Welcome and thank you for visiting our free-to-play social casino website WinlyCoins "social casino" (the "Company," "we," "us," or "our").
WinlyCoins Social Gaming Platform ("WinlyCoins") is a play-for-fun website intended for amusement purposes only. The platform does not offer real money gambling. No actual money is required to play. WinlyCoins does not provide an opportunity to win real money based on gameplay. You should not use the Platform, or any services provided through it, for purposes of self-employment, business, or trade.
Certain products, services, and digital content may from time to time be remade available to you for purchase through WinlyCoins. We may revise these Terms at any time, and the date of the latest revision is shown at the beginning of this document.
By checking the acceptance box during registration or by accessing the Platform, you confirm that you are of legal age, have read, and agree to be bound by these Terms. If you do not agree with any part of these Terms, do not use the Platform or participate in any Games. We may revise these Terms at any time, and the date of the latest revision is shown at the beginning of this document.
You agree to be bound by:
(i) these Terms and Conditions;
(ii) the Privacy Policy or California Privacy Policy, if applicable;
(iii) the Sweepstakes Rules;
(iv) the Responsible Gaming Policy;
(v) the Restricted States Policy; and
(vi) the Cookie Policy.
(collectively referred the "Terms")
All rights not expressly granted by the Terms are reserved by the Company.
1.1 "Content" includes text, graphics, trademarks, logos, photographs, and other materials available on the Platform. This also includes Gold Coins and Sweepstakes Coins.
1.2 "Customer Account(s)" is an account held by a Registered Customer who has verified their email address.
1.3 "Dispute(s)" covers any and all past, present, and future disputes, claims, or causes of action arising from or related to these Terms, the Platform, or any other disagreement between you and WinlyCoins or other third parties.
1.4 "Excluded Territory" includes the states in accordance to Restricted States Policy, and any jurisdiction outside the United States.
1.5 "Game(s)" refers to any games available on the Platform.
1.6 "Minor(s)" refers to anyone under the relevant age of majority; in the U.S., generally anyone under eighteen (18) years old.
1.7 WinlyCoins or "social casino" ("we", "us", "our", "Company", or "WinlyCoins") - refers to ALPHAX SOLUTIONS LIMITED, Franklin Roosevelt, 170 Limassol Chamber, Floor 2, Omonoia, 3048, Limassol, Cyprus.
1.8 "Acquisition Method" includes any card, online wallet, financial/bank account, or other methods used to acquire Coins.
1.9 "Platform" means the social casino, sweepstakes, and related services provided through any URL belonging to or licensed to WinlyCoins.
1.10 "Registered Customer" is a Player with a successfully registered Customer Account, active or not.
1.11 "Third Party Website" is a website not controlled by Company.
2.1 We may occasionally update these Terms, along with our Privacy Policy, Sweepstake rules, California Privacy Policy, Responsible Gaming Policy, Restricted States Policy, Cookie Policy and other policies (collectively, the "Incorporated Policies"). Any modifications will be reflected on the Site, significant changes will be communicated via email or/and posted as a notice on the Platform. By continuing to use our Platform, you agree to be bound by any changes, regardless of whether you have reviewed the notification and upon your continued interaction with the Platform. It is your responsibility to review the Terms and Incorporated Policies on the Site before accessing the Site or using the Platform.
2.2 If you have any questions about these Terms or the Incorporated Policies, please contact customer support. In case of any conflict between the Terms and the Incorporated Policies, the Terms will prevail.
2.3 To the fullest extent permitted by law, the Company shall not be liable for any loss, damage, or liability incurred by you arising out of, or in connection with, any addition, modification, suspension, or removal of the Platform, its content, the Games, or any part thereof. For the avoidance of doubt, you shall have no claim against the Company in respect of any such addition, modification, suspension, or removal. The Platform is also not liable for the performance of third-party services or their impact on gameplay or the customer's account.
