Terms of Service

Effective Date 27 April 2016 (last updated 27 April 2016)

THE GAMES AVAILABLE FOR YOUR USE ON THE WEB SITES AND APPS ASSOCIATED WITH THESE TERMS ARE INTENDED FOR USE ONLY BY THOSE 21 OR OLDER AND ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY.  THE GAMES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES.  NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON PLAYING THESE GAMES.  PRACTICE OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING.

 

Your use of the web sites and apps on which these terms reside (collectively, the “Platform”), and the features at this Platform are subject to these Terms of Use. Please read these Terms of Use carefully before using this Platform. The Platform is owned or controlled by Phantom EFX, LLC. (“Company”).  This Platform is intended for those who are at least 21 years of age or older.  By using the Platform, or services or games available through the Platform, you certify that you are at least 21 years of age.  By accessing this Platform in any way, including, without limitation, browsing this Platform, using any information, and/or submitting information to Company, you agree to and are bound by the terms, conditions, policies and notices contained on this page (the “Terms”), including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Nevada law. You furthermore agree to be bound by any application, forum, or game specific rules published within the Platform.  If you do not agree to the terms and conditions contained herein, you may not access or otherwise use the Platform.

 

From time to time we may update this Platform. Company may, in its sole discretion, and at any time, discontinue this Platform or any part thereof, or change the content of the Platform, with or without notice, or may prevent your use of this Platform with or without notice to you. You agree that you do not have any rights in this Platform and that Company will have no liability to you if this Platform is discontinued or your ability to access the Platform or any content you may have posted on the Platform is terminated. You further agree that Company will not be liable for any modification or suspension of the Platform. With respect to Virtual Goods and Virtual Currency (as hereafter defined), upon termination, your limited license to those Virtual Goods and Virtual Currency will be terminated and you will have no further rights associated with the Virtual Goods and Virtual Currency.

 

GENERALLY, GAMES OR OTHER ACCOUNTS CREATED WITH COMPANY WILL BE CONSIDERED ACTIVE UNTIL COMPANY RECEIVES A USER REQUEST TO DEACTIVATE OR DELETE THEM; HOWEVER, COMPANY RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.

 

Company Content

Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“or “Content”) is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content may not be used without the express written consent of Company.

 

You do not acquire any ownership rights by using the Platform. All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Company in connection with use of the Platform shall be the property of Company. You agree that unless otherwise prohibited by law, Company may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you, and that Company will not be required to treat any Ideas as confidential. Posting of Ideas to or through the Platform, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of Ideas or is it to be implied by our review or subsequent use of your Ideas. The Company shall not be liable for any disclosure of any Ideas, including opinion(s) or suggestion(s) you post to or through the Platform. You acknowledge that you are responsible for whatever material you submit, and you, not Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

 

You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors’ intellectual property rights. You further agree to in no other way misuse any Content or third party content that appears on this Platform.

 

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please provide the following information either to mailto:tos@sginteractive.zendesk.com or the address listed below:

 

(a) A physical signature of the person authorized to act on behalf of the owner of the copyright;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Services;

(d) Your address, telephone number and email address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Bally Gaming, Inc.

Attn: General Counsel

6650 South El Camino Road

Las Vegas, Nevada 89052

 

Use of the Platform

Subject to these Terms, Company grants you a non-exclusive, non-transferable, revocable limited license to use and display the Platform and related software (excluding source and object code) for your personal (or household) non-commercial use.

 

As a condition of your use of and access to the Platform, you agree to comply with the following requirements, which are provided as an example rather than as a limitation, and any application or game specific rules published within the Platform: (a) you will not use any electronic communication feature of the Platform for any purpose that is unlawful, tortious, abusive, intrusive on another’s privacy, harassing, libelous, defamatory, ridiculing, mocking, disparaging, intimidating, embarrassing, obscene, offensive, threatening, or hateful, promoting violence or describing how to perform a violent act; or promoting or constituting illegal activity; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not use the Platform to violate the contractual, personal, intellectual property or other rights of any party; (d) you will not collect or store personal data about other users; (e) you will not use the Platform for any commercial purpose not expressly approved by Company in writing; (f) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (g) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; (h) you will not be in violation of these Terms or the game rules of conduct; (i) you will not reverse engineer, decompile, reverse assemble, modify, or attempt to discover any software (source code or object code) that the Platform creates to generate web pages or any software or other products or processes accessible through the service; (j) you will not upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”); (k) except as may be the result of standard search engine or Internet browser usage, you will not use or launch, develop or distribute any automated system, including, without limitation, any spider, robot (or “bot”), cheat utility, scraper, or offline reader that accesses the Platform, or use or launch any unauthorized script or other software; (l) you will not sell the Platform or any part thereof including but not limited to Virtual Goods or Virtual Currency, user accounts and access to any third party in exchange for real currency or items of monetary value; or (m) you will not engage in cheating or any other activity deemed by Company to be in conflict with the spirit or intend of the Platform.

