
terms of service
Last Revised: 20 October 2025
IMPORTANT NOTICES
PLEASE NOTE THAT THE TERMS OF SERVICE INCLUDES A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME. FOR FURTHER DETAILS PLEASE SEE SECTION 27 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) BELOW.
PLEASE NOTE THAT THE TERMS OF SERVICE INCLUDES A PROVSION WAIVING THE RIGHT TO A JURY TRIAL. FOR FURTHER DETAILS PLEASE SEE SECTION 31.9 (GENERAL PROVISIONS) BELOW.
THE SERVICES WHICH INCLUDE WITHOUT LIMITATION THE GAMES ARE NOT “REAL MONEY GAMBLING". NO ACTUAL MONEY IS REQUIRED TO PLAY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. THE SERVICES ARE INTENDED FOR RECREATIONAL AND ENTERTAINMENT PURPOSES ONLY AND ARE VOID WHERE PROHIBITED.
YOU MAY ONLY ACCESS THE SITE AND USE THE SERVICES, IF YOU ARE LOCATED IN AND A RESIDENT OF THE UNITED STATES (EXCEPT IF YOU ARE LOCATED IN OR A RESIDENT OF ANY OF THE FOLLOWING STATES: CALIFORNIA, CONNECTICUT, DELAWARE, FLORIDA, GEORIGA, HAWAII, IDAHO, KENTUCKY, LOUISIANA, MICHIGAN, MONTANA, NEVADA, NEW JERSEY, NEW YORK, PENNSYLVANIA, RHODE ISLAND, WASHINGTON, TENNESSEE, MARYLAND, OR WEST VIRGINIA. FOR FURTHER DETAILS REGARDING ELIGABILITY PLEASE SEE SECTION 4 (YOUR ELIGIBILITY) BELOW.
You agree to be bound by The Terms of Service, the Sweepstakes Rules, the Privacy Policy (which sets out how we collect and use your personal information), Policy on Responsible Social Gameplay, and any promotion specific terms and conditions. The Terms of Service, the Sweepstakes Rules, the Privacy Policy, Policy on Responsible Social Gameplay and any promotion specific terms and conditions shall constitute the "User Agreement".
The User Agreement forms a legally binding agreement between you and us.
You must read the User Agreement which includes without limitation the Privacy Policy carefully in their entirety before checking the box for acceptance. By checking the "I accept the Terms of Service and Sweepstakes Rules", by accessing the Services, by registering a User Account, by downloading the www.chipmaster.com branded application, or by participating in any Service or Game, including without limitation, participation in the free-to-play or sweepstakes contests or tournaments you: (i) confirm that you have read and agreed to be bound by the User Agreement; (ii) accept and agree to all obligations, rules and scoring systems for each Service or Game in which you participate; (iii) represent and warrant that you are authorized and able to accept these Terms. Communix may also issue additional terms, rules, and conditions of participation in particular Services or Games, which are expressly incorporated by reference. If you do not agree with any provision of the User Agreement, you agree that you shall not access the Site or use any of the Services which includes without limitation the Games.
The Games provided on the Site are offered and operated by Communix, Inc., using software developed by Comunix Ltd.
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Interpretation
1.1 In the User Agreement:
1.1.1 the headings are for ease of reference only and shall not affect its construction or interpretation;
any phrase introduced by the terms "including", "include", "such as", "in particular" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms;
1.1.2 any provision in a definition is a substantive provision conferring rights or imposing obligations on any party, notwithstanding that it is only in Section 2 (Definitions), effect shall be given to it as if it were a substantive provision in the body of the User Agreement;
1.1.4 if the context so requires, references to the singular shall include the plural and vice versa;
1.1.5 no provision will be interpreted against us, because we (or our legal representatives) drafted such provision;
1.1.6 a reference to a “person” is a reference to a person in the broadest sense, whether or not having separate legal identity, and includes a reference to any individual, corporate or unincorporated body, company, partnership, firm, trust and foundation. The foregoing shall not apply to SECTION 27 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) below.
2. Definitions
In the User Agreement, the following expressions shall have the respective meanings assigned to them, unless otherwise defined:
Alternative Payment Instrument means the instrument which you use to receive the cash that you have redeemed as a result of redeeming Redeemable Sweep Coins, which is not the Payment Instrument.
Applicable Taxes shall have the meaning given to it in Section 12.15.
Authorized Persons means any entity of the Company, any of their respective successors and assigns, as well as any of their service providers, licensees and partners.
Casual Chips means the virtual coins which allow you to participate in Casual Chips Game Play and obtain Virtual Goods.
Casual Chips Game Play means the Games which are played with Casual Chips.
Company, we, our or us means Communix, INC. and the Company Affiliates including Comunix Ltd.
Company Affiliates means any person directly or indirectly controlling, controlled by, or under common control with the Company. For the purpose of this definition, "control" (including, with correlative meanings, the terms "controlling", "controlled by" and "under common control with") means the power to manage or direct the affairs of the person in question, whether by ownership of voting securities, by contract or otherwise.
Dispute has the meaning given to it in Section 27.
Excluded Jurisdictions means: (i) any jurisdiction outside of the United States; and (ii) in the United States, the following States: California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Kentucky, Louisiana, Michigan, Montana, Nevada, New Jersey, New York, Pennsylvania, Rhode Island, Washington, Tennessee, Maryland, and West Virginia.
Force Majeure Incident means an event beyond our reasonable control including without limitation, non-performance by suppliers or subcontractors, acts of God, acts of government, fire, flood or storm damage, earthquakes or other natural disaster, labor disputes, trade disputes, explosion, strikes, industrial action, lockouts, war, riot, pandemic or epidemic.
Games means the games made available on the Site from time to time for you to play in either Sweep Coins Game Play or Causal Chips Game Play, which may include without limitation social poker games and tournaments, social casino games, and social mini games such as crash games.
Inactive User Account has the meaning given to it in Section 8.1.
Payment Instrument means the payment method which you use and which we accept to purchase Casual Chips and that you may use to receive the cash which you have redeemed as a result of redeeming Redeemable Sweep Coins.
Physical Sweep Prizes means the Sweep Prizes which are physical goods which includes but is not limited to a physical gift card and a digital gift card.
Promotion Specific Terms has the meaning given to it in Section 15.2.
Play Through Requirements has the meaning given to it in Section 11.3.
Redeemable Sweep Coins means the Sweep Coins which are granted to you if you win on Sweep Coins Game Play and that have met the Play Through Requirements, which you may use to redeem for Sweep Prizes.
Services means the Games and any other services made available through the Site.
Site means the website located at www.chipmaster.com and all of its subdomains, subpages and successor sites thereof and the application which links to these Terms of Services through which the Services are provided.
Site Content means the Services and any materials, logos, sounds, music, artwork text, images, animations, graphics, copyright, user interfaces, visual interfaces, photographs, trademarks, computer code and other material used, displayed or made available as part of the Site.
Sweep Coins means the virtual coins which allow you to participate in the Sweep Coins Game Play.
Sweep Coins Game Play means the Games which are played with Sweep Coins.
Sweep Prizes means any prizes granted to you through your redemption of Redeemable Sweep Coins in accordance with the User Agreement which includes without limitation cash and Physical Prizes.
Third-Party Sites and Advertisements has the meaning given to it in Section 29.1.
Terms of Service means these Terms of Service, as amended from time to time.
User Account means the account which you possess with the Company and through which you can access and use the Services on the Site (whether or not such account is an Inactive Account).
User Agreement shall have the meaning detailed in the IMPORTANT NOTICES Section above, as amended from time to time.
you, your or User means the individual who uses the Services, Site Content, the Site, Casual Chips, Sweep Coins, Virtual Goods, or Redeemable Sweep Coins whether or not such individual has registered a User Account.
User Generated Content means the content, which is submitted, communicated shared, transmitted, posted, uploaded, or otherwise make available through the Services (by way of example only, profile information, communications with other end-users of the Services, with our end-user support, whether privately or publicly, ,music, text, graphics, software, video clips, photographs, public messages, ideas, and comments) by end-users of the Services which includes without limitation, through the chat feature.
Virtual Goods means the virtual goods you can obtain through the use of Casual Chips (which are not Casual Chips and Sweep Coins).
3. Modification of the Site Content and Amendment of the User Agreement
3.1 We may at any time add, modify, remove, discontinue or suspend the Site or Site Content or any part thereof with immediate effect and without notice to you. In no event will we be liable to you for any loss, damage or liability suffered by you which results from any addition, modification, removal or suspension of the Site or Site Content or any part thereof and for the avoidance of doubt you will have no claims with respect to such addition, modification, removal or suspension.
3.2 We may amend the Terms of Service, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay, from time to time, by posting an amended version on the Site and any such change shall come into effect and be binding upon you immediately.
3.3 If we amend the Terms of Service, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay in a way that would limit your then current rights, or which is to your detriment, at our discretion, we may (but for the avoidance of doubt we are not obligated to):
3.3.1 notify you by e-mail to the email address associated with your User Account at the time of such amendment,
3.3.2 notify you by a notice on the Site; or
3.3.3 require your acceptance of the amended Terms of Service, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay (as applicable).
3.4 If we notify you of any amendments in accordance with Sections 3.3.1 or 3.3.2, your continued use of the Services will be deemed as your acceptance of the amendments.
3.5 For the avoidance of doubt, if we amend the Terms of Service, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay in a way that would limit your then current rights, or which is to your detriment, we may still do so in accordance with Section 3.2.
3.6 If you do not agree to any amended Terms of Service, the Sweepstakes Rules, the Privacy Policy or Policy on Responsible Social Gameplay (as applicable), you sole recourse will be to terminate your User Account in accordance with Section 22.2 (Termination and Suspension of Your User Account) and immediately ceasing to use the Site, Site Content, Casual Chips, Sweep Coins, Virtual Goods and Redeemable Sweep Coins.