Your continued use of the Platform depends on your adherence to these Terms, specifically:
3.1 You are a natural person of at least 18 years old or meet the legal age of majority by laws and/or regulations in the jurisdiction of your location, whichever is higher, and are legally permitted to participate in the Games and access the Platform under applicable legal environment;
3.2 You understand that we cannot provide legal advice or assurances, and it is solely your responsibility to ensure compliance with all relevant laws and that you have the legal right to use the Platform;
3.3 You will monitor your Customer Account to prevent access by anyone under 18. You accept full responsibility for any unauthorized use of the Platform by minors, including any use of your acquisition methods by minors;
3.4 You do not reside in, and will not access the Games or Platform from any jurisdiction outside the United States or within the states of United States of America as prohibited by the Restricted Territories Policy;
3.5 You participate in the Games solely in your personal capacity for recreational and entertainment purposes;
3.6 All information you provide to us during the term of these Terms is true, complete, and accurate, and you will immediately notify us of any change to such information;
3.7 You must not engage in any fraudulent, unlawful, or otherwise improper activity in connection with the Games. The use of software-assisted methods or automated tools (including, without limitation, "bots" or scripts designed to play automatically) is strictly prohibited. The Company reserves the right to disqualify, invalidate, or otherwise void any participation that breaches this provision and to take any further action it deems necessary.
3.8 When purchasing Gold Coins, you will only use a valid payment mechanism that legally belongs to you.
3.9 Employees and contractors of the Company, any of its respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to participate.
3.10 By accessing and using the Platform, you represent and warrant that you are legally capable of entering into binding contracts; that you participate in the Games on your own behalf and not on behalf of any other person; that you are not listed as a politically exposed person (PEP) or on any applicable sanctions or restricted party list; that you are not included on any U.S. Government list of prohibited or restricted parties; and that you are not located in, or a resident of, any country subject to a U.S. Government embargo or designated by the U.S. Government as a state sponsor of terrorism. You further represent and warrant that you are capable of complying with, and shall at all times fully adhere to, the Terms.
3.11 You represent, warrant, and agree that the funds used to purchase Gold Coins are lawful, are not derived from any illegal or improper source, and are free of any taint of illegality; that you will only purchase Gold Coins using a payment method, wallet, or account that is valid, lawfully belongs to you, and is held in your own name and not in the name of any business or corporate entity; that you will not engage in or facilitate any fraudulent, collusive, manipulative, or otherwise unlawful activity in connection with your participation, or the participation of any third party, in the Games; and you will not sell, trade, transfer, or attempt to sell, trade, or transfer any Gold Coins or Sweepstakes Coins for value, except that Sweepstakes Coins may be redeemed solely through the Company in accordance with these Terms.
3.12 If we detect any suspicious or irregular activity, including but not limited to fraudulent conduct, attempts to circumvent established rules through code manipulation, or the use of any unauthorized methods, we may, at our sole discretion, suspend or terminate your Customer Account immediately and without prior notice. Such measures are necessary to protect the integrity of the Platform and to ensure a fair and secure experience for all users.
3.13 You must keep your login credentials strictly confidential and must not disclose them to any third party or allow any other person to access or use your Customer Account. Any breach of this obligation may result in the suspension or permanent blocking of your account, at the Company's sole discretion.
3.14 You acknowledge and agree that the use of virtual private networks (VPNs), proxy servers, or any other technology designed to obscure or falsify your geographic location in order to circumvent the Platform's access restrictions is strictly prohibited. Any attempt to do so constitutes a material breach of these Terms and may result in the immediate suspension or termination of your Customer Account.
3.15 You acknowledge and agree that you are solely responsible for the payment of all federal, state, and local taxes, duties, and other governmental assessments imposed on you in connection with your participation in the Platform, including, without limitation, any taxes arising from your receipt of winnings, prizes, or rewards from sweepstakes, promotional games, or other activities, as well as from any purchases of property or services. You are further responsible for the preparation and filing of all required tax returns and reports with the United States applicable taxing authorities. Where required by law, the Company will issue the appropriate tax reporting forms (including, without limitation, IRS Form 1099 or any successor form) to winners whose winnings meet or exceed applicable reporting thresholds. The Company assumes no responsibility for withholding, calculating, or remitting taxes on your behalf.
3.16 Any violation of your warranties and representations shall constitute a material breach of these Terms and may result, at the Company's sole discretion, in the immediate suspension or termination of your Customer Account, forfeiture of any Gold Coins, Sweepstakes Coins, or prizes obtained, and referral to the appropriate legal or regulatory authorities.
