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Terms of service

Terms of Service

 

Last updated March 2nd, 2022

PLEASE REVIEW THESE TERMS OF SERVICE ("TERMS" OR "AGREEMENT") CAREFULLY AS THEY GOVERN YOUR USE OF OUR SITES AND SERVICES. PLEASE NOTE, They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame. See Section 15 for more information. BY ACCESSING THE SERVICE OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, CONNECT TO, ACCESS OR USE (OR CONTINUE TO USE) THE SERVICE.

THE APPLICATIONS AVAILABLE FOR YOUR USE THROUGH OUR SERVICES ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE APPLICATIONS 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 USING OR PLAYING THESE APPLICATIONS, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. PRACTICE OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING. By using the Sites or Services, you certify that you are at least 18 years of age.

Definitions

 

Account: the account created when registering for any of KamaGames Ltd.’s Services.

 

Affiliates: refers to all KamaGames Ltd. subsidiaries, parent companies, partners, joint ventures, licensees, licensors, and/or any of their agents, consultants, employees, shareholders, officers and directors and any related parties.

Applications: refers to any games used on the Sites or downloaded from or through any of the Services.

Content: refers to any data uploaded or transmitted through the Services by the user.

Sites: refers to the web domains at kamagames.com, pokerist.com, roulettist.com, favoritecasino.com, blackjack.com any other web domain hosted by KamaGames Ltd. or any social media page connected with KamaGames Ltd. Services hosted on Facebook, Twitter, YouTube or Instagram.

Services: refers to the Applications and Sites, and any other products, downloads, games, services, content and websites controlled by KamaGames Ltd. and/or its Affiliates.

Virtual Items: means in-game "currency" and "objects", which may include, but are not limited to, virtual "coins", "cash", "tokens", and "points" .

1. Legal Agreement

 

1.1. The Terms, which include and hereby incorporate the Privacy Policy are binding legal agreement between you, KamaGames Ltd. and its Affiliates, that govern your use of the Sites and its Services. By using these Sites or accessing any of our Services, you agree to accept and be bound by the terms and conditions appearing in this document, and agree to comply with any Rules of Conduct and the Privacy Policy.

 

1.2. KamaGames Ltd. reserves the right, at our discretion, to change, modify, add or remove portions of these Terms and its Privacy Policy at any time by posting the amended Terms on or within the Services. KamaGames Ltd. may provide email notification of material changes to the Terms of Service. You will be deemed to have accepted such changes by continuing to use the Services. Except as otherwise stated, all amended Terms shall automatically be effective 30 days after they are initially posted.

1.3. You hereby represent that you have the legal capacity to enter into this Agreement and you are not barred from receiving Services offered by KamaGames Ltd. under the laws of your jurisdiction. The Services are not intended for use by persons under 18 years of age.

2. No Requirement To Purchase

 

There is never any requirement to make any purchase of any kind to play the games or to use the Services. Certain of the Applications may require virtual "coins" or "points" or other Virtual Items in order to play. A certain amount of those Virtual Items will be available to you to collect when you log into an Application initially and again at recurring time intervals. If you exhaust your supply of the necessary Virtual Items, you may elect to purchase additional Virtual Items and continue to play or you may wait until additional free Virtual Items are available to you. Virtual Items are licensed to you from KamaGames Ltd. for your use in the respective Applications, subject to the limitations and other terms set out in greater detail below.

 

3. License

 

3.1. KamaGames Ltd. hereby grants you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable right and license to use the Sites and the Services offered by our Sites as well as any Applications in connection with these Services, only for the purposes of accessing, viewing or playing content; posting or submitting user Content using the embedded link function; placing product orders or accessing information. Sites and Services are solely for your non-commercial, limited personal use, and for no other purposes.