4. Your Eligibility
4.1 You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in the User Agreement and to abide by and comply with the User Agreement.
4.2 Registration of a User Account and use of the Services is only available only to natural persons who are at least 21 years of age or the age of majority in such natural person's jurisdiction, whichever is higher who: (i) can form legally binding contracts under applicable law; (ii) is located in the United States and who is not located or resident in any of the Excluded Jurisdictions; and (iii) at all times abide by these Terms.
4.3 Any employee, officer, director and former employee, officer and director (less than three years since such individual ceased to be an employee, officer or director, as applicable) of any entity in the Company, any of their respective advertising agencies, service providers or consultants or any other entity or individual involved with the design, production, execution or distribution of the Site, the Site Content, Casual Chips, Virtual Goods, Sweep Coins or Redeemable Sweep Coins and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (individuals who share the same residence at for least three months of the year), are not eligible to access the Site, register a User Account and use the Site Content, Casual Chips, Virtual Goods, Sweep Coins and Redeemable Sweep Coins and receive Sweep Prizes.
4.4 You acknowledge and agree that we are unable to provide you with any legal advice or assurances and that registering a User Account and using the Site, Site Content, Casual Chips, Virtual Goods, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes is lawful in the jurisdiction that you are located in. It is solely your responsibility to ensure that at all times you comply with the laws which apply to you. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the Service. Access to the Service and the Games offered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
4.5 Communix makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the Service or that the Games provided through the Service are appropriate or available for use in the Jurisdiction in which you are located, nor shall any person affiliated, or claiming affiliation, with Communix have authority to make such representations or warranties. We do not intend for the Service, or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the Service does not constitute an offer, solicitation, or invitation by Us for the use of the Service in any Jurisdiction in which such activities are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Games made available in the Service while located in a Jurisdiction that prohibits such activities, You will be in violation of the law of such Jurisdiction and these Terms, and subject to having Your Account suspended or terminated.
4.6 In order to register a User Account and use the Site, Site Content, Casual Chips, Virtual Goods, Sweep Coins and Redeemable Sweep Coins you must comply with the following and you warrant and represent to us that you comply with the following:
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you are a natural person who is located in the United States and you are not located in or a resident of any of the Excluded Jurisdictions;
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you are at least 21 years of age or the age of majority in your jurisdiction, (whichever is higher in the relevant jurisdiction);
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you can form legally binding contracts under applicable law;
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you are accessing the Site and using the Site Content, Casual Chips, Virtual Goods, Sweep Coins and Redeemable Sweep Coins in your personal capacity for recreational and entertainment purposes only;
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you are using the Site, the Site Content, Casual Chips, Virtual Goods, Sweep Coins and Redeemable Sweep Coins for your own behalf and not on the behalf of any other person or entity;
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you are not listed on any U.S. Government list of prohibited or restricted parties;
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you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country;
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you are not listed on any relevant PEP or sanctions lists;
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you are legally allowed to use the Site Content, Casual Chips, Virtual Goods, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes and access the Site; and
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you are eligible in accordance with this Section 4 (Your Eligibility) to access the Site, register a User Account and use the Site Content, Casual Chips, Virtual Goods, Sweep Coins, Redeemable Sweep Coins and Sweep Prizes.
4.7 COMMUNIX RESERVES THE RIGHT TO DENY ACCESS TO THE SERVICE TO ANYONE AT OUR SOLE DISCRETION.
4.8 In addition, improper conduct includes, but is not limited to:
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Falsifying personal information required to enter a Game or claim a prize;
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Engaging in any type of financial fraud including unauthorized use of credit card instruments to enter a Game or claim a prize;
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Colluding with any other individual(s) or engaging in any type of syndicate play;
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Any violation of the Game rules or the Terms;
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Using a single account to participate in a Game on behalf of multiple entrants or otherwise collaborating with others to participate in any Game;
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Using automated means (including but not limited to scripts and third-party tools) to interact with the Website in any way (this includes, but is not limited to: creating a contest, entering a contest, withdrawing from a contest, creating a lineup, and editing a lineup);
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Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information on the Website or of any User for any purpose;
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Any type of bonus abuse or other offers or promotions;
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Tampering with the administration of a Game or trying to in any way tamper with the computer programs or any security measure associated with a Game;
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Obtaining other entrants’ information and spamming other entrants; or
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Abusing the Website in any way.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent Communix from pursuing criminal or civil proceedings in connection with such conduct. If you do not meet the eligibility requirements of this section, then you are not authorized to use the Service. Communix reserves the right to verify Your age, identity, and eligibility at any time. This includes requesting that You provide proof of identity documentation such as driver’s license, passport, or birth certificate. Any failure to cooperate with Communix in this respect may result in the suspension and/or termination of Your Account. To the extent Communix requests proof of identity and You fail to do so within seven (7) days, or Communix otherwise determines that you do not meet the eligibility requirements of this section, in addition to any rights that Communix may have in law or equity, Communix reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account.
5. License
Subject to your strict compliance with the terms of the User Agreement, during the term of the User Agreement we hereby grant you a personal, revocable, non-exclusive, non-assignable, non-transferable, non-sub-licensable right to use the Site (including without limitation any software, brand names, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Site Content), Casual Chips, Sweep Coins, Redeemable Sweep Coins and Virtual Goods in connection with the Services, for your personal recreational and entertainment purposes only.
6. Verification
6.1 You agree that at any time, which includes without limitation, when you register a User Account, purchase Casual Chips or you obtain Virtual Goods, Sweep Coins or Redeemable Sweep Coins, we shall be entitled to conduct any verification checks (including but not limited to identification checks, PEP checks, sanctions checks, credit checks, background checks, source of wealth checks, Payment Instrument and Alternative Payment Method checks and prevention of financial crime checks) that we deem necessary or that are required under any applicable law or regulation.
6.2 Pending our completion of the verification checks to our satisfaction, we may restrict, suspend or terminate your User Account.
6.3 You may be required to provide us with information and documentation which we request, which may include without limitation information regarding your location, a valid mailing address, date of birth, government identifiers, proof of your address, governmental issued identification documents and social security number as well as photographs of you.
6.4 You acknowledge and agree that the information and documentation which you provide us (at any time) is true, accurate and complete and you will immediately inform us of any change to such information and documentation. Furthermore you undertake that in the event that we request a self-portrait photograph of yourself (also known as a selfie (the "Photograph") from you, with respect to such photographs: (i) the Photograph must be a recent photograph of you (taken in the last six months); (ii) the Photograph must be in color; (iii) the Photograph must show a clear and focused image solely of your full face looking straight at the camera with a plain expression and your mouth closed; (iv) in the Photograph you must have your eyes open and visible; (v) in the Photograph you must not have hair in front of your eyes; (vi) in the Photographs you must not have anything covering your face; (vii) the Photograph must not have any shadows on your face or behind you; and (viii) the Photograph must not in any way be amended or modified.
If the: (i) information or documentation which you provide us with is not true, accurate and complete; or (ii) the photographs do not comply with the paragraph above, we may terminate or suspend your User Account.
6.5 You agree that we may use third party service providers to run the verification checks.
6.6 In the event that any verification checks are not completed to our satisfaction, including but not limited to, due to your failure to provide any documentation, information or photographs and in the form required by us which we require within 30 days of our request for such documentation, information or photographs or you fail any verification checks, we may at our discretion, terminate, suspend or otherwise restrict your User Account.
6.7 Without detracting from anything in this Section 6, if you fail any of our PEP checks or sanction checks, we may restrict your User Account and you will be unable to make any purchases thorough the Services.
7. User Account
7.1 In order to be able to use the Services you must register with the Company a User Account through the Site.
7.2 When you register a User Account, you must provide us with the information which we request or which you are prompted to complete. You agree to provide true, accurate, currency, and compete information about yourself. You agree that you shall keep such registration information up to date and you agree that if any of the registration information has changed you will promptly update the registration information by contacting our Customer Support at support@chipmaster.com.
7.3 During the registration process you will be required to select a password unless you login to your User Account using the: (i) Facebook® login facility and in such case your Facebook® password shall apply; (ii) Google Account login facility and in such case your Google Account password shall apply; or (iii) Apple Account, login facility and in such case your Apple Account password shall apply. Any information collected by Communix will be held subject to the Communix’s Privacy Policy and “just-in-time” notices, if any, provided at that point of information collection or use.
7.4 If you provide any information that is untrue, inaccurate, not currency, or incomplete, or Communix has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Communix reserves the right to suspend or terminate the User Account immediately and refuse any and all current or future use of the Service (of any portion thereof). n
7.5 You understand that you have no right, title or property interest in or to your User Account.
7.6 You agree that you shall possess only one User Account (which includes an Inactive User Account). If you attempt to register or succeed to register more than one User Account, we reserve the right to terminate or suspend all or any of the User Accounts which you have registered.
7.7 Your User Account can only be used by you and you agree that that you will not share your User Account username or password with another person, nor will you let anyone else access or use your User Account. You may not “co-own” or "co-use" a User Account.
7.8 It shall be a violation of these Terms to allow any other person to use your account to participate in any contest. If you have reason to believe that someone is using you account without your permission, you should contact us immediately.
7.9 User Accounts are not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitation, any person under the age of eighteen (18), to use or re-use Your User Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the Service and for any use of Your User Account by any other person or third-party in connection with Your User Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all rewards in their Account.
7.10 At our discretion, we may apply a limit to User Account registrations, for example one User Account per tablet, personal computer, IP address, mobile device, Payment Instrument or Alternative Payment Instrument.
7.11 We may require you to change your username or we may change your username.
7.12 It is your responsibility to maintain the confidentiality of your User Account (including without limitation your username and password), your Payment Instrument and Alternative Payment Instrument, and you are responsible for ensuring that they are only accessible by you. We shall not be liable for any loss or damage resulting from your failure to maintain such confidentiality.
7.13 You understand that you accept full responsibility for all activities through your User Account which includes without limitation any unauthorized use of your User Account and any activity linked to your User Account.