4.1.1 Only one Customer Account is permitted per person, including an inactive account. If you attempt to open more than one account, all such accounts may be terminated or suspended, and any prizes or Gold Coin or Sweepstake Coin balances may be voided. Similarly, if you register multiple Customer Accounts, we may suspend or terminate them.
4.1.2 If you lose access to your Customer Account, do not register a new one. Instead, restore access via email or contact customer support via the support@winlycoins.com to update your account details and access.
4.1.3 You must keep your personal details up to date. Notify customer support if you change your address, email, phone number, or any other personal information. The name provided at registration must match any identification used for account verification.
4.1.4 The Company reserves the right to close any Customer Account that has been inactive for a continuous period of six (6) months, without prior notice. The Company may, at its sole discretion, provide notice of such closure, but shall not be obligated to do so. Upon closure of an inactive account, any unclaimed prizes, balances shall be deemed forfeited and shall remain the property of the Company.
4.1.5 You may close your Customer Account at any time by contacting customer support. Closing your account forfeits all associated Gold Coins, Sweepstakes Coins, and unredeemed Prizes.
4.1.6 We may suspend or delete your account at any time for any reason.
4.1.7 The Company shall have no obligation to preserve, maintain, or provide access to any information, records, or data associated with a Customer Account that has been terminated.
4.1.8 The Company may, at its sole discretion, limit Customer Account registrations to one (1) account per individual, household, or IP address. Any attempt to create or operate multiple accounts may result in the restriction or termination of all related accounts, with forfeiture of any balances, payouts, or prizes associated therewith.
4.1.9 To open a Customer Account, you must complete the registration and verification process by providing accurate, current, and complete personal details, including identification documents, as requested. You warrant that all information provided is truthful and not misleading.
4.1.10 The Company may, at its sole discretion, request additional information or documentation at any time in order to protect the security of Customer Accounts, verify identity, or comply with applicable legal obligations, including but not limited to anti-money laundering (AML) and counter-terrorism financing (CFT) regulations. Failure to provide such information within the timeframe specified may result in suspension or termination of your Customer Account.
4.2.1 You must provide accurate, complete, and up-to-date information when registering and maintaining your Customer Account. Failure to do so may result in the suspension or termination of your account and may subject you to legal consequences.
4.2.2 You must not share your Customer Account credentials, including your password, with any third party or permit any other person to use your account without the Company's prior written consent. You are solely responsible for all activities conducted under your account, whether authorized by you or not, and accept full liability for any resulting losses or damages.
4.2.3 You are responsible for maintaining the confidentiality and security of your Customer Account credentials at all times. If you suspect that your account has been compromised, including the loss, theft, or unauthorized use of your password or account details, you must immediately change your password and notify the Company's Customer Support.
4.2.4 In the event that you lose access to your account or detect any suspicious or unauthorized activity, you agree to take immediate steps to secure your account, including updating your password, and to promptly report the matter to the customer support.
5.1.1 You may purchase Gold Coins through the Platform. Gold Coins are virtual items that have no cash value, cannot be redeemed for legal tender, and may only be used for social and entertainment purposes within the Platform.
5.1.2 Free bonus Sweepstakes Coins may be provided with Gold Coin purchases or other qualifying activities. Sweepstakes Coins cannot be purchased.
5.1.3 Unused Gold Coins and Sweepstakes Coins are not eligible for redemption, reimbursement, or cash equivalent, and may expire or be forfeited in accordance with these Terms.
5.1.4 The Company reserves the right, at its sole discretion, to modify, suspend, or discontinue any features of the Platform, including the structure of fees or pricing, at any time and at its own discretion.
5.1.5 Charges made to your payment method for Gold Coin purchases may appear on your banking or credit card statement under the Company's name, one of its brand names, or the name of a third-party billing or payment agent engaged by the Company.
5.1.6 You are solely responsible for all fees, penalties, or charges associated with your Customer Account, including those imposed by your bank, credit card provider, or payment service provider.
5.1.7 The Company reserves the right to limit withdrawals from a user's account to no more than one (1) transaction within any twenty-four (24) hour period. This limitation may be applied at the Company's sole discretion for security, compliance, or operational reasons.
