LAST UPDATED: APRIL 2, 2026
IMPORTANT NOTICES
WE HAVE UPDATED OUR TERMS, WHICH INCLUDE MAJOR UPDATES TO THE FOLLOWING SECTIONS:
• SECTION 6: USER ACCOUNT;
• SECTION 7: RESPONSIBLE GAMING POLICY, AND
• SECTION 12: DISPUTE RESOLUTION.
PLEASE CAREFULLY REVIEW THE ENTIRETY OF THE UPDATED TERMS, INCLUDING THE SPECIFIED SECTIONS ABOVE, BEFORE YOU PROCEED TO ACCESS OR USE OUR SERVICES.
These Terms of Service (the "Terms" or "TOS") form a legally binding contract between you (the "User" or "you") and Biagro, S.A. (the "Company," "we," "us," or "our"). These Terms govern your access to and use of our website, associated applications, the creation and maintenance of your user account, participation in games, and all interactions or transactions conducted on our platform (collectively referred to as the "Services").
THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT AND A WAIVER OF CLASS, COLLECTIVE, AND REPRESENTATIVE ACTIONS EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 12. THIS PROVISION MEANS THAT ANY DISPUTE OR CLAIM BETWEEN YOU AND THE COMPANY-WHETHER STEMMING FROM PAST EVENTS, CURRENTLY PENDING MATTERS, OR FUTURE OCCURRENCES-MUST BE RESOLVED SOLELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, AND ONLY FOR YOUR OWN ALLEGED LOSSES OR DAMAGES. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. YOU ARE NOT PERMITTED TO FILE, JOIN, OR OBTAIN RELIEF IN ANY CLAIM AS A CLASS OR COLLECTIVE REPRESENTATIVE OR MEMBER, OR AS PART OF ANY CLASS, COLLECTIVE, OR GROUP PROCEEDING (WHETHER PROPOSED OR CERTIFIED) EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 12. YOU ARE ALSO PROHIBITED FROM FILING OR PARTICIPATING IN ANY PRIVATE ATTORNEY GENERAL, QUI TAM, OR OTHER REPRESENTATIVE ACTION, AND YOU MAY NOT SEEK RELIEF ON BEHALF OF-OR FOR THE BENEFIT OF-ANY OTHER PERSON OR ENTITY IN ANY TYPE OF LEGAL PROCEEDING. BY AGREEING TO THE ARBITRATION PROVISIONS HEREIN, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO BRING CLAIMS IN A COURT OF LAW OR TO HAVE A JUDGE OR JURY DECIDE YOUR DISPUTE OR CLAIM.
YOU AGREE AND ACKNOWLEDGE THAT: BY REGISTERING FOR AN ACCOUNT WITH US (YOUR "ACCOUNT"), USING THE SERVICES IN ANY MANNER, CLICKING "I ACCEPT" BELOW, DOWNLOADING ANY APPLICATION, OR REGISTERING FOR OR PARTICIPATING IN ANY COMPETITIONS, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND ALL OBLIGATIONS THAT MAY BE INCLUDED IN EACH COMPETITION IN WHICH YOU PARTICIPATE IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) HAVE THE LEGAL AUTHORITY AND CAPACITY TO ACCEPT THESE TERMS. IF YOU DO NOT AGREE TO THE UPDATED TERMS, YOU MUST CEASE ACCESSING OR USING THE SERVICES IMMEDIATELY. YOU MAY DISCONTINUE USE OF THE SERVICES AT ANY TIME.
This platform does not involve real money gambling. No actual monetary payment is required to take part in any activities on the platform, and all services are offered exclusively for entertainment purposes only.
1. General Rule
• 1.1 Subject to your ongoing agreement with and compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services via a supported web browser or mobile device, exclusively for your personal, private entertainment and no other purpose.
• 1.2 We grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the avatars made available through the Services.
• 1.3 To be eligible to register an Account, participate in any Competition or use the Services, and/or download any Software, you must (a) be a natural person who is at least 18 years of age, and who is the sole individual associated with the email address submitted during Account registration; (b) have the legal capacity to enter into a binding contract with us; (c) be physically located in a jurisdiction where participation in the selected Competition is permitted and not restricted by the laws of that state or country; and (d) comply with these Terms at all times. If any of these eligibility requirements are not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without prior notice.