7.14 If you become aware that or have reasons to believe that the security of your User Account is threatened or may have been compromised or breached (which includes without limitation any loss, theft or unauthorized disclosure of your password or username), you agree that you shall notify us immediately via email at support@chipmaster.com, whereupon new identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Communix. Without limiting the foregoing, any transactions made and accepted within the Website where Your identifiers have been used (and where You have not previously notified Communix as provided herein) will be treated as valid.
7.15 We reserve the right to refuse to register a User Account or suspend or terminate a User Account at our discretion including without limitation if we suspect or determine that the User Account registered by you is not in your name. Furthermore, we may place limits on your User Account.
7.16 You agree that we are not liable for any loss or damage resulting from your failure to maintain the confidentiality of your User Account and we may assume that any communications received under through your Account have been made by you.
8. Inactive User Account
8.1 In the event you have not logged in to your User Account and played a Game for 45 consecutive days, we will deem your User Account as an "inactive account" ("Inactive User Account").
8.2 In the event that your User Account becomes an Inactive User Account and you possess any Sweep Coins in your User Account, we reserve the right to deduct 20% (twenty percent) of the Sweep Coins in your User Account each month until the earlier of: (i) you logging in to your User Account and playing a Game; and (ii) your Sweep Coins balance reaching 0 (zero).
9. Games
The are several types of Games made available on the Service in which You participate for the chance to win prizes. We reserve the right to modify or cancel game(s) and contest(s) at any time without notice to You.
Each of the Games, whether available via the classic or sweepstakes versions of the platform, may have their own specific rules. It is your responsibility to read and fully understand the rules of a Game before playing such Game.
Winners are determined by the objective criteria described in the Game rules, scoring, and any other applicable documentation associated with the Game. The Website and Games may not be used for any form of illicit gambling.
We reserve the right to declare any one play, spin, or other form of participation in a Game void, either partially or fully, if there is any error, mistake, misprint, or technical error.
Sweeps Play and Promotions
Sweeps Play is governed by the Communix Sweeps Rules and these Terms of Service. All other promotions we may offer from time to time are governed by these Terms. In the event of a conflict between these Terms and Communix’s Official Sweeps Rules, or promotion-specific terms, Communix’s Official Sweeps Rules, or promotion-specific terms, will prevail. For more information regarding Communix Sweeps Play, see the Communix Official Sweeps Rules.
Game Disputes
In the event of a dispute regarding the identity of the person submitting or participating in a Game, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her Jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration with the Service. By inputting a payment method, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account. It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.
In the event of a difference or discrepancy between the result shown on a User’s screen and the result shown on Communix’s software server, the result showing on the Communix software server shall be the governing result.
Communix reserves the right, in its sole and absolute discretion, to deny any contestant the ability to participate in any contests for any reason whatsoever. Further, Communix may, in its sole and absolute discretion, invalidate any contest result for the purposes of preventing abusive and/or any unfair or potentially unlawful activity, or in the event that there is a risk of any such abusive, illegal, or unfair activity.
Communix also reserves the right to cancel contests, in Our sole discretion, without any restrictions.
Communix, in its sole discretion, may disqualify You from a contest or the entire Service, refuse to award prizes and require the return of any prizes, or suspend, limit, or terminate your account if you engage in conduct Communix deems, in its sole discretion, to be improper, unfair, fraudulent, or otherwise adverse to the operation of the Service or in any way detrimental to other users. Improper conduct includes, but is not limited to: falsifying personal information, including payment information, required to use the Service or claim a prize; violating eligible payment method terms, including the terms of any cash rewards payment card, violating any of these rules, accumulating points or prizes through unauthorized methods such as unauthorized scripts or other automated means; tampering with the administration of the Service or trying to in any way to tamper with the computer programs associated with the Service; obtaining other entrants’ information and spamming other entrants; and abusing the Service in any way; or otherwise violating these Terms of Use. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent Communix from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
If for any reason the Service is not running as originally planned (, if the Website becomes corrupted or does not allow the proper usage and processing of entries in accordance with the rules, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in the sole opinion of Communix corrupts or affects the administration, security, fairness, integrity or proper conduct of the Service), Communix reserves the right, in its sole discretion, to disqualify any individual implicated in or relating to the cause and/or to cancel, terminate, extend, modify or suspend the Service, and Communix may select the winner(s) from all eligible entries received. If such cancellation, termination, modification, or suspension occurs, notification may be posted on the Website.
The failure of Communix to comply with any provision of these Terms due to an act of God, for example hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Communix or other force majeure event will not be considered a breach of these Terms.
Cheating
Communix endeavors to host fair Games and exercises reasonable efforts to create a level playing field and to detect and prevent cheating. Notwithstanding such efforts, there will be Users who attempt to cheat, and Communix does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Games at their own risk. Communix reserves the right to terminate a User’s Account and ban such individual from future participation in the Games without notice, forfeiture of winnings, and take any other actions in accordance with applicable state and federal laws if Communix suspects that a User is violating these Terms, including, without limitation, committing any of the following actions:
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Using or attempting o use automated tools, scripts software, bots, or other unauthorized software, hardware, or modifications to simulate a User or otherwise obtain an advantage over other Users;
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Exploiting vulnerabilities or glitches in the Games or Services;
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Directly or indirectly disabling, circumventing, or otherwise interfering with the operation of software designed to detect or prevent cheating; or
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Colluding with a User who is using unauthorized software, hardware, or modifications to obtain an advantage over other users.
The foregoing actions shall constitute a material breach of these Terms for which offending users will be liable to Communix for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.
10. Casual Chips, Sweep Coins and Virtual Goods
We permit virtual coins/chips to be used for accessing and playing Games. Two types of virtual coins/chips will be available to Users to play Games on both standard and sweepstakes platforms: Casual Chips and Sweeps Coins.
Casual Chips
10.1 Casual Chips can only be used on Casual Chips Game Play and you may only participate in Casual Chips Game Play, if you possess in your User Account a sufficient number of Casual Chips for playing the relevant Game in Casual Chips Game Play. The number of Casual Chips required for playing each Game in Casual Chips Game Play is displayed in the applicable Game rules.
10.2 At our discretion, you may receive Casual Chips in the following ways:
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Purchases: You may purchase Casual Chips through the Services.
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As a bonus for registering a User Account: You may receive Casual Chips, when registering a User Account for the first time.
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As a log in bonus: You may receive Casual Chips, if you log into your User Account at intervals determined by us.
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Daily Bonus: You may receive Casual Chips, if you log into your User Account daily.
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As an Hourly/Timely bonus: You may receive Casual Chips, if you take certain actions with respect to the Games as determined by us (by way of example only, spinning the wheel on a certain game every three hours).
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Additional Registration Method Bonus: You may receive Casual Chips if you provide us with additional registration information which we request.
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Invite a Friend Bonus: You may receive Casual Chips, if you refer an individual to register a User Account with us, as determined by us.
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Survey Bonus: You may receive Casual Chips, if you complete a survey as directed by us (by way of example only, if you complete the survey regarding the Site in the Apple App store).
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In Game Challenges and Tournament Bonus: You may receive Casual Chips, by completing challenges set by us with respect to certain Games, tournaments and mini games.
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Social Network Activity or Challenge No-Cost Giveaways: We may hold Causal Chips giveaway contests or challenges on the www.Pokerush.co social media pages, which you can enter by following the instructions provided in the relevant contest or challenge. These giveaways may require thesharing, liking, commenting or other interaction with a specific social media post, completing a challenge or answering various game related questions to be eligible for entry. The amount of Casual Chips given away in such contests and challenges will be stated on the applicable Casual Chips contest post or on the relevant www.chipmaster.com social media page and will be added to each contest or challenge winner’s User Account after the conclusion of the contest or challenge (as applicable). These contests and challenges may be subject to additional restrictions and rules as referenced in the contest materials at the time of the contest as well as the Terms of Service in effect at the time.
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Level Up Bonus: You may receive Casual Chips, if you play additional hands as determined by us in a social poker game.
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VIP Status Bonus: You may receive Casual Chips, if you reach certain VIP status milestones as determined by us.
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Store Promotion Bonus: You may receive Casual Chips, if you purchase a package through the Site's store which is eligible for a store promotion bonus.
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Other Promotions on the Site or on Social Media: You may receive Casual Chips through participating in and complying with various promotions on the Site or on social media. Please note that these promotions may be subject to additional restrictions and rules.
10.3 Please note that with respect to Sections 10.2.2 - 10.2.14 (inclusive), we may notify you of the specific actions you need to take and any additional terms and conditions through social networks, social media, app notifications, SMS or via the Site which includes without limitation through banners, the relevant Casual Chips Game Play or through the relevant Casual Chips Game Play lobby.
10.4 The amount of Casual Chips which are credited to you will be displayed in your User Account.
10.5 Casual Chips have no monetary value. Casual Chips cannot be withdrawn, transferred, exchanged and cannot be used to obtain Sweep Coins, Redeemable Sweep Coins, or Sweep Prizes. However, Casual Chips can be used to obtain certain Virtual Goods.
10.6 We may at any time remove, expire, limit, change, manage, regulate, control, modify or eliminate Casual Chips, whether generally or specifically to you and we shall have no liability to you with respect to the exercise of such rights.
10.7 You agree that you shall not transfer, attempt to transfer, assign, attempt to assign, sub-license, attempt to sublicense, sell, attempt to sell, give, attempt to give, trade or attempt to trade, Casual Chips. Any attempt by you to do any of the foregoing is prohibited and is void.
10.8 We may designate through the Site or Site Content a minimum and maximum number of Casual Chips which may purchased by you at any one time or over the course of a period of time, which may be amended by us at any time and without notice to you.
