2. b) Subject to the paragraph above in the event of any conflict between the General Terms, Sweeps Rules, Policy on Responsible Social Gameplay, the General Terms will govern solely to the extent necessary to resolve the conflict, unless there is an express statement to the contrary.

29.5 No Waiver: A failure or delay by us in exercising any right under the Player Agreement shall not be deemed as a waiver of that right. Furthermore, any partial or single exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right. 

29.6 Severability: Any provision of the Player Agreement which is deemed to be invalid, illegal or unenforceable by a competent authority, 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 Player Agreement.

29.7 Business Transfers: In the event we undergo a change of control, merger, acquisition, or sale of assets, your Player Account and associated data may be part of the assets transferred to the purchaser or acquiring party.

29.8 Assignment: You may not assign, charge, transfer, delegate or sub-license any rights and obligations under the Player Agreement. We reserve the right to assign, charge, transfer, delegate or sub-license any of our rights and obligations under the Player Agreement to any third party without notice to you.

29.9 Force Majeure: We will not be held liable for any failure or delay in performing any of our obligations under the Player Agreement for so long as our performance is directly or indirectly prevented, hindered or delayed by a Force Majeure Occurrence.

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