5.1.8 The Parties acknowledge and agree that certain payment-related terms and conditions may be further specified, supplemented, or regulated in other Incorporated Policies issued by the Company. Such Incorporated Policies shall form an integral part of this Agreement and shall have the same binding legal effect as if fully set forth herein.
5.2.1 You are solely responsible for the payment of all federal, state, and local taxes arising from your participation on the Platform, including but not limited to taxes on winnings, prizes, or other earnings. Where required by law, you must provide a valid Social Security Number (SSN) or Taxpayer Identification Number (TIN) in order for the Company to issue an IRS Form 1099 or any successor form. Failure to provide the required information may result in the suspension or termination of your Customer Account and the denial or cancellation of any redemption requests.
5.2.2 The Company may engage third-party payment processors to facilitate deposits, withdrawals, or prize redemptions. Such third parties may apply their own terms and conditions, and you agree to comply with them. The Company disclaims all liability for any losses, fees, or disputes arising out of your failure to comply with the terms of such third-party providers.
5.2.3 You are fully responsible for all fees, penalties, and costs associated with your Customer Account, including but not limited to credit card chargebacks, dishonored payments, and any related bank or processing fees.
5.2.4 The Company reserves the right to reverse and cancel any prizes, winnings, or redemptions associated with purchases that are subject to a chargeback. In addition, the Company may debit your Customer Account to correct balances, offset any amounts owed, or recover funds improperly credited. Where necessary, the Company may pursue reimbursement from you directly, including by initiating collection procedures or legal action, and you shall remain liable for all related costs, fees, and expenses.
5.3.1 We may conduct verification checks (including credit checks) as required by law or regulatory authorities. You agree to comply with these checks promptly.
5.3.2 We may restrict payment until verification is completed to our satisfaction.
5.3.3 Required documents may include government-issued identification (selfie-photo, national passport, international passport, national ID card, or driver's license). To confirm your place of residence, proof of address such as utility bills corresponding to your registered address will be requested. In some cases, proof of funds (bank statement or payslip) may also be requested.
5.3.4 If verification cannot be completed because you fail to provide the requested documents, we may deactivate or restrict your Customer Account at our discretion.
5.3.5 In addition to the possibility of manual verification and data checks, we use the third-party verification service Facephi, and reserve the right to use additional third-party services for verification, analysis, and monitoring in the future. To use the Platform or access Your Customer Account, you must enable "Location Services" on your device.
6.1 The Platform may include virtual, in-game tokens, including but not limited to Gold Coins and Sweepstakes Coins (collectively, "Virtual Coins"), as well as other forms of credits, points, or similar features. Virtual Coins may be provided free of charge or, where legally permissible, made available for purchase with real-world currency.
6.2 Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Platform and the Virtual Coins solely for your personal entertainment and non-commercial purposes. You acknowledge and agree that:
(i) other than the limited license expressly granted herein, you have no ownership interest, proprietary right, title, or claim in or to any Virtual Coins, regardless of whether they are obtained free of charge or through purchase.
(ii) Virtual Coins have no monetary or cash value, cannot be redeemed for legal tender (except where Sweepstakes Coins are redeemable as expressly provided in these Terms), and cannot be transferred, sold, traded, gifted, sublicensed, or otherwise disposed of for value.
(iii) Your license to use the Platform and the Virtual Coins is conditional and may be suspended or terminated immediately if you breach these Terms.
(iv) The Company retains the absolute right, in its sole discretion and to the extent permitted by law, to manage, regulate, control, modify, suspend, or eliminate Virtual Coins, including their availability, functionality, or features, without notice or liability to you.
6.3 You acknowledge and agree that all purchases of Virtual Coins are final. We shall have no obligation to provide refunds under any circumstances. In the event that the Platform becomes unavailable, all Virtual Coins shall be deemed forfeited. To the fullest extent permitted by law, if your account, or any subscription associated with your account, is terminated or suspended, or if any Virtual Coins are removed or revoked from your account at our discretion, you shall not be entitled to any refund, reimbursement, or other compensation.
6.4 You acknowledge and agree that we retain all right, title, and interest in and to the Platform, including all intellectual property rights, whether registered or unregistered, such as copyrights, trademarks, patents, trade secrets, and any other proprietary rights. Ownership of the Platform and all associated intellectual property remains with us or our licensors, even after installation on or use from your device. You agree not to copy, reproduce, modify, distribute, sublicense, rent, lease, reverse engineer, decompile, or create derivative works of the Platform, except as expressly permitted under these Terms.