10.9 Upon selecting the Casual Chips to be used on Casual Chips Game Play and our acceptance of this, you cannot cancel the use of such Casual Chips. In addition, upon selecting the Casual Chips to obtain Virtual Goods and our acceptance of this, you cannot cancel the use of such Casual Chips. Following your purchase of Casual Chips we will draw funds from the Payment Instrument.
10.10 By purchasing Casual Chips, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, Casual Chips are not redeemable for any government-issued currency that is, such Casual Chips should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Service provided by Communix, or as otherwise expressly indicated by us.
10.11 If we determine that your posts or comments: (i) on any of the www.chipmaster.com social media pages are incorrect, damaging, libelous, illegal, defamatory, obscene, pornographic, sexual, offensive, abusive, indecent, threatening, bullying, spiteful, upsetting, harassing, hateful, or offensive or otherwise unlawful or prejudicial of any person or group on the grounds of race, religion, sex, sexual orientation, age or disability; or (ii) elsewhere, which are unfair, incorrect, damaging, harassing, bullying, spiteful or upsetting, which is directed at us, our representatives or other end users of the Services, we reserve the right to:
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remove the posts or comments;
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disqualify you from using the Casual Chips Game Play and Casual Chips;
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inform the operator or owner of the social media platform; or
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terminate or suspend your User Account.
Sweep Coins
10.12 Sweeps Coins are not available for purchase like Casual Chips. NO PURCHASE IS NECESSARY TO OBTAIN SWEEPS COINS.
10.13 Sweep Coins can only be used on Sweep Coins Game Play and you may only participate in Sweep Coins Game Play, if you possess in your User Account a sufficient number of Sweep Coins for playing the relevant Game in Sweep Coins Game Play. The number of Sweep Coins required for playing each Game in Sweep Coins Game Play is displayed in the applicable Game rules. Sweeps Coins may be obtained in several ways such as a gift upon creating an account, daily allowance provided upon login, as a gift to purchasing Casual Chips, a prize in participating in various Website or social media giveaways, or by submitting a Postal Request Card. See the Communix Official Sweeps Rules for more information on how to collect, use, and redeem Sweeps Coins.
10.14 The amount of Sweep Coins which are credited to you will be displayed in your User Account.
10.15 Sweep Coins can be used to play Sweep Game Play for a chance to obtain Redeemable Sweep Coins.
10.16 Sweep Coins have no monetary value. Sweep Coins cannot be withdrawn or transferred or exchanged, however, Redeemable Sweep Coins may be redeemed for Sweep Prizes.
10.17 We may at any time remove, expire, limit, change, manage, regulate, control, modify or eliminate Sweep Coins, whether generally or specifically to you and we shall have no liability to you with respect to the exercise of such rights.
10.18 You agree that you shall not transfer, attempt to transfer, assign, attempt to assign, sub-license, attempt to sublicense, sell, attempt to sell, give, attempt to give, trade or attempt to trade, Sweep Coins. Any attempt by you to do any of the foregoing is prohibited and is void.
10.19 Upon selecting Sweep Coins to be used on Sweep Coins Game Play and our acceptance of this, you cannot cancel the use of such Sweep Coins.
Virtual Currencies (i.e., the Casual Chips and Sweeps Coins)
All uses of Casual Chips and Sweeps Coins that have been submitted for play and accepted are final and cannot be changed, withdrawn, or canceled.
You may not transfer virtual currencies between accounts, or from your User Account to that of another. Further, you may not receive virtual currencies from other users into your User Account. Any attempt to circumvent these prohibitions may be grounds for termination of your User Account, without prejudice to any other rights or remedies available to us. We do not recognize any virtual currency transfers executed outside of the Service or the purported sale, gift, or trade in the “real world” of anything related to the Service. Accordingly, you may not sell virtual currency for “real world” money or otherwise exchange virtual currency for value outside of the Service. Any attempt to do so is in violation of these Terms and will result in a ban from the Service.
You agree that we have the absolute right to manage, regulate, control, modify, and/or eliminate such virtual currency as we see fit in our sole discretion, in any general or specific case, and that we will have no liability to you based on our exercise of such rights. You agree that you have no right or title in or to any virtual currency appearing or originating on the Service.
Virtual Goods
10.20 You can purchase Virtual Goods through by using Casual Chips.
10.21 The amount and types of Virtual Goods which are credited to you will be displayed in your User Account.
10.22 Virtual Goods have no monetary value. Virtual cannot be withdrawn and cannot be used to obtain Casual Chips, Sweep Coins, Redeemable Sweep Coins or Sweep Prizes. Virtual Goods can be utilized only as permitted by the Services.
10.23 We may at any time remove, expire, limit, change, manage, regulate, control, modify or eliminate one or more of the Virtual Goods, whether generally or specifically to you and we shall have no liability to you with respect to the exercise of such rights.
10.24 You agree that you shall not transfer (unless permitted by the Services), attempt to transfer (unless permitted by the Services), assign, attempt to assign, sub-license, attempt to sublicense, sell, attempt to sell, give, exchange (unless permitted by the Services) or attempt to exchange Virtual Goods (unless permitted by the Services). Any attempt by you to do any of the foregoing is prohibited and is void.
10.25 We may designate through Site or Site Content a minimum and maximum number of Virtual Goods which may obtained by you at any one time or over the course of a period of time, which may be amended by us at any time and without notice to you.
10.26 Upon selecting any Virtual Goods to be used through the Services and our acceptance of this, you cannot cancel the use of such Virtual Goods. Following your obtainment of Virtual Goods we will reduce your Casual Chips balance .
11. Sweep Prizes
Limitations
11.1 The minimum redemption request which you can make for cash which can be obtained by redeeming Redeemable Sweep Coins is 50 United States Dollars, which may be amended by us at any time and without notice to you.
11.2 We reserve the right to limit the amount of the Redeemable Sweep Coins which you redeem, per day or to any other amount at our discretion or which is required by applicable law, regulation or our service providers, as notified to you via the Services or in the User Agreement. Currently the maximum amount of Redeemable Sweep Coins, which you can redeem for Sweep Prizes, is capped at 10,000 USD per each 24 hour period.
11.3 Please Note: (i) Any Sweep Coins granted to you cannot be directly redeemed for Sweep Prizes and must be played at least once on the Sweep Coins Game Play before Sweep Prizes can obtained by using Redeemable Sweep Coins; and (ii) however, at our discretion, we may require that any Sweep Coins granted to you must be played a greater number of times in any combination of Sweep Coins Game Play before Sweep Prizes can obtained by using Redeemable Sweep Coins ((i) and (ii) collectively the "Play Through Requirements").
Obtaining Sweep Prizes
11.4 Sweep Prizes are not granted until obtained through redeeming Redeemable Sweep Coins, which is for the avoidance of doubt subject to Sections 11.1 - 11.3 (inclusive).
11.5 Only Redeemable Sweep Coins will offer the opportunity to redeem them for Sweep Prizes.
11.6 Each Redeemable Sweep Coin can be redeemed for Sweep Prizes, which is for the avoidance of doubt subject to Sections 11.1 - 11.3 (inclusive).
11.7 Upon redeeming the Redeemable Sweep Coins to obtain a Sweep Prize and our acceptance of this, you cannot cancel the redemption of such Redeemable Sweep Coins.
11.8 Redemption for Cash: If you redeem any Redeemable Sweep Coins for cash, subject to the User Agreement, we will pay such amount in USD to the Payment Instrument. If for any reason we cannot pay cash to the Payment Instrument we may choose to pay you via the Alternative Payment Instrument, which we at our discretion may select.
With respect to Redeemable Sweep Coins redeemed by you for cash, it is solely your responsibility to ensure that the details of the Payment Instrument or Alternative Payment Instrument (as applicable) is correct and up to date. If the redeemed cash does not reach you, as the details are not correct and up to date, we shall not be liable to reverse or re-issue the cash.
11.9 Redemption for Physical Sweep Prize (Except For a Digital Gift Card): If you redeem any Redeemable Sweep Coins for a Physical Sweep Prize, subject to the User Agreement, we will send the Physical Sweep Prize to the bricks and mortar address associated with your User Account when you select such Sweep Prize. If the Physical Sweep Prize is not delivered to you, we shall have no liability to you and for the avoidance of doubt we shall not be liable to provide you with a replacement Physical Sweep Prize.
11.10 Redemption for a Digital Gift Card: If you redeem any Redeemable Sweep Coins for a digital gift card subject to the User Agreement, we will send the gift card to the email address associated with your User Account when you select the gift card. If the gift card is not delivered to you, we shall have no liability to you and for the avoidance of doubt we shall not be liable to provide you with a replacement digital gift card.
Additional Redemption Provisions
11.11 No substitution, assignment or transfer of any Sweep Prizes is permitted, except by us. We reserve the right at our discretion to substitute any of the Sweep Prizes with another Sweep Prize of greater or equal value.
11.12 With respect to Sweep Prizes which are redeemed by you, which are to be sent to an email address or a bricks and mortar address, it is solely your responsibility to ensure that the email address and bricks and mortar address (as applicable) which is associated with your User Account when redeeming such Sweep Prize is correct and up to date. If a Sweep Prize does not reach you as the details are not correct and up to date, for the avoidance of doubt we shall not be liable to provide you with a replacement Sweep Prize.
11.13 PRIOR TO YOUR REDEMPTION OF ANY SWEEP PRIZES, YOU MAY BE REQUIRED BY US TO RETURN VIA THE SITE YOUR GOVERNMENTAL ISSUED IDENTIFICATION, YOU MAY ALSO BE REQUIRED TO SEND VIA EMAIL OR VIA THE US POSTAL SYSTEM TO US AN AFFIDAVIT/DECLARATION OF ELIGIBILITY AS PROVIDED BY US, A PUBLICITY/LIABILITY AGREEMENT/RELEASE AS PROVIDED BY US AND APPROPRIATE TAX FORMS, BY A DEADLINE SPECIFIED BY US. FAILURE TO COMPLY WITH THESE REQUIREMENTS (WHICH INCLUDES WITHOUT LIMITATION FAILING TO PROPERLY EXECUTE AND RETURN THE AFFIDAVIT/DECLARATION OF ELIGIBILITY AND THE PUBLICITY/LIABILITY AGREEMENT/RELEASE BY THE DEADLINE OR YOUR FAILURE TO PROPERLY COMPLETE THE TAX FORMS BY THE DEADLINE), AT OUR DISCRETION MAY RESULT IN DISQUALIFICATION AND YOUR FORFEITURE OF THE SWEEP PRIZE AND THE REDEEMABLE SWEEP COINS USED TO REDEEM SUCH SWEEP PRIZE.