 

Company does not control or endorse the content, messages, or information found in any user-content portions of the Platform or external sites that may be linked to or from the games or their forums, and, therefore, Company disclaims any responsibility with regard thereto. Company reserves the right to disable any account that has been involved in any activity that is in violation of any of the provisions of these Terms or of any individual deemed to be acting or using the Platform in a manner that is harassing or otherwise disruptive of the Platform. Company also reserves the right, but has no obligation, to monitor disputes between you and other Platform users.

 

You agree that Company and Company’s third-party vendors may collect and use technical and usage data and related information, including but not limited to technical information about your device, geolocation, date and time of Platform access, system and application software, and peripherals, that is gathered periodically to, among other things, facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform.  You grant Company the permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Company believes you may be interested, including working with third parties who provide targeted advertising content. You expressly consent to receive push notifications from and on behalf of Company.

 

Accounts, Passwords, and Security

Certain areas of the certain Platforms may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform or any features at all. You may not have a user ID that is indecent or distasteful or that Company otherwise deems unacceptable in Company’s discretion.

 

If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing Company with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter your name and valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account, including mobile payments, all transactions and other activities undertaken with your device, whether authorized or unauthorized.  You agree to notify Company immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information which provides you access to the Platform.  Company is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. Company shall not be responsible for any losses arising out of the loss or theft of user information transmitted from or stored on a device or from unauthorized or fraudulent transactions associated with the Platform.

 

Transactions and Product Availability

Through the Platform, you may be able to order and/or pay for Company or third-party products or services.  To be able to order and pay for such products or services, you must supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, and/or your Company gift card numbers. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Company and/or the any required third parties the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction.

 

Through the Platform, you may be provided an opportunity to purchase a limited license to Virtual Goods and Virtual Currency (as defined below), using real-world money.  Virtual Goods include, but are not limited to, in-game virtual trophies, virtual badges, and other virtual items (“Virtual Goods”).  A Virtual Good is a set of rights to digital items, as licensed by Company. Virtual Currency includes, but is not limited to, coins or points, that may be licensed from Company using real-world money if you are a legal adult in your location of residence (“Virtual Currency”). Virtual Goods and Virtual Currency can never be redeemed for real money, goods, or any other item of monetary value from Company or any other party. It is strictly prohibited to purchase from, or sell any kind of virtual currency to any person. Transfers of Virtual Goods and/or Virtual Currency are strictly prohibited, except in Company’s sole discretion. It is strictly prohibited to purchase from, sell to, or exchange with any person any kind of virtual currency, including but not limited to Virtual Goods and/or Virtual Currency, for “real world” money or other item of monetary or non-monetary value. Any attempt to do is in violation of these Terms and may result in termination of your account and/or legal action. You understand that you have no right or title in Virtual Goods and/or Virtual Currency or any other attributes associated with use of the Platform or stored within the Platform, other than the extent of your limited license.  Virtual Currency in your account that was purchased with real money may be redeemed before Virtual Currency in your account that was earned through experiential play or otherwise not purchased, no matter when the Virtual Current was acquired.

 

Except as required by applicable law, your purchase of the limited license for Virtual Goods and/or Virtual Currency is final and is not refundable, exchangeable, or transferable, except in Company’s sole discretion. Virtual Currency are virtual tokens that we license and each virtual token represents contractual permission from Company to access certain features of the Platform.  You acknowledge that Virtual Goods and Virtual Currency are not real currency or any type of financial instrument and are not redeemable for any sum of money from Company at any time. You agree that Company has the right to manage, control, and/or modify the license rights underlying such Virtual Goods and Virtual Currency in its sole discretion and that Company will have no liability to you based on its exercise of this right. Company makes no guarantee as to the nature, quality, value of the features of the Platform that will be accessible through the use of Virtual Goods and Virtual Currency, or the availability or supply of Virtual Goods and Virtual Currency. The availability of Virtual Goods and/or Virtual Currency in one Platform does not necessarily mean that those Virtual Goods and/or Virtual Currency are available in another Platform.

