DATED: 30 August 2024
A. GENERAL PROVISIONS
a. The Game is under the ownership and management of TECH 2MLD INFRA PRIVATE LIMITED, referred to as the "Company".
b. The Terms and Conditions herein establish a legally binding agreement between yourself and the Company, applicable to the utilization of our Games or the Platform via electronic devices such as web, mobile, tablet, or any other.
c. PLEASE TAKE NOTE: THESE TERMS AND CONDITIONS CONTAIN A WAIVER OF THE RIGHT TO FILE CLASS ACTION LAWSUITS AND INSTEAD REQUIRE INDIVIDUAL ARBITRATION FOR DISPUTES BETWEEN YOU AND THE COMPANY, EXCEPT IF YOU OPT-OUT WITHIN THE SPECIFIED TIME LIMIT.
d. THE GAMES AND PLATFORM DO NOT SUPPORT GAMBLING WITH REAL MONEY, AND NO PAYMENT IS NECESSARY TO ENGAGE IN PLAY. ONLY INDIVIDUALS LOCATED IN THE UNITED STATES (EXCLUDING IDAHO AND WASHINGTON) AND CANADA (EXCLUDING QUEBEC) ARE QUALIFIED TO ENTER THE SWEEPSTAKES.
B. PARTICIPATION CLAUSES
a. You state and assure that:
- You are at least 18 years old or have reached the age of majority as defined by your jurisdiction, and are legally permitted to partake in the Games available on the Platform;
- You do not live in or access the Platform from the territories that are excluded;
- Your engagement in the Games is strictly personal, for amusement and entertainment solely;
- You are participating in the Games on your own accord and not as a representative of another person;
- All information provided to us during the validity of these Terms and Conditions is accurate, comprehensive, and up-to-date, with immediate notifications of any changes;
- You will not partake in any fraudulent, collusive, match-fixing, or other unlawful activities concerning your or third parties' participation in the Games, and will not use any automated or mechanical aids (such as bots) for playing the Games. We retain the right to nullify any participation found to be in violation;
b. It is incumbent upon the Player to ensure the legality of their participation within their jurisdiction. Any person who knowingly breaches clause 2, including attempts to bypass this restriction, for example, by employing a VPN, proxy, or similar service to conceal or manipulate the identification of their actual location, or by otherwise providing false or misleading information about their location or place of residence, or by participating from an Excluded Territory or through a third party, is in breach of these Terms and Conditions. Such actions may constitute fraud and be subject to criminal prosecution.
C. LICENSING AGREEMENT
a. Subject to your compliance with these Terms and Conditions, the Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and utilize the Platform and its Content via a supported web browser or mobile device, solely for personal, private entertainment purposes.
b. The Company also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to utilize the avatars available on the Platform.
c. PLEASE NOTE THAT THE COMPANY RESERVES THE RIGHT TO ADD OR REMOVE AVATARS FROM THE PLATFORM AT ITS SOLE DISCRETION, WITHOUT PRIOR NOTICE TO YOU. THE ACQUISITION OF AN AVATAR ENTAIL AN LICENSE TO UTILIZE IT FOR THE DURATION IT IS MADE AVAILABLE ON THE PLATFORM.
d. These Terms and Conditions do not bestow upon you any rights, titles, or interests in the Platform or its Content.
e. You acknowledge and agree that your license to use the Platform is confined by these Terms and Conditions, and should you not adhere to, or contravene, these Terms and Conditions, your license to use the Platform (including the Games and Content) may be terminated without delay.
f. Should the Platform or any Game be deemed illegal under the laws of the jurisdiction in which you are present, you will not be granted a license to access, and must refrain from accessing, the Platform or the relevant Game.
D. ACCOUNT INFORMATION
a. You are permitted to maintain only one Customer Account on the Platform, including any that are inactive. Any attempt to open more than one Customer Account may result in the suspension or closure of all such accounts.
b. You must immediately notify us if you become aware that you have more than one registered Customer Account, whether active or inactive. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO MODIFY YOUR EMAIL, ADDRESS, OR SURNAME.
c. You are required to keep your registration details current at all times. Should you change your address, email, phone number, or any other contact or personal information, contact Customer Support via the designated form and select ‘Request Support’ from the drop-down menu to update your details. The name you provide at registration must match the name on your government-issued identification.