11.14 WE SHALL HAVE NO LIABILITY TO YOU WITH RESPECT TO YOUR USE OF ANY SWEEP PRIZES.
11.15 IN THE EVENT THAT YOU REDEEM A PHYSICAL SWEEP PRIZE, ONCE IT LEAVES OUR OR OUR SUPPLIERS PREMISES, WE SHALL HAVE NO FURTHER LIABILITY TO YOU WITH RESPECT OF SUCH PHYSICAL PRIZE.
11.16 THERE MAY BE THIRD PARTY TERMS AND CONDITIONS WHICH APPLY TO THE SWEEP PRIZE WHICH YOU HAVE REDEEMED, WHICH INCLUDES WITHOUT LIMITATION AN EXPIRATION DATE. IT IS SOLELY YOUR RESPONSIBILITY TO BE AWARE OF AND COMPLY WITH SUCH THIRD PARTY TERMS AND CONDITIONS AND WE SHALL HAVE NO LIABILITY TO YOU IF YOU FAIL TO COMPLY WITH SUCH TERMS AND CONDITIONS.
11.17 IF YOU HAVE BEEN ISSUED A SWEEP PRIZE THAT DOES NOT BELONG TO YOU, THE VALUE OF THE MISTAKENLY ISSUED PRIZE WILL (WITHOUT PREJUDICE TO OTHER REMEDIES AND ACTIONS THAT MAY BE AVAILABLE TO US) CONSTITUTE A DEBT OWED BY YOU TO US. IN THE EVENT OF AN INCORRECT CREDITING, YOU ARE OBLIGED TO NOTIFY US BY EMAIL TO: support@chipmaster.com. WE RESERVE THE RIGHT TO DEDUCT FROM YOUR USER ACCOUNT OR OTHERWISE CHARGE OR ADJUST YOUR USER ACCOUNT TO CORRECT ERRORS.
12. Payments, Fees and Taxes
12.1 The Payment Instrument and Alternative Payment Instrument must:
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be solely in your personal name,
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lawfully belong to you; and
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be legally and beneficially owned by you.
12.2 If we discover or suspect that the name used to register your User Account is different from the name associated with your Payment Instrument or Alternative Payment Instrument, we reserve the right to terminate or suspend your User Account. We reserve the right to request documents and information to verify your identity and the legal beneficial ownership of the payment medium you use to make purchases.
12.3 The funds which you use to make purchases through our Services must not be linked to any illegality.
12.4 We may revise the pricing for Casual Chips at any time.
12.5 All purchases/payments are in United States Dollars, and it is your responsibility to ensure and confirm that your Payment Instrument and Alternative Payment Instrument can accept and process transactions in United States Dollars. When you purchase Casual Chips, it will appear on your statement as a purchase from Communix.
12.6 You are solely responsible for ensuring that the details of any Payment Instrument and Alternative Payment Instrument are accurate and correct. If you input the incorrect details of your Payment Instrument and Alternative Payment Instrument, and we process your Sweep Prize redemption using those details, the redemption of your Sweep Prize is considered complete and we are not required to reverse or reissue that Sweep Prize redemption, whether for cash or otherwise.
12.7 We may, from time to time, appoint one or more payment administration agents to accept or make payments from you on our behalf or to make payments to you on our behalf. In no event will we be liable to you for any loss, damage or liability resulting from the payment administration agent's acts or omissions.
12.8 In addition, we and any payment administration agents and payment facilitators which are used as part of the Services may store and keep your payment information (for example your card number or token) on file to process any future purchases you may make. By accepting and agreeing to these Terms of Service, you authorize us, the payment administration agents and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
12.9 You agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your User Account (even if not authorized by you).
12.10 If any of your purchases are returned or reversed or charged back, the amount of the applicable purchase will be a debt which you owe to us and you must immediately pay us such amount. We reserve the right to void any purchases which you make, and you will not be permitted to redeem any Redeemable Sweep Coins until we have received such amount.
12.11 Except as required by applicable law, all payments made by you to us are final and non-refundable. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.
12.12 You acknowledge and agree that all Currency will be forfeited and you will not be entitled to receive money or other compensation for unused Currency when an account is terminated or suspended for any reason, regardless of whether such termination or suspension was voluntary or involuntary, or if we discontinue providing the service of any particular game/contest.
Fees
12.13 We reserve the right to charge you processing fees with respect to transactions on the platform. The processing fees with respect to the purchase of Casual Chips will be charged to you in cash and the processing fees with respect to receiving Sweep Prizes will be charged to you in Redeemable Sweep Coins.
12.14 We may charge you a rake fee for the social poker style games which you participate in (“Rake Fee”), a commission for the social poker tournaments which you participate in ("Social Poker Tournament Commission") and a commission on the social casino mini games which you participate in ("Social Casino Mini Game Commission"). The Rake Fee, Social Poker Tournament Commission and Social Casino Mini Game Commission will be deducted from your: (i) Casual Chips balance, if you use Casual Chips to participate in the social poker style games, social poker tournaments or social casino mini games (as applicable); and (ii) Sweep Coins balance, if you use Sweep Coins to participate in the social poker style games, social poker tournaments or social casino mini games (as applicable).
12.15 You are responsible for all foreign exchange transaction fees, charges, or other related costs which are charged or incurred in relation to payments made to us or by us, including but not limited to any losses or costs arising from foreign exchange fluctuations.
Taxes
12.16 All payments made by you to us, and your redemption of any Redeemable Sweep Coins for Sweep Prizes and Sweep Prizes are exclusive of all taxes, duties, levies, charges and similar governmental assessments, including sales taxes, uses tax, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon, excluding taxes based on our net income (collectively “Applicable Taxes”), which you solely shall be responsible to pay.
12.17 All payments made by us, and the redemption of any Redeemable Sweep Coins for Sweep Prizes, such shall be inclusive of all Applicable Taxes which you solely shall be responsible to pay.
12.18 In addition, we reserve the right to charge you any Applicable Taxes or charge a fee to offset any Applicable Taxes.
12.19 In the event that under applicable law, we are required to deduct and withhold any amount from Sweep Prizes and to pay over to the relevant tax authorities, any amount on account of Applicable Taxes, any such amount deducted and withheld by the Company shall be deemed paid to you for all purposes hereunder.
12.20 You confirm to us, that you are not subject to backup withholding tax because:
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you are exempt from backup withholding;
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you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of a failure to report all interest or dividends; or
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the IRS has notified you that you are no longer subject to backup withholding.
12.21 Prior to your redemption in aggregate of 600 United States Dollars or more in Redeemable Sweep Coins over one calendar year we may suspend your ability to redeem Redeemable Sweep Coins, until you provide us with your address and social security details as well as any other information and documentation we may request. These details will be used to allow us to comply with tax regulations and may be shared with appropriate tax authorities and our third party service providers. If we do not receive such information and documentation, or at our sole discretion we believe that such information or documentation is incomplete, false or inaccurate, such suspension shall remain, until we have received such information to our satisfaction. For the avoidance of doubt, this Section shall in no way detract from our rights in Section 6 (Verification) nor from terminating or suspending your User Account.
12.22 You are solely responsible for filing and paying applicable state and federal taxes, duties, levies or fees on Casual Chips, Redeemable Sweep Coins and Sweep Prizes.
12.23 The Company may decide in its sole discretion whether or not it wishes to provide you with any details in connection with your individual tax filing obligations, or otherwise. We do not offer any tax advice. If you require any tax advice or assistance regarding tax matters, you should consult with an appropriate advisor, please see Section 13 (No Legal and Tax Advice).
13. We are not a Financial Institution
We are not a financial institution, and you will not treat us as a financial institution. You will not receive any interest on Virtual Currency and Virtual Goods. You are strictly prohibited from utilizing the Services to facilitate arbitrage through currency exchange transactions, and a violation of this prohibition may result in any gains being forfeited and deducted from your balance without warning or notification.
14. Promotions
14.1 From time to time, we may offer promotions or bonus offers, and we may vary or cancel any promotion or bonus offer (as applicable) at any time and without notice to you.
14.2 The promotions and bonus offers are subject to the User Agreement and promotion-specific terms and conditions made available to you (“Promotion Specific Terms”).
14.3 If we have reasonable suspicion that you are abusing or attempting to abuse a special offer or bonus offer (as applicable) or you have engaged in fraudulent or illegal conduct, then we may, at our discretion, deny, withhold or withdraw from you any special offer or bonus offer, either temporarily or permanently, or terminate or suspend your User Account.
15. Fraud or Illegal Conduct
15.1 You are not permitted to use the Site, Site Content, Casual Chips, Sweep Coins, Redeemable Sweep Coins or the Sweep Prizes for any fraudulent or illegal activity.