 

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Company may revise the pricing (including the conversion ratio of the Virtual Goods and/or Virtual Currency for the goods and services it licenses to you through the Platform at any time. You hereby agree and acknowledge that you will receive the Virtual Goods and/or Virtual Currency purchased by you in accordance with the conversion ratio and pricing method applicable to such currency at the date of the actual receipt by you of such currency in your account (which may occur on the date of payment by you or several days thereafter). In addition, you hereby agree that Company may revise the Virtual Goods and/or Virtual Currency including without limitation the kind thereof and/or the conversion ratio of the Virtual Goods and/or Virtual Currency previously purchased or allocated by and/or to existing users, provided that such charges apply in the same manner for all existing users, without a different application to different users, even though the result of such equal application may be different with respect to different users due to the quantity and kind of Virtual Goods and/or Virtual Currency held by them and/or even though such a charge will change the economic value of the existing users. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

 

Rules for Sweepstakes, Contests, Instant Win Games and Similar Promotions.

Any sweepstakes, contests, raffles, surveys, games or similar promotions made available through the Platform may be governed by specific rules that are separate from and in addition to these Terms. By participating in any such sweepstakes, contest, raffle, survey, game, or similar promotion, you will become subject to those rules, which may vary from the Terms as set forth herein, and which are incorporated into these Terms. The Company urges you to read the applicable rules, which may be linked from the particular activity, and to review Company’s Privacy Policy, which, in addition to these Terms, governs any information you submit in connection with such activities.


Entertainment Purposes Only

The Platform and the services provided on the Platform are for entertainment purposes only and may not be used in connection with any form of gambling or wagering.

 

Indemnification

You agree to indemnify and hold Company, its parents, subsidiaries, officers, employees, agents, and website contractors and each of their officers, employees and agents harmless from any claims, losses, damages, liabilities, and expenses, including legal fees and costs, related to your use or misuse of the Platform, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Platform (including, without limitation, Ideas), your infringement or violation of any rights of another, termination of your access to the platform, any violation of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your account or of the Platform.

 

Loyalty Program(s)

By using certain Platforms, you agree to be a member of the Rewards Club Loyalty Program or other loyalty programs from time to time. You acknowledge that any such program and your membership may be subject to additional terms and conditions.

 

Representations and Limitations of Liability

Company makes no representations about the accuracy of information on the Platform or reliability of the features of this Platform, the Content, or any other Platform feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any Content will be preserved. Company does not endorse, verify, evaluate or guarantee any information or the accuracy of any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

 

YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THIS PLATFORM (INCLUDING, WITHOUT LIMITATION, ALL INFORMATION CONTAINED HEREON AND ALL VIRTUAL GOODS, VIRTUAL CURRENCY, AND SERVICES) IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS PLATFORM, VIRTUAL GOODS, VIRTUAL CURRENCY, OR ANY INFORMATION OR SOFTWARE THEREIN. WITHOUT DEROGATING FROM THE FOREGOING, NEITHER COMPANY NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (“COMPANY PARTIES”) WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ACTIONS FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR BREACH OF WARRANTY, OR OTHERWISE,  SHALL COMPANY PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, BUSINESS, GOODWILL OR DATA, COST OF PROCURING SUBSTITUTE GOODS, SERVICES OR INFORMATION, LITIGATION OR THE LIKE) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS PLATFORM, OR LOSS OF VIRTUAL GOODS OR VIRTUAL CURRENCY, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS PLATFORM’S RECORDS, PROGRAMS, OR SERVICES, EVEN IF AN YOU ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY PARTIES OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE PLATFORM, VIRTUAL GOODS, OR VIRTUAL CURRENCY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION(S) OR EXCLUSION(S) MAY NOT APPLY TO YOU.

 

App Platform Users

The use of the app Platform requires use of a mobile device and wireless mobile data service, which must be obtained from your wireless carrier, and may require Internet access, which must be obtained from your service provider; you are responsible for obtaining and paying for such additional services and obtaining a suitable device, including without limitation all usage charges related thereto. You are required to send and receive, at your cost, electronic communications related to the Platform, including without limitation, administrative messages, service announcements, diagnostic data reports, and Platform updates, from Company, your mobile carrier or third party service providers. If you do not have an unlimited wireless mobile data plan, you may incur additional charges from your wireless service provider in connection with your use of the Platform. You are solely responsible for obtaining any additional subscription or connectivity services or equipment necessary to access the Platform, including but not limited to payment of all third party fees associated therewith, including fees for information sent to or through the Platform.

 

Company may, at its discretion, automatically download Platform updates to your device from time to time. You agree to accept these Platform updates, and to pay for any costs associated with receiving them. The Platform may not work with all devices or all mobile carriers. Company makes no representations that the Platform will be compatible with or provided by all mobile carriers. In the event that fees are charged for the Platform, or other third party service providers charge a fee for the products or services they provide, you agree to pay such fee to the respective party in exchange for your continued use of such products or services. Some services may be subject to different or additional terms (including fees), which you will be required to agree to prior to your use of such services.