 

3.2. The rights granted to you under this Agreement are subject to the following conditions:

3.2.1. You may not:

  • (a) sublicense, rent, lease, loan, sell or otherwise transfer the Applications or the Services (or any part thereof);
  • (b) modify, adapt, reverse engineer or decompile the Applications, or otherwise attempt to derive source code from the Applications;
  • (c) create any derivative works in respect of the Applications or the Services; or
  • (d) otherwise use the Applications or the Services except as expressly provided in this Agreement. Title to the Applications, and all rights with respect to the Applications and Services not specifically granted under this Agreement, including and without limitation, all rights of reproduction, modification, distribution, display, disassembly and de-compilation and all copyrights, patents, trademarks, trade secrets and other proprietary rights and interests are reserved to KamaGames Ltd. or its licensor(s).

3.2.2. You may not, nor will you allow any third party (whether or not for your benefit):

  • (a) alter, delete or conceal any copyright or other notices contained on the Sites, including notices on any Content you download, transmit, display, print or reproduce from the Sites;
  • (b) reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Content without the express prior written consent of KamaGames Ltd. Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both.

3.3. In the course of using the Service you may win, earn or alternatively purchase, with real-world money, Virtual Items.

You are not obligated, at any time, to purchase any Virtual Items. Virtual Items are able to be used only in the game(s) with which they are associated. You understand that you have no right or title in the Virtual Items appearing or originating in any game, whether "earned" in a game or "purchased", or in any other attributes associated with an Account or stored on the Services. Virtual Items are licensed to you by us for your personal use in the game. You may not purchase or sell Virtual Items outside the Service, or attempt to sell in the "real world" anything that appears or originates in the Service at any time. Any such attempted sale shall be null and void and may result in termination of your Account and legal action taken against you. You may trade Virtual Items within a game, but only where expressly permitted by game rules and never for any real-money consideration. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items. We retain the right to manage, regulate, control, modify and delete Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. We may selectively remove or revoke your license to use or associate Virtual Items with your Account without notice at our sole discretion. Prices and availability of Virtual Items are subject to change without notice.

Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us or through our web store or through the applicable platform (such as Google Play Store or Apple App Store). We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Services, unless removed or revoked by us.

Depending on your platform, any Virtual Item purchased from your platform will be subject to its terms and conditions and user agreement of such platform. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase.

When purchasing Virtual Items, you agree to pay the applicable charges for your purchase, including applicable taxes, through the applicable store. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.

If you do not connect the games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to you) or other data associated with your game play to a different device (including if you lose that device or it is damaged). We will not be liable for any loss or deletion of Virtual Items, whether purchased by you or granted by us without making a purchase, or of any data associated with your play of the games, from a device not connected to an account.

4. Account Registration

 

4.1. You may be required to create an Account to access our Services. If you have questions about Account registration, please contact our Support Team at support@kamagames.com. Accounts are available only to individuals 18 years of age or older (if it is not specially stated for certain portions of the Site or the Services that they contain mature contents and are not suitable for anyone younger than 16 years of age or the applicable age of majority in the jurisdiction in which you reside). If you are over 13 years of age but are still considered a minor, we ask that you review these Terms with your parents or guardian to ensure they understand them and agree to them. By accepting the terms of use in the Agreement, you represent that you are 13 years of age or older. We shall not be responsible in any way for your failure to accurately confirm your age per the terms hereunder.

 

4.2. Only one person may use an Account, and you may not have more than four Accounts. KamaGames Ltd. reserves the right to set limits on the number of Accounts a user may have over time at its sole discretion.

4.3. When creating a User ID you agree to:

  • (a) provide true, accurate, current and complete information as requested in the required fields; and
  • (b) promptly maintain and update such User ID to keep it true, accurate, current and complete. The information you provided shall be subject to our Privacy Policy. Your Nick Name or User ID, which is considered open information for other Users, may be transferred by KamaGames Ltd. to other Users to create connections and increase social relations of the Users.

4.4. You are liable for all activities conducted through your Account. Your Account may be blocked if someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others. KamaGames Ltd. will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.