d. It is your sole responsibility to ensure that your Customer Account login details and any associated Payment Mediums are secure and accessible only by you. You accept full responsibility for any unauthorized use of your Customer Account and any activities associated with it, including by a minor (which is strictly prohibited).
e. You must not share your Customer Account or password with another person, allow anyone else to access or use your Customer Account, or engage in any other conduct that may compromise the security of your Customer Account.
f. Should you become aware of, or reasonably suspect that the security of your Customer Account has been compromised, including loss, theft, or unauthorized disclosure of your password and Customer Account details, you must notify us immediately.
g. You are solely responsible for all activities that occur through your Customer Account, whether or not you were the one who performed those actions. You acknowledge that your Customer Account may be terminated if it is used by someone else in a manner that breaches these Terms and Conditions or is otherwise illegal.
h. We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure was intentional or accidental, active or passive.
E. FRAUDULENT ACTIVITIES
a. You agree not to engage in, directly or indirectly:
- Unauthorized access to any part of the Games or Platform;
- Attempts to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
- Deliberate introduction of harmful software or materials;
- Circumvention of the Games' structure to gain access to information not intended for public disclosure;
- Participation in any form of cheating or collusion.
F. INTELLECTUAL PROPERTY RIGHTS
a. The computer software, graphics, Platform, and user interface provided to you are owned by, or licensed to, the Company or its associates and are protected under intellectual property laws. Your use of the software is restricted to personal, recreational purposes in accordance with the rules, terms, and conditions we have established (including these Terms and Conditions and the Sweeps Rules), and in compliance with all applicable laws, rules, and regulations.
b. You acknowledge that the Company is the owner or authorized licensee of all intellectual property pertaining to the Content.
c. Your utilization of the Games and Platform does not grant you any intellectual property rights in the Content, Games, or Platform.
d. You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in any manner we deem fit, any information, images, videos, comments, messages, music, or profiles you publish or upload to any website or social media page controlled and operated by the Company.
e. You must not reproduce or modify the Content in any way, including by removing any copyright or trade mark notice.
f. All trade marks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trade mark and copyright laws.
G. PLATFORM INTERRUPTIONS
a. The Platform is offered "as is" and, to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, regarding the satisfactory quality, fitness for purpose, completeness, or accuracy of the Platform (including the Games and Content).
b. The Company is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to Game play, nor attempts by you to participate by methods, means, or ways not intended by us.
c. The Company accepts no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its Content, including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Platform or its Content, or any errors or omissions.
d. In the event of a Platform system malfunction, all Game play on that Platform is void.
e. The Company reserves the right to suspend, modify, remove, or add Content to the Platform at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension or discontinuance of the Platform (including any Game thereon), and you will have no claims against the Company in such regard.
f. We may temporarily suspend the whole or any part of the Platform for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Platform as soon as is reasonably practicable after such temporary suspension.
H. MARKETING COMMUNICATIONS
a. You consent to receive marketing communications from the Company regarding its offerings through email, post, SMS, and telephone notifications, from which you may unsubscribe at any time.
I. INDEMNIFICATION AND LIABILITY LIMITATIONS
a. You agree to indemnify and hold harmless us and our affiliates, and our respective partners, directors, officers, employees, shareholders, subcontractors, licensors, suppliers, and agents against any and all costs, expenses, liabilities, and damages (whether direct, indirect, special, consequential, exemplary, or punitive or other) arising from any participation by you, including without limitation.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULTS FROM OR RELATES TO YOUR PARTICIPATION OR ANY OTHER ACT OR OMISSION BY US.
J. VARIOUS PROVISIONS
a. These Terms and Conditions represent the entire agreement between you and us concerning your participation, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to your participation, except in cases of fraud.
b. The Company reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time. Any amendments will be published on the Platform and such changes will be binding and effective immediately.
c. Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms and Conditions, you must cease using the Platform.
d. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside of our reasonable control.
e. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions, and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intent of the invalid or unenforceable provision.
f. We consider these Terms and Conditions to be open and fair.
g. The Terms and Conditions take precedence over any communication via email or chat.
h. All correspondence between you and us may be recorded.
i. These Terms and Conditions are personal to you and are not assignable, transferable, or sublicensable by you except with our prior written consent. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder to any third party without notice to you.
j. These Terms and Conditions may be published in several languages for informational purposes and ease of access by players, but all versions reflect the same principles. It is only the English version that is the legal basis of the relationship between you and us, and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version will prevail.