Terms of Service
Last updated September 12, 2019
PLEASE REVIEW THESE TERMS OF SERVICE (“TERMS” OR “AGREEMENT”) CAREFULLY AS THEY GOVERN YOUR USE OF OUR SITES AND SERVICES. PLEASE NOTE, IN PARTICULAR, THAT THESE TERMS CONTAIN DISPUTE RESOLUTION PROVISIONS (SECTIONS 15 AND 16, BELOW) REQUIRING ARBITRATION OF MOST DISPUTES.
THE APPLICATIONS AVAILABLE FOR YOUR USE ON OUR SITES AND 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.
Please read these Terms carefully before using our Services. Your use of our Services constitutes agreement to these Terms.
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, baccarist.com, favoritecasino.com, blackjackist.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 products, downloads, games, services, content and websites controlled by KamaGames Ltd. and/or its Affiliates.
Virtual Items: meaning game “currency” and “objects”, which may include, but are not limited to, virtual “coins”, “cash”, “tokens”, “points” and “property”.
1. Legal Agreement
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.
3.1. 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:
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).
- 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. If you access an Application, you may have the opportunity to get a limited and revocable license to use Virtual Items. You may be required to pay a fee to obtain a possibility to use Virtual Items. You understand that Virtual Items exist solely in the virtual world; have no monetary value; and cannot be used to purchase or use products or services other than within the applicable Application. You realise that Virtual Items represent a part of KamaGames Ltd.’s Application, title and any rights to which belong to KamaGames Ltd. and/or its Affiliates. Price and availability of Virtual Items are subject to change without notice. ANY PURCHASE OR SALE OR OTHER UNAUTHORIZED TRANSFER OF VIRTUAL ITEMS BY A USER, INSIDE OR OUTSIDE OF THE SOFTWARE, IS STRICTLY PROHIBITED!
3.4. In the so-called Lottery section of the Applications (not lottery in fact, but a sale of Virtual Items for a fee), you may purchase certain amount of Virtual Items for a certain displayed fee. In this Lottery section you may purchase from 60 000 (sixty thousand) to 24 000 000 (twenty-four million) of Virtual Items for the displayed fee. You are also given a chance to win additional Virtual Items on top of the purchased ones, for just using Lottery section of the Applications. Please note, the Lottery section does not guarantee any Virtual Items on top of the purchased amount for the displayed fee and the chance to win is a courtesy on the part of Kamagames Ltd. rather than part of the transaction. You are, in fact, just buying Virtual Items stated herein for the displayed fee.
4. Account Registration
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:
(i) provide true, accurate, current and complete information as requested in the required fields; and
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 email@example.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 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. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. YOU ACKNOWLEDGE THAT KAMAGAMES LTD. 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, OR IF YOUR VIRTUAL ITEMS ARE CONFISCATED BY KAMAGAMES LTD. IN ITS SOLE DISCRETION FOR VIOLATION OF THESE TERMS.
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.
11.1. 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.
14.1. 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 for Customers Outside the United States
The term “Dispute” means any dispute, claim or controversy between you and KamaGames Ltd. or KamaGames Ltd. and you arising out of, or relating to, the Sites, Applications or Services, these Terms or your Account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Section 15. “Dispute” is to be given the broadest possible meaning. You agree that any Dispute between you and KamaGames Ltd. will be governed by the arbitration procedures outlined below.
If a Dispute arises between you and KamaGames Ltd., our goal is to provide you with a neutral and cost effective means of resolving the Dispute quickly. Accordingly, you and KamaGames Ltd. agree that we will resolve any Dispute in accordance with one of the subsections below or as KamaGames Ltd. and you otherwise agree in writing.
15.1. Informal Negotiations/Notice of Dispute. You and KamaGames Ltd. agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon receipt of written notice from one person to the other (Notice of Dispute). Notices of Dispute must:
- (a) include the full name and contact information of the complaining party;
- (b) describe the nature and basis of the claim or dispute; and
- (c) set forth the specific relief sought (Demand). KamaGames Ltd. will send its Notice of Dispute to your billing address (if you provided it to us) or to the email address you provided to us. You will send your Notice of Dispute to: 110 Amiens street, Dublin 1, Ireland, ATTENTION: Legal Department.
15.2. Arbitration Option. For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (ADR) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- (a) the arbitration shall be conducted by telephone, online and/or be based on written submissions, and the specific manner shall be chosen by the party initiating the arbitration;
- (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
15.3. In case such Dispute cannot be settled amicably through negotiations within a thirty 30-day period, and the Demand is in excess of $10,000 USD, it or they shall be shall be settled by arbitration in accordance with the UNCITRAL Arbitration Rules.
The appointing authority shall be the Chairman of Chartered Institute of Arbitrators, Ireland.
- The number of arbitrators shall be one.
- The place of arbitration shall be Dublin, Ireland.
- The arbitration shall be held, and the award rendered, in English.
Each Party shall bear its own expenses, but Parties shall share equally in the expenses of the arbitration tribunal.