4.5. You may not be permitted to create an Account or use the Services if you have previously been removed by KamaGames Ltd. or previously been banned from playing any KamaGames Ltd. game.

4.6. Your User ID may be deactivated if you do not use it within six months after the date that it was created or for any continuous period of six months after creation. If you do not use your User ID for six or more months, it may be removed and deleted by the Site administrator at its sole discretion without preliminary notification.

4.7. Upon registering an Account, data (such as username and certain Virtual Items) may be transferred between the KamaGames Ltd. Applications.

4.8. Regardless of what anything else says in these Terms, or any other terms/rules that apply to features you may choose to use, you do not own the Account that you create on Our Service, including in Our games, and your Account is not your property. This also applies to other stuff, like in-game currency or items, regardless of whether you "earned" those items in a game or "purchased" them. Your account and any related items are owned by KamaGames Ltd. KamaGames Ltd. gives you a limited license to use your account and the related items while We offer the Services.

4.9. You are not allowed to transfer Virtual Items outside of the Service (i.e., in the "real world"), for example by selling, gifting, or trading them. We won’t recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell or attempt to sell in-game Virtual Items for "real" money, or exchange Virtual Items for value of any kind outside of a game. Any such transfer or attempted transfer is prohibited and void, and We may terminate your Account because of it.

5. User Content

 

5.1. We expressly reserve the right, but have no obligation, to:

 

  • (a) monitor any communications within the Sites, forums, chats or other channels, without limitation, to ensure that appropriate standards of online conduct are being observed; and
  • (b) at any time remove any content that we deem objectionable or unsuitable at our sole discretion. KamaGames Ltd. does not endorse, approve, or pre-screen any Content that you or other users post or communicate in connection with use of any of KamaGames Ltd.’s Services. KamaGames Ltd. does not assume any responsibility or liability for any Content that is generated, posted or communicated by any user in connection with use of any of KamaGames Ltd.’s Services. You agree to release from liability and indemnify KamaGames Ltd., its Affiliates and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and Content providers from any damages arising out of, or resulting from, any Content you post or communicate.

5.2. You acknowledge and agree that your submitted Content, including your reviews and your communications with other users via online messaging, forums or bulletin boards, and any other similar types of communications and submissions in regard of use of any of KamaGames Ltd.’s Services, are non-confidential, public communications, and you have no expectation of privacy concerning such communications. You acknowledge that personal information that you communicate publicly may be seen and used by others and may result in unsolicited communications. KamaGames Ltd. is not liable for any information that you choose to submit or communicate to other users, or for the actions of any other users.

5.3. You represent and warrant that you have all necessary rights in and to any Content that you post, that such Content do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will not hold liable and will indemnify KamaGames Ltd. and its Affiliates and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted Content. If any such Content incorporates the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant KamaGames Ltd. permission to use any such name, voice, likeness and/or image of such individual appearing in the Content you post throughout the world in perpetuity. Once you post or communicate any Content in the Sites or Applications, you expressly grant KamaGames Ltd. the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such Content, including, without limitation, the name you submit in connection with such Content, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, at our sole discretion, in violation of the rights of any third party.

5.4. You are responsible for your interactions with other players. If you have a problem with another player, We are not required to get involved, but We can if We desire. If you have a dispute with another player, you release KamaGames Ltd. and its officers, directors, agents, subsidiaries, joint ventures, and employees, and all KamaGames Ltd. Affiliates from responsibility, claims, demands and/or damages (actual or consequential) of every kind and nature, whether known or unknown, resulting from that dispute or connected to that dispute. This includes damages for loss of profits, goodwill, use or data.