15.2 If in our sole discretion, we determine or suspect that you have engaged in or assisted in conduct which is fraudulent or illegal, we may terminate your User Account or suspend your User Account. The following are some examples of fraudulent or illegal conduct:
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using the Services in violation of any applicable law or regulation;
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where the source of funds used by you are illegal;
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providing tampered, false, misleading or inaccurate information or documentation to us;
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interfering with any other individual's use and enjoyment of the Services;
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chargebacks with respect to any purchase of Casual Chips;
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using another individual's account;
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using the Services or the Site commercially, for benchmarking or to compile information for a product or service which includes but is not limited to a competing product or service to the Services;
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abusing any bonus offer or bonus style system;
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using IP proxying (for example using a VPN) or other methods to disguise your location or the place of your residence;
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circumventing geographical restrictions placed by us;
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taking any action that could disable, overburden or impair the proper working of the Services or the Site;
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taking advantage of any software failure, malfunction or bug;
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using any software assisted methods or techniques (including but not limited to bots) to access the Services or play the Games;
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interfering with or disrupting the integrity or performance of the Services;
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using any robot, spider, scraper, or other automated means to access, harvest, or scrape the Services;
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scraping indexing, framing, linking, or copying any Site Content or information made available through the Services;
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any form of cheating or collusion;
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hacking the Site or Services;
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breaking into, accessing or attempting to break into or access or otherwise circumvent our security measures or systems, which includes but is not limited to circumventing our systems to use the Services or the Site when you have opted out from receiving our Services; and
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introducing viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material.
15.3 We shall be entitled to inform relevant authorities, other online service providers and banks, credit card companies, electronic payment providers or other financial institutions of your identity and of any suspected unlawful or fraudulent improper activity and you will cooperate fully with us to investigate any such activity.
16. Intellectual Property Rights and Restrictions
16.1 This Site and the Site Content are proprietary and is protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties.
16.2 You acknowledge and agree that all intellectual property rights in the Site, (including without limitation any technology, software, products, accounts, brand names, logos, graphics, music, virtual goods, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Site Content), Casual Chips Sweep Chips, Redeemable Sweep Coins and Virtual Goods shall remain at all times vested in the Company or its respective licensors and you shall not obtain any rights in any of the foregoing other than as stated in Section 5 (License).
16.3 You agree that you shall not reproduce or modify the Site (including without limitation any software, brand names, trademarks, service marks, trade names, design rights, database rights, layout, look and feel and the Site Content) or the Casual Chips, Sweep Coins, Redeemable Sweep Coins or Virtual Goods in any way, including by removing any copyright or trademark.
16.4 You must not:
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sell, assign, sublicense, transfer, distribute or lease the software used with respect to the Site or the Site Content;
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make the software of the Site or the Site Content available to any third party through a computer network or otherwise;
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copy, redistribute, publish, reverse engineer, decompile, delete, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code of the Site or the Site Content, or otherwise;
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access or use for any commercial purpose any part of or materials available through the Service.
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use the software of the Site or the Site Content in a manner prohibited by any laws or regulations which apply to the use of the software.
17. Chat Feature
17.1 As part of your use of the Services the Company may provide you with a chat feature via which you will be able to communicate with our end-user support. The Company reserves the right to review the chat and to keep a record of all statements made on such facility. Your use of the chat facility is subject to the following rules:
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you shall not make any statements that are sexually explicit or offensive, including without limitation those relating to bigotry, racism, hatred or profanity;
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you shall not make statements that are intimidating, abusive, defamatory or harassing or insulting;
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you shall not make any statements that fraudulent, unlawful or which breaches any law or regulation; or
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you shall not make any statements which are offensive.
17.2 Any content posted on or through the Service will be considered non-confidential and non-proprietary. By posting any content on or through the Service, Users grant Communix and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that: (i) Users own or control all rights in and to their content; (ii) Users have the right to grant the license granted above to Communix and its respective licensees, successors and assigns; and (iii) all of their content does and will comply with this Agreement.
17.3 Users understand and acknowledge that users are responsible for any content they submit or contribute, and users, not Communix, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Content becomes public information , can be collected, and used by others, and may result in the receipt of unsolicited messages from third parties. We discourage users from posting any personal information that can be used to identify or locate users, such as user addresses, e-mail addresses, or phone numbers. IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFABILE INFORMATION ON OR THROUGH THE SERVICE, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITED BY LAW, WE ARE NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD-PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE SERVICE.
17.4 In the event that you are in breach of Section 18.1 or you abuse the chat feature, we may at our discretion terminate or suspend your User Account, or terminate or suspend your use of the chat feature.
18. Publicity and Release
18.1 By using or engaging with the Service, unless prohibited by law, you irrevocably permit, authorize, grant, and license to the Authorized Persons the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use, your name, username, image, likeness, age, appearance, avatar, voice, opinions, videos, User Generated Content and photographs in perpetuity and all materials created by or on behalf of any entity of the Company that incorporate any of the foregoing in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created in connection with:
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the marketing or promotion of any entity of the Company's services, activities or offerings; or
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the development, production, distribution, marketing, promotion or exploitation of the Site, the Services, Casual Chips, Sweep Coins, or Virtual Goods as well as any of our future offerings.
You agree that engaging with the Service, constitutes complete compensation for the permit, authorize, grant, and license provided by you in this Section 19 and you agree not to seek any further consent or any royalty, payment, or other compensation.
19. Complaints and Decisions Regarding Games
19.1 In the event of a discrepancy between the result showing on your device and our server software, the result showing on our server software will be the official and governing result.
19.2 In the event that you have a complaint you can contact our Customer Support by e-mail: support@chipmaster.com. When contacting Customer Support, you must include:
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the email associated with your User Account at the time you send the complaint or claim (as applicable);
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your username, your full name associated with the User Account;
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a detailed explanation of your complaint or claim (as applicable); and
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all relevant information and supporting materials relating to your complaint or claim (as applicable) including any relevant dates, times and screenshots.
Your failure to submit any of the details may result in a delay in our ability to identify and respond to your complaint or claim (as applicable) in a timely manner.
19.3 Customer Support will review your claim and will endeavor to provide you with its decision within 28 days of you submitting your claim or complaint (as applicable). Our decisions shall be final and binding, subject to your right to invoke the process detailed in Section 27 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis).
20. Responsible Social Game Play
20.1 We are dedicated to fostering a secure and responsible social gameplay environment.
20.2 Please read the Policy on Responsible Social Gameplay to learn about how we help you maintain a balance between enjoyment and responsible social gameplay.
20.3 The Policy on Responsible Social Gameplay enables you to any time, request to take a break or terminate your User Account, through self-exclusion and set purchase limits for Casual Chips.
20.4 We do not accept any responsibility or liability if you seek to use or continue using the Site or Site Content, with the intention of deliberately avoiding the relevant security measures in place; or (ii) we are unable to enforce our Responsible Social Game Play measures or policies for reasons outside of our reasonable control.
21. Termination and Suspension of Your User Account
21.1 You shall remain responsible for any activity on your User Account until it is terminated.
How You can Terminate Your User Account
21.2 You can terminate your User Account by contacting Customer Support through email at support@chipmaster.com
21.3 You may also terminate your User Account by self-excluding from the Site in accordance with the Policy on Responsible Social Gameplay.
How We Can Terminate or Suspend Your User Account
21.4 We may at our discretion, suspend or terminate your User Account:
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for any reason we decide to discontinue to provide the Services in general;
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for any reason we decide to discontinue to provide the Services specifically to you;
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you are in breach of any provision in the User Agreement;
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we reasonably suspect that you are in breach of any provision of the User Agreement; or
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under Section 21.6.
21.5 Furthermore, we may terminate or suspend the User Agreement under Sections 6.2, 6.4, 6.6 (Verification), 7.5, 7.12 (User Account), 10.11 (Casual Chips, Sweep Coins and Virtual Goods), 12.2 (Payments, Fees and Taxes), 15.3 (Promotions), 16.2 (Fraud or Illegal Conduct) or 18.2 (Chat Feature) of the Terms of Service and Sections 3.5 (How to Collect Sweep Coins) or 13.2.4 (Additional Provisions) of the Sweepstakes Rules.
Consequences of Suspension of Your User Account
21.6 In the event your User Account is suspended we may still terminate your User Account under the User Agreement.
21.7 In the event that your User Account is suspended, you will not be able to play the Games, purchase or use Virtual Currency and Virtual Goods until at our discretion we decide to lift the suspension.
Consequences of Termination of Your User Account
21.8 In the event of termination of your User Account:
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all licenses granted to you under the User Agreement shall immediately terminate;
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you must cease using the Site, Site Content, Services, Virtual Currency, and Virtual Goods;
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you shall forfeit and we shall retain all Virtual Currency, and Virtual Goods in your User Account;
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at our discretion, you shall forfeit any prizes which have not been sent to you and we shall retain such prizes; and
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at our discretion, we may retain any or all of the balance in your User Account.
21.9 However, in the event of termination of your User Account, in accordance with Section 22.2 or 21.4, we may at our discretion, permit you to redeem any Redeemable Sweep Coins which you have not redeemed as of when your User Account is terminated within 21 days of termination of your User Account, which is for the avoidance of doubt, subject to the applicable provisions of the User Agreement which includes without limitation the limitations in Sections 11.1, 11.2, and 11.4-11.17 (inclusive) (Sweep Prizes) and Section 12.20 (Payments, Fees and Taxes).
21.10 If you terminate your User Account under Section 21.3, you may redeem any Redeemable Sweep Coins which you have not redeemed as of when your User Account is terminated within 21 days of termination of your User Account, which is for the avoidance of doubt, subject to the applicable provisions of the User Agreement which includes without limitation the limitations in Sections 11.1, 11.2, 11.4-11.17 (inclusive) (Sweep Prizes) and Section 12.20 (Payments, Fees and Taxes).
21.11 The rights set out in in this Section 22 are without prejudice to any other rights or remedies that we may have against you under the User Agreement or otherwise.
21.12 For the avoidance of doubt, if your User Account is terminated, the User Agreement will automatically terminate and if the User Agreement is terminated your User Account will automatically terminate.