 

The Platform is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the Platform. These laws include restrictions on destinations, end users and end use. You may not use or otherwise export,  re-export, divert, transfer, or disclose any portion of the Platform or any related technical information or materials, directly or indirectly, except as authorized by United States law and the laws of the jurisdiction in which the Platform was obtained.  In particular, but without limitation, the Platform may not be exported, re-exported, diverted, transferred, or disclosed (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.  You 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 “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce. You also agree that you will not use the Platform for any purposes prohibited by United States law.

Each of the United Nations Convention on Contracts for the International Sale of Goods and the United Nations Convention on the Limitation Period in the International Sale of Goods is hereby expressly excluded and will not apply to this Agreement.

 

Users of the Apple Platform

If you download and use our iPhone or iPad App: You, the end-user of this Platform, acknowledge that this agreement is entered into by and between Company and you and not with Apple, Inc., and Apple, Inc. is not responsible for the Platform and/or its content. Notwithstanding the foregoing, you acknowledge that Apple, Inc. and its subsidiaries are third-party beneficiaries of this agreement and that Apple, Inc. has the right (and is deemed to have accepted the right) to enforce this agreement. You acknowledge that Apple, Inc. has no obligation whatsoever to maintain or support the Platform. You acknowledge that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS). This agreement incorporates by reference the Licensed Application End User License Agreement (the “LAEULA”) published by Apple, Inc. (located online at http://www.apple.com/legal/itunes/appstore/dev/stdeula/). For purposes of these Terms, the Platform is considered the “Licensed Application” as defined in the LAEULA and Company is considered the “Application Provider” as defined in the LAEULA. If any terms of these Terms conflict with the terms of the LAEULA, these Terms shall control. You further acknowledge and agree that in no event will Apple, Inc. be responsible for any claims relating to the Platform (including, without limitation, a third party claim that the Platform infringes that third party’s intellectual property rights) or your use or possession of the Platform, including but not limited to: (i) product liability claims; (ii) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

 

Third Party Websites

This Platform may hyperlink to sites and platforms not maintained by or related to Company. If you use these links, you will leave the Platform. You use these links at your own risk.  Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Platform or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third party sites, and disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website or application. Your dealings with third parties through links to such third party websites or applications are solely between you and such third parties. Information you submit at a third party site accessible from this Platform is subject to the terms of that site’s privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

 

Location Based Services

This Platform may use location-based services to locate you. If you choose to use the location-based services portion of this Platform, you consent to Company and/or its third party provider accessing your approximate or exact location. You also grant Company permission to use this information to improve its products or to provide services or technologies to you, as well as to provide advertising content in which Company believes you may be interested, including working with third parties who provide targeted advertising content. For more information, please see the Company Tracking Tools disclosure.

 

Miscellaneous

If any material on this Platform, or your use of this Platform, is contrary to the laws of the place where you are when you access it, this site is not intended for you, and Company asks you not to use this Platform.

 

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other. These Terms will be governed by and construed in accordance with the internal laws of Nevada without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the courts located in Clark County, Nevada. These Terms operate to the fullest extent permissible by law.

 

Company respects the privacy of visitors to our Platform. Information collected from you is subject to the pertinent social network’s policy. On certain areas of our Platform, you may be given the ability to provide us with personally identifiable information.  Please read our Privacy Policy for more information about our information collection and use practices. You acknowledge and agree that this Privacy Policy, including but not limited to the manner in which Company collects, uses, and discloses your personally identifiable information, applies to information you submit on this Platform., is incorporated and made a part of these Terms, and that you hereby agree to the terms of that Policy. If you do not agree to each and every part of Company’s Privacy Policy, then you should not play the game or submit any personally identifiable information through this game. Questions regarding privacy issues should be directed to privacypolicy@sginteractive.zendesk.com. You further acknowledge and agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to the limitations on liability and dispute resolution provisions contained in these Terms.

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PLATFORM or tHESE TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred. You further agree that any disputes, claims, and causes of action arising out of or connected with the PLATFORM and/or THESE TERMS, will be resolved individually, without resort to any form of class action. YOU FURTHER agree to irrevocably waive ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS PLATFORM AND/OR THESE TERMS.

 

If Company fails to act with respect to your breach or anyone else’s breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

 

These Terms constitute a binding agreement between you and Company, and is accepted by you upon your use of the Platform. These Terms constitute the entire agreement between you and Company regarding the use of the Platform. By using the Platform you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

 

You acknowledge and agree that your acceptance of these Terms and your use of the Platform constitutes your “electronic signature” indicating your desire to use the Platform.  Your “electronic signature” indicates your acceptance of this Agreement, and your consent to receive communications about this Agreement electronically.  If you wish to receive communications in another manner, you may contact us atoptout@sginteractive.zendesk.com to change your communication preferences.

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