6. Copyright Infringement

 

It is KamaGames Ltd.’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). If you believe in good faith that any Content infringes your copyright, you may send us a notice requesting that the Content be removed. The notice must include:

 

  • (a) your (or your agent's) physical or electronic signature;
  • (b) identification of the copyrighted work on our Sites or Services that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification);
  • (c) identification of the Content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Sites or Services;
  • (d) your name, address, telephone number and email address (if available);
  • (e) a statement that you have a good faith belief that use of the Content in the manner complained of is not authorized by you or your agent or the law; and
  • (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to support@kamagames.com with the subject line "Copyright Infringement Notification."

7. Rules of Conduct

 

As a condition of your use of the Services, and without limiting any other obligations under these Terms, you agree to comply with the limitations and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth. Any use of the Services in violation of these Rules of Conduct is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 3, termination of your Account and of any further use of the Applications, Sites or Services, and may subject you to liability for violations of law.

 

7.1. ILLEGAL OR OTHER WRONGFUL CONTENT. You agree that you will not transmit, make available or otherwise promote or support, under any circumstances:

  • (a) any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, sexual, libellous, invasive of another’s privacy, hateful, discriminatory, disparaging or otherwise objectionable or inappropriate;
  • (b) any abusive, offensive, or defamatory screen names and/or avatars;
  • (c) any Content that promotes illegal activity, such as drug use;
  • (d) any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property, proprietary or other rights of any party;
  • (e) any unsolicited or unauthorized advertising, promotional Content, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
  • (f) any spyware, passive collection mechanism or any other code or Content that acts as passive or active information collection or transmission mechanism;
  • (g) cheats, hacks, cracks, malicious programs, viruses or any other computer code, files or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any part thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Services; and
  • (h) unreleased Services content (such as in-game items or equipment), areas that have been unlocked by hacking into client data files, or data not available through normal operation or game play on any part of the Services.

7.2. ILLEGAL OR OTHER WRONGFUL ACTIVITY. You agree that you will not, under any circumstances:

  • (a) organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate and defraud or mislead KamaGames Ltd. or other users or otherwise engage in any suspicious activity;
  • (b) promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items;
  • (c) interfere with, disrupt or circumvent any security feature of the Services or any feature that restricts or enforces limitations on use of or access to the Services;
  • (d) upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt KamaGames Ltd.’s Services;
  • (e) interfere with or disrupt the Services, servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  • (f) create any Account by automated means or false pretences, create more than one Account per device, or use any other user’s Account for any purpose, including to circumvent a suspension or ban;
  • (g) cheat or use, develop or distribute automation software programs bots, macro software programs or other cheat utility software program or applications which are designed to modify the experience to the detriment of fair play;
  • (h) use the Services to intentionally or unintentionally violate any applicable local, state, national or international law;
  • (i) abuse or exploit bugs, undocumented features, design errors or problems in the game; sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items or Virtual Currency associated with your Account to anyone without KamaGames Ltd.’s written permission;
  • (j) use the Services to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme or any other product or service of any kind; and
  • (k) buy or sell or otherwise transfer Virtual Items or your Account(s) other than as expressly authorized by the rules of an Application or by KamaGames Ltd.

7.3. These Rules of Conduct are non-exhaustive, and KamaGames Ltd. reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the spirit of the Services.

8. Fees, Refunds and Purchase Terms

 

8.1. Certain areas of the Sites and the Services may charge fees to purchase a license to access and acquire certain Virtual Items or participate in game activities on the Sites or other platforms. You can license Virtual Items by visiting the purchase page in one of our games, providing your billing information, confirming the particulars of your purchase and re-affirming your agreement to these Terms. When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an Account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.

 

Purchases of Virtual Items are final and are not refundable, transferable or exchangeable, except as set forth in this Section. Requests for refunds should be made to the platform through which they were purchased or, if made through our web store, to support@kamagames.com.