21.13 Any provisions hereof which expressly or by their nature are required to survive termination or expiration of the Terms in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve that purpose. Without derogating from the generality of the foregoing, Sections 1 (Interpretation), 2 (Definitions), 11.11- 11.17 (Sweep Prizes), 12.9-12.12 (inclusive) (Payments, Fees and Taxes), 12.14- 12.22 (inclusive) (Payments, Fees and Taxes), 13 (No Legal and Tax Advice), 14 (We are not a Financial Institution), 17 (Intellectual Property Rights and Restrictions), 19 (Publicity and Release), 20 (Complaints and Decisions Regarding Games), 21.8 (Termination and Suspension of Your User Account), 21.9 (if applicable) (Termination and Suspension of Your User Account), 21.10 (if applicable) (Termination and Suspension of Your User Account), 21.11- 21.13 (Termination and Suspension of Your User Account), 23 (Disclaimer of Warranties), 24 (Errors, Malfunctions and Mistakes), 25 (Limitation of Liability), 26 (Indemnification), 27 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), 28 (Force Majeure), 29 (Third Party Sites) and 31 (General Provisions) of the Terms of Service and Section 7 (Verification of Potential Winners), 8 (Release), 9 (Further Limitations of Liability), 10 (Disputes) and 13.1-13.2 (inclusive) (Additional Provisions) of the Sweepstakes Rules shall survive termination of the of the User Agreement.
22. Disclaimer of Warranties
22.1 THE SITE, SITE CONTENT, VIRTUAL CURRENCIES, VIRTUAL GOODS, AND ANY PRIZES ARE PROVIDED ON AN “AS IS” BASIS AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR PROPRIETARY RIGHTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, SECURITY OF THE SERVICE, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE SERVICE, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE SERVICE.
22.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO WARRANTY THAT THE SITE, SITE CONTENT, VIRTUAL CURRENCIES, VIRTUAL GOODS, AND PRIZES (AS APPLICABLE):
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WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS;
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WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; AND
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WILL BE FREE FROM VIRUSES, WORMS, TROJAN HORSES, KEYBOARD LOGGES, SPYWARE, ADWARE, MALWARE, OTHER HARMFUL OR MALICIOUS COMPONENTS, OR OTHER DEFECTS.
22.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE MAKE NO WARRANTY:
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THAT DEFECTS OR ERRORS IN THE SITE, SITE CONTENT, VIRTUAL CURRENCIES, VIRTUAL GOODS AND SWEEP PRIZES WILL BE CORRECTED;
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AS TO THE ACCURACY, RELIABILITY OR USE OF ANY INFORMATION, CONTENT OR DATA PROVIDED ON OR THROUGH THE SITE OR SITE CONTENT; AND
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THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE.
23. Errors, Malfunctions and Mistakes
23.1 IN THE EVENT THAT THE SITE, SITE CONTENT OR SERVICES EXPERIENCE A SYSTEM MALFUNCTION ALL GAME PLAY SHALL BE VOIDED BY US AND WE MAY DEDUCT THE VIRTUAL CURRENCIES OR THEPRIZES GRANTED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH VIRTUAL CURRENCIES OR THE PRIZES GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR USER ACCOUNT.
23.2 IN THE EVENT OF AN ERROR OR MALFUNCTION OF A GAME, THEN ALL GAME PLAY RESULTING FROM THE ERROR OR MALFUNCTION WILL BE VOIDED AND WE MAY: (I) DEDUCT THE VIRTUAL CURRENCIES, GRANTED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH VIRTUAL CURRENCY, GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR USER ACCOUNT; AND (II) IF YOU HAVE UTILISED ANY VIRTUAL GOODS IN SUCH GAME, SUCH VIRTUAL GOODS WILL BE RETURNED TO YOU USER ACCOUNT.
23.3 WE RESERVE THE RIGHT TO DECLARE PARTICIPATION IN ANY OF THE GAMES VOID, PARTIALLY OR IN FULL, IF, IN OUR DISCRETION, WE DEEM THAT THERE WAS AN ERROR, MISTAKE, MISPRINT OR TECHNICAL ERROR IN THE GAME RULES, OR SOFTWARE AND WE MAY: (I) DEDUCT THE VIRTUAL CURRENCY, GRANTED TO YOU (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH VIRTUAL CURRENCY, GRANTED TO YOU (AS APPLICABLE) WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR USER ACCOUNT; AND (II) RETURN TO YOU USER ACCOUNT ANY VIRTUAL GOODS WHICH YOU HAVE UTLISED IN SUCH GAME.
23.4 IF YOU ARE INCORRECTLY GRANTED VIRTUAL CURRENCY, VIRTUAL GOODS OR ANY PRIZES (AS APPLICABLE) AS A RESULT OF:
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ANY HUMAN ERROR, TECHNICAL ERROR OR OTHERWISE;
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ANY ERROR MADE BY US OR ON OUR BEHALF;
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ANY BUG, DEFECT, VIRUS OR ERROR IN THE SITE, SERVICES OR SITE CONTENT; OR
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THE FAILURE OF ANY GAME TO OPERATE IN ACCORDANCE WITH THE RULES OF THE RELEVANT GAME,
THEN WE WILL NOT BE LIABLE TO GRANT YOU ANY SUCH VIRTUAL CURRENCY, VIRTUAL GOODS OR PRIZES (AS APPLICABLE) AND YOU AGREE THAT ANY SUCH VIRTUAL CURRENCY, VIRTUAL GOODS OR THE PRIZES GRANTED TO YOU (AS APPLICABLE), WILL BE VOIDED AND WE MAY DEDUCT SUCH FROM YOUR USER ACCOUNT.
24. Limitation of Liability
24.1 YOU AGREE THAT YOUR USE OF THE SITE, SITE CONTENT, SERVICES, VIRTUAL CURRENCY, VIRTUAL GOODS, AND PRIZES IS AT YOUR SOLE RISK.
24.2 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL ANT ENTITY IN THE COMPANY, BE RESPONSIBLE OR LIABLE TO YOU, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, ATTORNEY'S FEES, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO:
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YOUR ACCESS, USE, OR THE INABILITY TO USE, THE SITE, SITE CONTENT, VIRTUAL CURRENCIES, VIRTUAL GOODS, OR PRIZES;
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ANY ACT OR OMISSION BY US;
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ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR AS PART OF THE SITE CONTENT, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER END-USERS OF THE SERVICES OR THIRD-PARTIES;
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ANY CONTENT OBTAINED FROM THE SITE CONTENT;
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ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR
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ANY OTHER MATTER RELATING TO THE SITE, SITE CONTENT, SERVICESVIRTUAL CURRENCY, VIRTUAL GOODS OR PRIZES.
24.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY ENTITY IN THE COMPANY AGGREGATE LIABILITY EXCEED THE AMOUNT YOU PAID TO US FOR CASUAL CHIPS IF ANY, IN THE SIX MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
24.4 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, SITE CONTENT, SERVICES, VIRTUAL CURRENCY, VIRTUAL GOODS OR PRIZES OR THE USER AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
24.5 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE IN NO WAY SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS OR OTHER CONTRIBUTIONS POSTED ON OR THROUGH THE SITE OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY USER GENERATED CONTENT OR IN ANY INTERACTIVE AREAS OF THE SERVICES OR THE SITE) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED COMPANY REPRESENTATIVE.
24.6 THE LIMITATIONS OF LIABILITY IN THIS SECTION 25 (LIMITATION OF LIABILITY) SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
24.7 FURTHERMORE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU FURTHER WAIVE ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR INCREASED.
24.8 ADDITIONAL DISCLAIMERS MAY APPEAR WITHIN THE SITE CONTENT AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THE SERVICES, VIRTUAL CURRENCY, VIRTUAL GOODS, PRIZES OR THE SITE CONTENT, SUCH GREATER RESTRICTIONS SHALL APPLY.
24.9 BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES/JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
24.10 IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATIONS OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
24.11 YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE SECTION 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.
25. Indemnification
You agree on our first written demand to defend, indemnify and hold harmless, each entity in the Company and each of their respective officers, directors, employees, shareholders, stockholders, agents, partners, licensors, subcontractors, suppliers and representatives from and against all claims, demands liabilities, damages, losses, costs and expenses (whether direct, indirect, special, consequential, exemplary or punitive or other and including legal fees and attorney fees) and any other charges whatsoever, howsoever caused, that may arise as a result of:
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any activity related to your User Account;
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your breach of the User Agreement (including without limitation any breach of any warranty, representation undertaking and covenant, acknowledgement or agreement which you provide);
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your communications with other end-users of the Services or any other engagements between you and any other end-users of the Services;
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your breach of applicable laws or regulations;
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any fraud committed by you
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your access or use of the Site, Site Content, Services, Casual Chips, Sweep Coins, Redeemable Sweep Coins, Virtual Goods or Sweep Prizes;
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your infringement of any third party rights including without limitations any intellectual property rights;
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your User Generated Content or its use;
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your acceptance, receipt, use or misuse of any Sweep Prize;
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the payment of any funds from you to us; or
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your posts or comments on the Company's social media pages.
26. Service and Maintenance
We conduct maintenance work on systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that we may update the Service with or without notifying users. We also reserve the right to modify or discontinue operation of any aspect of the Service at any time, including without limitation the offering of the Games. We may also impose limits on certain features and offerings or restrict access to part or all of the Service with or without notice to Users and without liability to Users or any third-party. All problems encountered during the use of Service, including those with regard to User Accounts, etc., can be reported to Communix when the problem is encountered at support@chipmaster.com.
27. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION 27 CAREFULLY BECAUSE IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING REQUIRING YOU AND THE COMPANY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND THE COMPANY CAN SEEK RELIEF FROM EACH OTHER.
THIS SECTION 27 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) SHALL BE CONSTRUED UNDER AND BE SUBJECT TO THE FEDERAL ARBITRATION ACT, NOTWITHSTANDING ANY OTHER CHOICE OF LAW SET OUT IN THE USER AGREEMENT.
By agreeing to the User Agreement, and to the extent permitted by applicable law, you and the Company agree that any and all past, present and future disputes, claims or causes of action between you and the Company arising out of or relating to the User Agreement, the Site, Site Content, Services, Virtual Currency, Virtual Goods, Prizes, the formation of the User Agreement or any other dispute between you and the Company and whether arising prior to or after your agreement to this Section 27, (each a "Dispute") will be governed by the procedure detailed below in this Section 27.