6.5 Except as expressly permitted under these Terms, you agree that you shall not, and shall not permit any third party to:
(i) Sell, rent, lease, sublicense, assign, transfer, distribute, encumber, or otherwise exploit the Platform, content, Games or any associated software or Intellectual Property;
(ii) Copy, reproduce, modify, create derivative works, translate, adapt, or otherwise alter the Platform, content, Games or any software or Intellectual Property, including removing or obscuring any copyright, trademark, or other proprietary notices;
(iii) Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Platform, content, Games or any associated software, except to the extent expressly permitted by applicable law;
(iv) Make the Platform, content, Games or any software available to multiple users or third parties via a network, file-sharing, hosting service, or any other method that allows simultaneous access by multiple devices;
(v) Misrepresent the ownership or source of the Platform, content, Games or any Intellectual Property;
(vi) Scrape, harvest, build databases, or create permanent copies of content derived from the Platform, content, Games;
(vii) Use the Platform, content, Games in any manner that violates applicable laws or regulations, or to harass, abuse, stalk, threaten, defame, or otherwise infringe the rights of any other party;
(viii) Exploit the Platform, content, Games or any software in any unauthorized manner, including overburdening network capacity or otherwise interfering with the operation of the Platform.
6.6 All rights not expressly granted herein are reserved by the Company.
7.1 As part of our services, we may provide a chat feature to communicate with our end-user support team. We reserve the right, at our sole discretion, to suspend or terminate your access to the chat feature or your User Account if we determine that you have used the chat feature in an abusive, offensive, defamatory, harassing, insulting, fraudulent, or unlawful manner, or otherwise in breach of any applicable law or regulation.
7.2 In the event of any discrepancy between the result displayed on your device and the result recorded on our server software, the result stored on our server software may be deemed the official and governing result at our sole discretion.
7.3 If you wish to submit a complaint or claim, you must contact customer support and provide:
(i) a detailed explanation of your complaint or claim;
(ii) your username and full name associated with your Customer Account;
(iii) the email address associated with your Customer Account at the time of submission; and
(iv) all relevant supporting materials, including dates, times, and screenshots.
You further agree to provide any additional information or materials we may reasonably request to investigate or resolve your complaint or claim.
7.4 Failure to provide any of the information or supporting materials in a timely manner may result in delays in our review and response to your complaint or claim.
7.5 Customer support will review your complaint or claim and will use reasonable efforts to provide a decision.
7.6 All decisions made by Customer Support in respect of complaints or claims shall be final and binding.
8.1 All promotions, contests, special offers, and bonuses on the WinlyCoins are governed by these rules and any additional terms announced at the time of the specific promotions, contests, special offers, and bonuses. By participating, you agree to comply with all such rules and terms.
8.2 WinlyCoins reserves the exclusive right to modify, suspend, or cancel any Promotion at any time, for any reason, without prior notice.
8.3 We may, at our sole discretion, disqualify any participant if it believes the participant is attempting to enter using multiple accounts, engaging in fraudulent or illegal activity, or otherwise violating applicable laws or Incorporated Policies. Decisions regarding eligibility are final.
8.4 By participating in promotions, contests, special offers, and bonuses that involves submitting content, you grant WinlyCoins an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, and display your submissions for promotional purposes, without further notice or compensation to you.
9.1 You are solely responsible for ensuring that any content you provide on or to the Platform ("Customer Content") complies with all applicable laws. You agree not to submit content that is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually explicit, threatening, harassing, racially or ethnically offensive, illegal, or that infringes or violates the rights of any third party.
9.2 You must provide accurate, truthful, and complete information to the Platform and its users. If any information you provide becomes inaccurate, misleading, or false, you must notify us immediately.
9.3 We may, at our sole discretion, remove any Customer Content without prior notice, but we are under no obligation to do so. We do not monitor user conduct or Customer Content, and we disclaim any responsibility for any harm resulting from your or other users' content. Your use of the Platform is at your own risk.
9.4 You further grant us the unconditional right to use and exploit your name, likeness, and any information included in your Customer Content or Customer Account, without further compensation. You waive any moral rights or rights of attribution in your Customer Content, except as prohibited by law.