For purchases through our web store only: In the event of a technical error resulting in a delay of delivery of a Virtual Item of longer than 24 hours, KamaGames will refund the purchase upon request so long as the Virtual Item(s) remain unused. If your Account is charged for Virtual Items and you did not receive the Virtual Items you purchased, or you were charged an incorrect amount, you may request a refund or correction (only in Virtual Items). You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. Residents of the European Economic Area, United Kingdom and Switzerland who make purchases through our web store may seek refunds for up to fourteen (14) days after purchase, but only with respect to Virtual Items that have not been used in the relevant game and only if they discontinue all play of the relevant game from the purchase of the relevant Virtual Item until the refund request has been processed. We will process the refund request as expeditiously as we are reasonably able.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. In the event your account credentials have been compromised, please notify us immediately and we will use commercially reasonable efforts to reverse any unauthorized charges made through our web store. If the compromise results from our negligence or breach of this Agreement, then we will reimburse you for any resulting loss, provided that you have timely notified us (as required by this Agreement) of the charge.

Purchases made through a platform are additionally subject to platform rules governing refunds and returns.

You acknowledge 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. All Virtual Items are forfeited by You if your Account is terminated or suspended for any reason, in KamaGames’s sole and absolute discretion, or if the Services are no longer available. If your Account is terminated or suspended, or if any Virtual Items are selectively removed or revoked from your Account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

8.2. KamaGames Ltd. may, from time to time, modify, amend, or supplement its fee and billing methods, and post those changes in this Agreement or elsewhere on the Sites. Such modifications, amendments or supplements shall be effective immediately upon posting on the Site. If any change is unacceptable to you, you may cancel your Account at any time.

9. Deactivation/Termination of Your Registration or Use

 

9.1. KamaGames Ltd. and you each have the right to terminate or cancel any of your KamaGames Ltd. Account(s) at any time for any reason.

 

9.2. If KamaGames Ltd. in its sole discretion determines that you have violated these Terms, KamaGames Ltd. may issue you a warning regarding the violation, or, in KamaGames Ltd.’s sole discretion, immediately block or terminate any and all KamaGames Ltd. Accounts, cancel access to the KamaGames Ltd. Services, and/or terminate your license to any Virtual Items. You acknowledge that KamaGames Ltd. is not required to provide you with any notice or warning prior to any such cancellation or termination under this Section.

9.3. KamaGames Ltd. may, in its sole discretion limit, suspend, terminate, modify, or delete accounts or access to the Service or any portion of it and prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content and KamaGames Ltd. is under no obligation to compensate you for any such losses or results.

10. Third Party Sites

 

10.1. Clicking a hyperlink may direct you away from the Sites or the Applications. KamaGames Ltd. does not endorse or control any third-party linked sites, is not responsible for their content and has no association with the owners or operators of such sites. Also, other sites may have different terms of service and different privacy policies.

 

10.2. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Sites or Applications, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that KamaGames Ltd. shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Sites or Applications.

11. Communications

 

11.1. Where the Applications or a Site utilizes the account management of a social networking web site (such as Facebook, Twitter, Game Spy or iTunes’ Game Centre) or a third-party payment provider, you are responsible for maintaining the confidentiality of your applicable web site passwords and account information; you are entirely responsible for all activities that occur under such accounts and compliance with such site’s terms of service and other policies.

 

11.2 By subscribing to our social networking outlets, such as our Twitter feed or Facebook fan pages, or setting up an Account, you understand and agree that you may receive periodic information, by e-mail or other medium, regarding current and future Applications or changes to the Site. With respect to the third-party social networking outlets, you understand that you can use the settings of the applicable social network to stop or limit the communications we send through such social network outlets.

11.3. Should you receive information via electronic communications, you may opt out of any such communications we send to you by following the unsubscribe procedure which will be located within any correspondence. By omitting to unsubscribe you will be presumed to have opted into future correspondence.

11.4. Most of our Applications are capable of sending you notifications, known as pop-ups and push notifications, and will send you such notifications to alert you to in-Application activity as well as promotions and sales for in-Application content. You may choose to not receive or stop receiving such notifications by either playing in an off-line mode or a changing your device settings to decline or disable such notifications.