2. Modifications to Terms and Policies
• 2.1 Changes to the Terms. We reserve the right to revise these Terms at any time. Updated Terms will be posted via our Services. When updates are made to these Terms, we will provide notice to you through the Services or otherwise. Your continued access or use of the Services following the posting of updated Terms constitutes your acceptance of the revised Terms.
• 2.2 Changes to Incorporated Policies. The Privacy Policy and Responsible Gaming Policy (the "Incorporated Policies") may also be updated from time to time. You are responsible for reviewing any updated Incorporated Policies upon receiving notice of such changes. Your continued access or use of the Services indicates your acceptance of any updates to the Incorporated Policies.
• 2.3 Contact for Questions. For any questions regarding these Terms or the Incorporated Policies, please contact our customer support team via the "Contact Us" section available on our platform.
3. Playing Conditions
• 3.1
Virtual Items. The Services may feature virtual in-game items (the “Virtual Items”), which may be obtained either free of charge or by way of purchase. By accepting these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Services solely for your personal entertainment. You do not hold any ownership rights to Virtual Items or their associated features, other than the limited right to use them within the scope of the Services. If you breach any provision of these Terms, we reserve the right to revoke your license to use the Services. We may, in our sole discretion, manage, adjust, or remove Virtual Items at any time, and we shall not be held liable for any such actions.
The Services may include virtual in-game tokens, including but not limited to chips, coins, credits, or points, which may be offered for free or purchased through the Services. The Services provide the following Virtual Items:
i) Gold Coins: Gold Coins are used to play games for entertainment and to have the chance to win additional Gold Coins. Gold Coins have no monetary value and cannot be redeemed for prizes.
ii) Bonus: Bonus provides extra value by allowing players to participate in games. Players may receive Bonus as a reward when purchasing Gold Coin packages or through promotional activities. Bonus may be used to play games, and no purchase is required to obtain Bonus.
• 3.2 Transfer or Sale of Virtual Items. The transfer or sale of Virtual Items to any other individual is strictly prohibited. You are also not permitted to sell, assign, or transfer your Account to any third party. Any violation of this provision may result in the termination of your Account, the forfeiture of all Virtual Items linked to your Account, a potential permanent ban from our platform, and the initiation of legal proceedings against you.
• 3.3 Ownership of the Services. These Terms do not confer any ownership interest in the Services to you. The Services are licensed to you, not sold. We and our respective licensors retain all rights in and to the Services, including all intellectual property rights related to the Services. You agree not to remove or alter any proprietary notices displayed on or in connection with the Services.
• 3.4 Restrictions on Use. Unless explicitly permitted under these Terms, you shall not engage in the following acts:
• Sell, rent, or otherwise transfer any rights related to the Services to third parties
• Copy, modify, or create derivative works based on the Services
• Reproduce the Services in any format or medium
• Make commercial or unauthorized use of the Services
• Disassemble, decompile, or reverse engineer the source code of the Services (except to the extent required by applicable law)
• Make the Services accessible to multiple users via file-sharing or similar methods
• Misrepresent the origin or ownership of the Services
• Scrape content from the Services or create databases using such content
• Use the Services to harass others or infringe upon their legal rights
4. Eligibility
• 4.1 Age Requirement. To qualify for access to and use of the Services, you must be at least 18 years old or meet the higher minimum legal age of majority in your jurisdiction. Under applicable laws, you must be legally authorized to participate in the Games offered through the Services.
4.2 Prohibited Jurisdictions. You acknowledge that various laws, regulations, and rules governing contests, and tournaments with entry fees and/or prizes ("Gaming Laws") apply to your competition participation, and that such Gaming Laws vary by US state, country, territory, or jurisdiction. Accordingly, the Services prohibits Cash Competitions in jurisdictions where such competitions violate local Gaming Laws ("Prohibited Jurisdictions"), and if you are located in any Prohibited Jurisdiction, you are not permitted to participate in Cash Competitions.
Our games and related services are available within the United States, Canada, Germany, and Australia subject to the following restrictions:
• US: Arizona, Arkansas, Iowa, Louisiana, Maryland, South Carolina, Vermont, Connecticut, Florida, Michigan, South Dakota, Tennessee, Utah, Virginia, and Washington.