9.5 All Customer Content, whether publicly posted or privately transmitted, is submitted at your own risk. We disclaim any responsibility for backing up or retaining any Customer Content.
9.6 Customer Content that is prohibited includes, but is not limited to:
(i) Content promoting racism, bigotry, hatred, or physical harm against any group or individual;
(ii) Harassing or threatening content;
(iii)Sexually explicit or offensive content;
(iv) Content promoting terrorism or religious hatred;
(v) Content promoting illegal activities or abusive, obscene, or defamatory conduct;
(vi) Unauthorized commercial content; or
(vii) Content promoting services of another business or competitor.
9.7 If you encounter any content on the Platform that you believe is offensive, hateful, harassing, or otherwise prohibited, you may notify customer support.
10.1 The Platform may include links to third-party websites, applications, services, products, or other offerings (collectively, "External Offerings") that are not owned or controlled by Company. These links are provided for convenience only and do not imply endorsement, sponsorship, or responsibility for any content, products, services, or materials provided by such External Offerings.
10.2 Your use of External Offerings is at your own risk and is governed by the terms and privacy policies of the third party. We assume no responsibility for the content, privacy, security, or functionality of any External Offerings and are not liable for any losses or damages resulting from your interactions with them. Any issues, disputes, or complaints regarding External Offerings must be addressed directly with the third party. We strongly recommend exercising caution and verifying the reliability of any External Offerings before providing personal information or making transactions.
10.3 By accessing a third-party website, services, or content, you accept that we do not exercise any control over such websites, services, or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for privacy policies, or for the collection, use, or disclosure of any information those sites may collect.
10.4 Use of any logos, names, or branding from External Offerings does not imply endorsement, approval, or responsibility on our part.
10.5 We strongly recommend that you exercise vigilance and caution when interacting with any third-party websites or services, carefully verifying their reliability before providing any personal information or conducting transactions.
10.6 We do not guarantee the security of your personal data or your interactions with third-party websites, including protection against viruses, phishing, or other threats, and we strongly advise you to implement appropriate security measures, such as antivirus software and a secure connection.
11.1 The Platform, including the Site, Site Content, Software, and Sweep Prizes, is provided on an "as is" and "as available" basis. Your use of the Platform is at your sole risk.
11.2 To the fullest extent permitted by applicable law, Company expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to:
(i) implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
(ii) any warranty that the Platform will meet your requirements or expectations;
(iii) any warranty that the Platform will operate uninterrupted, timely, secure, or error-free;
(iv) any warranty that the Platform will be free from viruses or other harmful components.
11.3 Technical Disruptions and Errors:
(i) We are not liable for technical disruptions, downtime, errors, or malfunctions.
(ii) Any gameplay or activity affected by technical issues may be voided at our discretion.
(iii) We may temporarily suspend the Platform for maintenance, updates, or other reasons and will restore it as soon as practicable.
(iii) We reserve the right to correct any errors, including altering user balances or other Platform data.
11.4 We make no warranty regarding the accuracy, reliability, completeness, or use of any information, content, or data provided through the Platform.
11.5 We do not guarantee that the results obtained from using the Platform, content or Games will be accurate, complete, or reliable.
11.6 We may suspend the Platform temporarily for any reason and will restore it as soon as practicable.
11.7 If an error or malfunction occurs, any affected gameplay will be voided. We reserve the right to correct any mistakes, including altering player balances.
11.8 Players are required to immediately report any identified errors in the operation of the Platform or Games. Failure to report errors in a timely manner may be considered an attempt to circumvent the rules and may result in suspension or blocking of the Customer Account.
12.1 You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, shareholders, agents, partners, licensors, suppliers, subcontractors, and representatives (collectively, the "Indemnified Parties") from and against any and all claims, demands, liabilities, damages, losses, judgments, settlements, costs, and expenses, including reasonable legal and accounting fees, arising directly or indirectly from:
(i) Your access to or use of the Platform, content, Games, all promotions, contests, special offers, and bonuses;
(ii) Any activity related to your Customer Account;
(iii) Fraudulent, unlawful, or negligent acts by you or any person acting under your authority;
(iv) Your breach of these Terms and Incorporated Policies or any applicable law or regulation;
(v) Your violation or infringement of any third-party rights, including intellectual property rights;
(vi) Your posts, submissions, or communications on the Platform, social media pages, or elsewhere in connection with the Platform;
(vii) Any payment, transaction, or obligation arising from your use of the Platform.