12. Intellectual Property Rights

 

12.1. KamaGames Ltd. reserves all right, title and interest in the Sites and the Applications and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms.

 

12.2. The names, logos, and other graphics, icons, and service names associated with the KamaGames Ltd. Sites or Services, trademarks, registered trademarks or trade dress of KamaGames Ltd. or its licensors or Affiliates in the United States and/or other countries is the property of KamaGames Ltd. or its Affiliates. KamaGames Ltd.’s trademarks and trade dress may not be used in connection with any product or service that is not owned or operated by or on behalf of KamaGames Ltd. or its Affiliates, or in any manner that is likely to cause confusion among consumers or that disparages or discredits KamaGames Ltd., its Affiliates, or any of KamaGames Ltd.’s Services. The compilation of all content of the KamaGames Ltd. Sites, other websites, applications and games is the exclusive property of KamaGames Ltd. or its Affiliates and is protected by United States and international copyright laws. You may not use, copy, transmit, modify, distribute, or create any derivative works from any content from the KamaGames Ltd. Sites or Applications unless we have expressly authorized you to do so in writing. If you fail to adhere to these Terms, other content owners may take criminal or civil action against you. In the event legal action is taken against KamaGames Ltd., one of its Affiliates or their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, or content providers as a result of your acts or omissions in violation of this provision, you agree to indemnify and hold harmless all of the foregoing.

12.3. Any sports clubs or professional sports associations names, logos, brands, and other trademarks or images featured or referred to within this application are the property of their respective trademark holders. These trademark holders are not affiliated with us, our products, or our services and are used for information purposes relating to events they partake in. They do not sponsor or endorse our products or services.

13. Acknowledgements/Limitation on Warranty and Liability

 

13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES, APPLICATIONS AND SITES IS AT YOUR SOLE RISK. THE SERVICES, SITES AND APPLICATIONS, AS WELL AS ANY THIRD-PARTY SERVICES AND PRODUCTS CONTAINED THEREIN, ARE PROVIDED ON AN «AS IS» AND «AS AVAILABLE» BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN CONCERNING THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF THE APPLICATIONS, SERVICES OR SITES. KAMAGAMES LTD. DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. KAMAGAMES LTD. DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES, SITES OR APPLICATIONSAT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT KAMAGAMES LTD. WILL HAVE ADEQUATE CAPACITY TO SUPPORT THE SERVICES, SITES OR APPLICATIONS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

 

13.2. YOU ACKNOWLEDGE AND AGREE THAT KAMAGAMES LTD. AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON THE SERVICES, SITES OR APPLICATIONS. IN NO CASE SHALL KAMAGAMES LTD.’ OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ LIABILITY TO YOU EXCEED THE LESSER OF THE AMOUNT THAT YOU PAID TO KAMAGAMES LTD. FOR THE SERVICES OR $100 (ONE HUNDRED) US DOLLARS. IN NO CASE SHALL KAMAGAMES LTD. OR KAMAGAMES LTD.’s AFFILIATES BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING FROM YOUR USE OF THE SERVICES, APPLICATIONS OR SITES. WHILE KAMAGAMES LTD. USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, KAMAGAMES LTD. AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL AND, HOWEVER, ARISING, AS A RESULT OF ACCESSING, DOWNLOADING OR OTHERWISE USING ANY SERVICE, APPLICATION OR SITE.

13.3. BECAUSE SOME JURISDICTIONS MAY NOT ALLOW ONE OR MORE OF THE EXCLUSIONS OR THE LIMITATIONS OF LIABILITY SET OUT ABOVE, WITH RESPECT TO PERSONS IN SUCH JURISDICTIONS, KAMAGAMES LTD.’s, KAMAGAMES LTD.’s LICENSORS’ AND KAMAGAMES LTD.’s AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY THE LAW OF SUCH JURISDICTION.