You and the Company further agree that any arbitration pursuant to this Section 27 shall not proceed as a class, group or representative action.
27.1 Informal Dispute Resolution
Prior to your filing of a claim against the Company, you hereby agree that you will try and resolve the Dispute informally by contacting us at support@chipmaster.com.
Similarly, prior to the Company filing a claim against you, the Company agrees that the Company will try and resolve the Dispute informally by contacting you through the e-mail address associated with your User Account at the time of the Dispute (if such email has been provided).
If a Dispute has not been resolved within 45 days of the email stating that there is a Dispute is sent, you or the Company, may start the arbitration proceeding as detailed below.
27.2 Agreement to Arbitrate
By agreeing to the User Agreement, and to the extent permitted by applicable law, you and the Company each and both agree to resolve any Dispute – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as detailed in this Section 27.
27.3 30 Day Opt-Out of the Agreement to Arbitrate
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION SET FORTH ABOVE FROM THE DATE WITHIN THIRTY (30) DAYS YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”).
You may, at your discretion, opt out by sending written notice by e-mail to support@chipmaster.com with the subject line “ARBITRATION OPT-OUT” and including your first and last name, email address and postal address stating that you reject this arbitration agreement.
By opting out of the agreement to arbitrate in this Section 27, you will not be prevented from playing the Games, but you and the Company will not be allowed to invoke the mutual agreement to arbitrate to resolve any Dispute under the User Agreement otherwise provided herein.
In the event you exercise your right to opt out of the agreement to arbitrate, the limitations and restrictions applicable to litigation that are set out in this Section 27 shall continue to apply to you.
If you opt out of this agreement to arbitrate and at such time, you were bound by an existing agreement to arbitrate any Dispute arising out of or related to your use of or access to the Site, Site Content, Services, Virtual Currency, Virtual Goods or Prizes, that existing arbitration agreement will remain in full force and effect. This means that if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you.
ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION.
27.4 Arbitration Procedures and Fees
You and the Company agree that JAMS ("JAMS") will administer the arbitration under its Comprehensive Arbitration Rules and Procedures ("JAMS Rules") in effect at the time the arbitration is sought. The JAMS Rules are available at www.jamsadr.com.
Except as provided in Section 27.6 (Batch Arbitration), the arbitration shall proceed on an individual basis and shall be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference.
You and the Company agree that, unless and only to the extent prohibited under JAMS Rules or applicable law, the arbitration will be held in Wilmington, the State of Delaware in the USA or, at either party's election, the arbitration will be conducted telephonically or through other remote electronic means.
The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.
The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and Communix and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator.
27.5 Proceedings Requiring Three Arbitrators
Notwithstanding anything to the contrary in Section 27.4, if either party either seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other Company end-users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Rules .
Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge 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 27.5 shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or through the JAMS selection process – participate in the arbitral panel. You and the Company agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.
27.6 Batch Arbitration
To increase the efficiency of administration and resolution of arbitrations, in the event 25 (twenty five) or more similar arbitration demands against the Company are presented by or with the assistance or coordination of the same law firm or organization or group of law firms or organizations working in coordination are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Arbitration Rules”) shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Arbitration Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Arbitration Rules, including the authority to batch, consolidate, or otherwise group together individual arbitration demands into a single coordinated proceeding.
All provisions of this Section 27 that are not in conflict with the JAMS Mass Arbitration Rules, including the qualifications for the arbitrators, shall continue to apply.
27.7 Class Action and Collective Arbitration Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR THE COMPANY SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COORDINATED, CONSOLIDATED, OR COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS JUST STATED IN SECTION 27.6); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.
NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THE USER AGREEMENT, IN THE EVENT ALL OR ANY PORTION OF SECTIONS 27.5, 27.6 OR 27.7 OF THIS SECTION 27 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE (BUT NOT THOSE PROVISIONS OF SECTION 27 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.
27.8 Confidentiality
Except as may be required by law, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without prior written consent of both parties.
27.9 Exceptions to Agreement to Arbitrate For Temporary Relief
NOTWITHSTANDING THE OTHER PROVISIONS OF THIS SECTION 27 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS), EITHER YOU OR WE MAY BRING AN ACTION IN A COURT AS AUTHORIZED BY SECTION 31.9 (GENERAL PROVISIONS) FOR TEMPORARY INJUNCTIVE RELIEF UNTIL AN ARBITRATOR HAS BEEN EMPANELED AND CAN DETERMINE WHETHER TO CONTINUE, TERMINATE OR MODIFY SUCH RELIEF.
28. Force Majeure
We shall not be liable for any failure or delay in performing any of our obligations under the User Agreement for so long as, our performance is directly or indirectly prevented, hindered or delayed by a Force Majeure Incident.
29. Third Party Sites
29.1 The Site or Site Content may provide: (i) links which lead to websites and applications (which may be in the form of an advertisement); and (ii) advertisements which are not provided as a link, which offer products, services or other activities which are not owned, controlled or provided by us (collectively “Third-Party Sites and Advertisements”).
29.2 The Third-Party Sites and Advertisements are provided as a convenience to you and Third-Party Sites and Advertisements do not signify that we endorse or that we are in any way liable for the content, products, services, activities or materials displayed or offered by such Third-Party Sites and Advertisements.
29.3 Your use of such Third-Party Sites and Advertisements is at your own risk and shall be subject to the terms governing the Third-Party Sites and Advertisements.
29.4 You acknowledge that we have no liability for the Third-Party Sites and Advertisements. Any problems or complaints that you may have with regard to such Third-Party Sites and Advertisements should be directed to the party that owns or operates the Third-Party Sites and Advertisements.
29.5 You understand that when you click on the links any data which you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Sites and Advertisements.
29.6 You understand that the Third-Party Sites and Advertisements do not signify that we endorse or sponsor such Third-Party Sites and Advertisements.
30. iOS Terms
30.1 If you have downloaded the application from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge and agree that:
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The User Agreement is between you and the Company only and not with Apple;
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the Company is solely responsible for the application and the content thereof;
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you must use the iOS version of the application only on an Apple-branded product that runs iOS and which you own and control. Your use of the iOS version of the application must comply with the terms of use applicable to the Apple source from which you obtain it (including the “Usage Rules” set forth in the Apple App Store Terms of Service);
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you acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the application.
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you acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the application or your possession and use of the application, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the application infringes a third party’s intellectual property rights.
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in the event of any failure of the iOS version of the application to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the application (if any) to you; to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to the application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our responsibility, but only to the extent provided by the Terms;
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you warrant and represent that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
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you must comply with applicable third party terms of agreement when using the application; and
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Apple’s subsidiaries, are third party beneficiaries of the Terms of Service, and that, upon your acceptance of the terms and conditions of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service against you as a third party beneficiary thereof.
31. General Provisions
31.1 Conflicts: In the event and to the extent of any conflict between the User Agreement and any Promotion Specific Terms, the Promotion Specific Terms will govern.
Subject to the paragraph above in the event of any conflict between the Terms of Service, Sweepstakes Rules, Policy on Responsible Social Gameplay, the Terms of Service will govern solely to the extent necessary to necessary to resolve the conflict, unless there is an express statement to the contrary.
31.2 Entire Agreement: The User Agreement is the entire agreement between us in relation to the subject matter of the User Agreement and any prior agreement, understanding or arrangement between us, whether oral or in writing.
31.3 No Agency: Nothing in the User Agreement will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
31.4 Business Transfers: In the event we undergo a change of control, merger, acquisition, or sale of assets, your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
31.5 Assignment: You shall not assign, charge, transfer, delegate or sub-license any of your rights and obligations under the User Agreement. We reserve the right to assign, charge, transfer, delegate or sub-license any of our rights and obligations under the User Agreement to any third party without notice to you.
31.6 No Waiver: No failure or delay by us in exercising any right under the User Agreement shall operate as a waiver of this right. Similarly, any single or partial exercise of any right shall not preclude any further exercise of any of these rights or the exercise of any other right.
31.7 Severability: Any provision in the User Agreement which is found by any competent authority to be to be invalid, illegal or unenforceable, shall be amended in a manner consistent with applicable laws to reflect, as closely as possible, the original import of the invalid, illegal or unenforceable provision (or deleted if no such amendment is feasible), and such amendment or deletion shall not affect the enforceability of the other provisions of the User Agreement.
31.8 Governing Law: The parties agree that their entire relationship, the User Agreement (including without limitation its construction, validity, interpretation and enforceability) and your use of the Site, Site Content, Services, Virtual Currency, Virtual Goods, and Prizes, are governed by and shall be construed in accordance with the laws of the State of Delaware, USA without regard to its principles of conflicts of law. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded.
31.9 Jurisdiction: Subject to Section 27 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), the parties agree that any Dispute will be submitted exclusively to the courts in Wilmington in the State of Delaware, USA and you and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, the parties agree that either party may move to compel arbitration or to enforce an arbitral award issued hereunder before any court of competent jurisdiction.
EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITE, SITE CONTENT, SERVICES, CASUAL CHIPS, SWEEP COINS, REDEEMABLE SWEEP COINS, VIRTUAL GOODS, SWEEP PRIZES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
Circumvention: Users agree that they shall not circumvent or attempt to circumvent these Terms or the Service or otherwise interrupt or attempt to interrupt the operations of Communix (collectively, a “Circumvention Act”). If Communix determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Service, then, in such an event, We reserve the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.
Governmental Compliance
Communix’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Communix’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Service or information provided to or gathered by Communix with respect to such use.
THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Please visit this page regularly for updates to these Terms of Service.
Comunix Ltd, incorporated and registered in Israel with company number 515742617 and registered office at Nirim St 8, Tel Aviv-Yafo