12.2 We shall promptly notify you of any claim or suit for which you may be obligated to indemnify us. You agree to cooperate reasonably (at your expense) in the defense of such claims.
12.3 We reserve the right, at our discretion and at our own expense, to participate in or assume the defense of any claim or suit. Nothing in this clause limits our right to seek any remedy available under law or equity.
13.1 You acknowledge and agree that your use of the Platform, content, Games, all promotions, contests, special offers, and bonuses and any customer-generated content is at your own risk. We are not responsible for the content, actions, or conduct of any user or third party, and you assume all risks associated with such content or conduct.
13.2 To the fullest extent permitted by applicable law, Company disclaims liability for any claims, losses, or damages arising from or related to:
(i) Errors, inaccuracies, omissions, or offensive material in user-generated or third-party content;
(ii) Personal injury, property damage, or other harm resulting from your use of the Platform or Services;
(iii) Unauthorized access to your account, data, or other information;
(iv) Interruptions, delays, or cessation of transmission to or from the Platform;
(v) Bugs, viruses, malware, spyware, or other harmful components transmitted via the Platform;
(vi) Incompatibility between the Platform and your devices, systems, or software;
(vii) Disruptions, errors, or failures caused by third-party services integrated with or used to access the Platform;
(viii) Improper use of the Platform, violation of the Terms, or use of outdated or unsupported devices or software;
(ix) Failure or malfunction of Platform updates or features on any device.
13.3 Our total liability for any claims related to your use of the Platform is limited to the amount you have paid us in the 180 days preceding the claim.
13.4 We are not liable for any damages related to viruses, bugs, or failures of computer systems or networks. Continuous, uninterrupted, or secure access to the Platform is not guaranteed.
13.5 We are not liable for any disruptions, delays, errors, or damages caused by the operation of third-party services or platforms that are integrated with our Platform or used by you to access our services.
13.6 We are not liable for damages resulting from the improper use of the Platform, violation of the terms of use, or the use of outdated devices or software.
13.7 We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, loss of data, or loss of business opportunities, even if we have been advised of the possibility of such damages.
13.8 We do not guarantee uninterrupted, error-free, secure, or virus-free access to the Platform. You are solely responsible for implementing appropriate measures to protect your devices and data.
14.1 These Terms, together with any documents expressly referenced herein, constitute the entire agreement between you and us regarding your use of the Platform. They supersede all prior or contemporaneous communications, proposals, understandings, or agreements, whether written, oral, or electronic, relating to your participation in the Platform. No other statements, promises, or representations, whether made by you or us, shall be considered part of this agreement unless expressly included in these Terms.
14.2 Neither party shall be liable or responsible for any failure or delay in performing their obligations under these Terms if such failure or delay is caused by events beyond their reasonable control, including but not limited to natural disasters, acts of God, strikes, labor disputes, wars, acts of terrorism, governmental actions, epidemics or pandemics, power failures, network or internet outages, or other similar events ("Force Majeure Event"). The affected party shall promptly notify the other party of the Force Majeure Event and make reasonable efforts to resume performance as soon as practicable.
14.4 If any provision or part of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, that provision or part shall be deemed severable and will not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.
14.5 Assignment: These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.
14.6 In the event that Company undergoes a change of control, merger, acquisition, or sale of assets, your Customer Account, along with any associated data, may be transferred to the acquiring or successor entity as part of the transaction. By continuing to use the Platform, you agree to such a transfer and acknowledge that the acquiring entity will assume the rights and obligations related to your account and data.
14.7 Waiver: Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.
15.1 Governing Law: The parties agree that these Terms and the related Platform are governed by and shall be construed in accordance with the laws of the USA without regard to its principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
15.2 Subject to the arbitration provisions, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity of these Terms, will be submitted exclusively to the courts of the USA.
15.3 Notwithstanding the foregoing, any party may bring a motion to compel arbitration or to enforce an arbitral award issued under these Terms before any court of competent jurisdiction.