14. Indemnification

 

14.1. Upon KamaGames Ltd.’s request, you agree to defend, indemnify and hold harmless KamaGames Ltd. and KamaGames Ltd. Affiliates, contractors, vendors, and content providers, and their respective officers, directors, employees, and agents (collectively, the "KamaGames Indemnified Parties"), from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms for which you are responsible or in connection with your distribution of any Content on or through the Applications, Sites or Services. Without limiting the generality of the foregoing, you agree to indemnify and hold the KamaGames Indemnified Parties harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of the Applications, Sites and Services and for all of your communication and activity on or through the Applications, Sites or Services, including any Content you contribute, and that you will indemnify and hold harmless the KamaGames Indemnified Parties from any liability or damages arising from your conduct on the Applications, Sites or Services, including any Content that you contribute.

 

14.2. KamaGames Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, unless such action was the result of your failure to meet your obligation to defend pursuant to the indemnity, you shall have no further obligation to provide indemnification to the KamaGames Indemnified Parties in that matter. This Section shall survive termination of these Terms.

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

 

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT MAY REQUIRE YOU AND KAMAGAMES LTD. TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND KAMAGAMES LTD. CAN SEEK RELIEF FROM EACH OTHER.

 

By agreeing to these Terms, and to the extent permitted by applicable law, you and KamaGames Ltd. agree that any and all past, present and future disputes, claims or causes of action between you and KamaGames Ltd. arising out of or relating to these Terms, the Services, the formation of these Terms or any other dispute between you and KamaGames Ltd. or any of KamaGames Ltd.'s licensors, distributors, suppliers or agents (including any application store or platform from which the Services are accessed or downloaded), and whether arising prior to or after your agreement to this Section, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and KamaGames Ltd. further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action. If your Country of Residence is the United States, this Section (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 this Agreement.

"Country of Residence" for purposes of this Section means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Services. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

  • (a) Informal Dispute Resolution. KamaGames Ltd. wants to address your concerns without the need for a formal legal dispute. Before filing a claim against KamaGames Ltd., you agree to try to resolve the Dispute informally by contacting support@kamagames.com. Similarly, if you have provided an email address to us as part of your Account registration, KamaGames Ltd. agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or KamaGames Ltd. may initiate an arbitration proceeding as described below.
  • (b) We Both Agree To Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and KamaGames Ltd. each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
  • (c) Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting support@kamagames.com within 30 days of first accepting these Terms and stating that you (include your first and last name, and User name) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Services, but you and KamaGames Ltd. will not permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.
  • (d) Exceptions to Agreement to Arbitrate. Notwithstanding your and KamaGames Ltd.’s agreement to arbitrate Disputes, either you or KamaGames Ltd. may bring a lawsuit in a court of law asserting causes of action which seek only temporary injunctive relief until an arbitrator can be empaneled and determine whether to continue, modify or terminate such relief, to compel arbitration pursuant to this Section 15 or to enforce any arbitral award issued hereunder. Additionally:
    • (d.1) If your Country of Residence is the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and KamaGames Ltd.’s agreement to arbitrate Disputes, either you or KamaGames Ltd. also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence.
    • (d.2) If your Country of Residence is not the United States, the United Kingdom, Switzerland or in the European Economic Area, notwithstanding your and KamaGames Ltd.’s agreement to arbitrate Disputes, either you or KamaGames Ltd. may also assert claims, if they qualify, through the Small Claims procedure in District Court in Dublin, Ireland, or if a court in your Country of Residence would not recognize such a requirement (notwithstanding the provisions of this Section), then in a small claims court or the equivalent in your Country of Residence.
  • (e) Arbitration Procedures and Fees.
    • (e.1) If your Country of Residence is the United States, you and KamaGames Ltd. agree that New Era ADR, Inc. (“New Era”) will administer the arbitration under its Virtual Expedited Arbitration Rules and Procedures in effect at the time arbitration is sought ("New Era Rules"). Those rules are available at https://www.neweraadr.com/rules-and-procedures/. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. 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. Notwithstanding any language to the contrary in this Section 15(e)(1), if a party seeks injunctive relief that would significantly impact other Kama Games Ltd. users 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. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.
    • (e.2) If your Country of Residence is not the United States, you and KamaGames Ltd. agree that the Chartered Institute of Arbitrators – Ireland Branch (https://www.ciarb.ie/ ) ("CIArb") will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. The arbitration proceeding and any award shall be confidential. You and KamaGames Ltd. further agree that the arbitration will be held in English in Dublin, Ireland, or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The CIArb rules will govern payment of all arbitration fees.
  • (f) Arbitration Shall Proceed Individually. Regardless of your County of Residence or the rules of a given arbitration forum, you and KamaGames Ltd. agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor KamaGames Ltd. may bring a claim as a part of a class, group, collective, coordinated, consolidated or mass arbitration (each, a "Collective Arbitration"). Without limiting the generality of the foregoing, a claim to resolve any Dispute against KamaGames Ltd. will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) counsel for the claimants are the same, share fees or coordinate across the arbitrations. "Concurrently" for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.
  • (g) Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR KAMAGAMES LTD. SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SUBSECTIONS (F) OR (G) OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT UPON EITHER PARTY'S ELECTION.
  • (h) Judicial Forum for Disputes. Except as otherwise required by applicable law or provided in this Section 15, in the event that you have opted out from the agreement to arbitrate or the agreement to arbitrate is otherwise found not to apply to you or your claim, you and KamaGames Ltd. agree that any judicial proceeding may only be brought in a court of competent jurisdiction in Dublin, Ireland. Both you and KamaGames Ltd. consent to venue and personal jurisdiction there.