The Parties agree that all arbitration proceedings conducted pursuant to this Section shall be kept strictly confidential, and all information disclosed in the course of such arbitration proceedings shall be used solely for the purpose of those proceedings. Any election to arbitrate by one party shall be final and binding on the other.
15.4. Restrictions. You and KamaGames Ltd. agree that any arbitration shall be limited to a Dispute between you and KamaGames Ltd. individually. To the full extent permitted by law,
(1) no arbitration shall be joined with any other;
(2) there is no right or authority for any dispute to be arbitrated on a class action-basis or to utilize class action procedures; and
(3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND KAMAGAMES LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KamaGames Ltd. agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
16. DISPUTE RESOLUTION AND ARBITRATION FOR UNITED STATES CUSTOMERS.
This Section 16 (the “US Arbitration Agreement”) only applies to customers who reside in the United States of America. It applies to all disputes between you and KamaGames Ltd. The term “Dispute” means any dispute, claim or controversy between you and KamaGames Ltd. or KamaGames Ltd. and you arising out of, or relating to, the Sites, Applications or Services, these Terms or your Account, whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this US Arbitration Agreement. “Dispute” is to be given the broadest possible meaning. You agree that any Dispute between you and KamaGames Ltd. will be governed by the arbitration procedures outlined below.
(a). Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this US Arbitration Agreement carefully. It is part of your contract with KamaGames Ltd. and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- i. MANDATORY BINDING ARBITRATION. In the interest of resolving Disputes between you and KamaGames Ltd. in the most expedient and cost effective manner, you and KamaGames Ltd. agree that every Dispute will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND KamaGames Ltd. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- ii. Exceptions. Nothing in these Terms or this US Arbitration Agreement will be deemed to waive, preclude, or otherwise limit the right of either party: (a) to bring an individual action in small claims court; (b) to seek temporary injunctive relief in a court of competent jurisdiction over the parties solely to preserve the status quo or to prevent imminent harm until an arbitrator can be empaneled in accordance with this US Arbitration Agreement and determine whether to continue, modify or terminate such relief; or (c) to seek judicial enforcement of this US Arbitration Agreement or of any arbitral award issued hereunder in any court of competent jurisdiction over the parties.
- iii. Arbitrator. All Disputes subject to this US Arbitration Agreement will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and as then in effect, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting KamaGames Ltd.
- iv. Notice; Process. A party who intends to seek arbitration must first send a written notice of the Dispute to the other party by certified U.S. Mail or by commercial express delivery (signature required) or, only if such other party has not provided a current physical address, then by electronic mail (“Notice”), in your case to the email address you have provided as part of your Account. The Notice must: (a) describe the nature and basis of the claim or Dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or KamaGames Ltd. may commence an arbitration proceeding.
- v. Fees. If you commence arbitration in accordance with these Terms the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York City, NY, USA, but if the claim is for $100,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; or (b) through a telephonic hearing.
- vi. CLASS ACTION WAIVER. YOU AND KAMAGAMES LTD. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and KamaGames Ltd. agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
- vii. Modifications to this Arbitration Provision. If KamaGames Ltd. makes any future change to this US Arbitration Agreement, other than a change to KamaGames Ltd.'s address for notice, you may reject the change by sending us written notice within 30 days of the change to KamaGames Ltd.'s address for notice, in which case your Account with KamaGames Ltd. will be immediately terminated and this US Arbitration Agreement, as in effect immediately prior to the changes you rejected, will survive.
- viii. Confidentiality. All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. You and KamaGames Ltd. agree to maintain confidentiality unless otherwise required by law. This section shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms, to enforce an arbitration award, or to seek injunctive or equitable relief as permitted herein.
- ix. Survival of Agreement. This US Arbitration Agreement will survive the termination of your relationship with KamaGames Ltd.
- x. Enforceability. If Section 16(a)(vi) is found to be unenforceable or if the entirety of this Section 16(a) is found to be unenforceable, then the entirety of this Section 16(a) will be null and void and, in that case, the parties agree that the exclusive jurisdiction of Riga Permanent Court of Arbitrage, registration number 40003759884, address Burtnieku Street 39, Riga, Latvia, LV-1084, according to the rules of the procedure of the court, with one arbitrator, with arbitration held, and the award rendered in English.
(b). RIGHT TO OPT OUT OF MANDATORY ARBITRATION AND CLASS ACTION WAIVER. You may opt out of the foregoing arbitration and class action waiver provisions of these Terms by NOTIFYING KamaGames Ltd. IN WRITING WITHIN 30 DAYS OF THE DATE THAT THESE TERMS ARE EFFECTIVE UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. To opt out, you must send a written notification to KamaGames Ltd. Attn: LEGAL DEPARTMENT, 110 Amiens Street, Dublin 1, Ireland, that includes (i) your name; (ii) your address; (iii) your telephone number; (iv) your email address; and (v) a clear statement indicating that you do not wish to resolve claims through arbitration and demonstrating compliance with the 30-day time limit to opt out of the above arbitration and class action waiver sections.
17.1. 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.
17.2. 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.
17.4. 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.
17.5. 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.
17.6. 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.
17.7. Governing Law. Except with respect to the US Arbitration Agreement (Section 16) 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.