16. Miscellaneous

 

16.1. Entire Agreement. These Terms , any supplemental policies and any documents expressly incorporated by reference herein constitutes the entire agreement between you and KamaGames Ltd. hereto with respect to the subject matter hereof and supersedes all prior understandings or arrangements, oral or written, between you and us with respect to the subject matter hereof.

 

16.2. Waiver. The failure of KamaGames Ltd. of require or enforce strict performance by you of any provision of these Terms or failure to exercise any right shall not be construed as a waiver or relinquishment of KamaGames Ltd.’s right to assert or rely upon any such provision or right in that or any other instance. The express waiver by KamaGames Ltd. of any provision, condition, or requirement of these Terms shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Except as expressly and specifically set forth in this these Terms, no representations, statements, consents, waivers, or other acts or omissions by KamaGames Ltd. shall be deemed a modification of these Terms nor be legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of KamaGames Ltd.

16.3. Notice. We may notify you via postings on the Sites, e-mail or any other communications means of contact you have provided to KamaGames Ltd. All notices given by you or required from you under these Terms or the KamaGames Ltd. Privacy Policy shall be in writing and addressed to: KamaGames Ltd. Attn: LEGAL DEPARTMENT, 110 Amiens Street, Dublin 1, Ireland. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.

16.4. Severability. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other provisions. This Agreement shall continue in full force and effect except for any such invalid, illegal or unenforceable provision.

16.5. Force Majeure. KamaGames Ltd. shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of KamaGames Ltd., including, without limitation, any failure to perform hereunder due to unforeseen circumstances or cause beyond KamaGames Ltd.’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, changes in law, fire, floods, accidents, network or other infrastructure failures, or labour stoppages or strikes.

16.6. Language. These Terms have been written in English and translated into other languages for the convenience purposes. In the event of any ambiguity of interpretation thereof, and for all official purposes, the provisions set forth in English version of these Terms shall prevail.

16.7 Governing Law. Except with respect to the Dispute Resolution and Agreement to Arbitrate on an Individual Basis section (Section 15) and where elsewhere expressly noted in these Terms, all Disputes shall be governed by and these Terms shall be construed in accordance with English law.

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