• AU: Queensland
• CA: Quebec.
It is your responsibility to determine whether your location is a Prohibited Jurisdiction. We, together with our developer partners, reserve the right (but are not obligated) to monitor your access location and may block access from Prohibited Jurisdictions on behalf of our developer partners. Each time you log in for a Cash Competition, you must accurately confirm your playing location.
• 4.3 Use Restriction. You participate in the Games strictly for personal recreational and entertainment purposes. You must participate on your own behalf, not on behalf of any third party.
• 4.4 Information Accuracy. All information you provide to us during the term of these Terms must be true, complete, and accurate. You must notify us immediately of any changes to this information.
• 4.5 Prohibited Activities. You will not engage in fraudulent, collusive, fixing, or other illegal activities related to your or third parties' game participation. You will not use software-assisted methods (e.g., automated bots) or hardware devices to participate in games. We reserve the right to invalidate your participation in case of such behavior. You will not sell, trade for value, attempt to sell or trade for value, or accept as a sale or trade for value any merchandise provided by us..
5. User Account
• 5.1 Account Uniqueness. You are only allowed one Account on our platform, including inactive accounts. Attempts to open more than one account may result in suspension or closure of all accounts you have opened or are attempting to open. If you discover multiple registered Accounts (active or inactive) on our platform, you must notify us immediately. Do not create a new Account to change your email, address, or surname..
• 5.2 Account Security. You are solely responsible for keeping your Account login details and payment methods secure. Only you should have access to them. You accept full responsibility for any unauthorized use of your Account and activities linked to it, including those by minors (which are strictly prohibited). Do not share your Account or password with others. Avoid any actions that may compromise account security.
• 5.3 Security Breach Notification. If you become aware of or suspect a security breach in your Account (e.g., password loss, theft, or unauthorized disclosure), notify us immediately. You are responsible for maintaining password confidentiality and will be held accountable for all uses of your Account. You are liable for all activities through your Account, whether or not performed by you. You acknowledge that your Account may be terminated if used by others to violate these Terms or engage in illegal activities.
• 5.4 Inactive Accounts. We reserve the right to close inactive Accounts. If there have been no transactions on your Account for 30 consecutive days, we may close your Account deemed as inactive.
• 5.5 Account Termination and Closure. You may submit a request to close your Account at any time. Upon closure, access to your Account will be disabled. You may also choose to self-exclude from the platform for a specified period or on a permanent basis, in accordance with these Terms. During your self-exclusion period, you will not be permitted to access the platform or register new Accounts. Any attempt to circumvent or bypass self-exclusion measures may result in permanent Account suspension. We reserve the right to block or terminate duplicate Accounts linked to the same individual.
Requests for Account deletion will be processed as Account closure requests. We may retain certain of your data as required under applicable laws, including, but not limited to, obligations related to anti-money laundering, fraud prevention, and regulatory compliance. Permanent self-exclusion is irreversible and cannot be undone under any circumstances. If you request Account closure under the Responsible Gaming Policy, or if we determine that Account closure is appropriate, we reserve the right to permanently delete your Account. Upon the closure or deletion of your Customer Account, only the remaining balance of any "Withdrawable Cash," where applicable, may be requested for withdrawal.
For any matters not explicitly addressed above, the Company reserves the right, in its sole discretion and to the maximum extent permitted by applicable law, to determine how remaining balances, Virtual Items, or other assets associated with your Account will be handled following suspension, closure, or termination. Such determination may include, but is not limited to, the retention, forfeiture, conversion, or other disposition of such balances or items, in compliance with relevant laws and regulations.
• 5.6 Discontinuance of Services. In the event of a discontinuance of the Services by the Company, notice will be provided to you promptly through the Services or by other reasonable means. As of the effective date of such termination, all user account data and any outstanding balances will be retained for a period of thirty (30) days only. During this retention period, you may submit requests to withdraw the balance of Withdrawable Cash (as provided below), if applicable. Any data or balances not claimed within such thirty (30)-day period shall be deemed irrevocably forfeited and abandoned by you.
6. Fees
• 6.1 Fees and Billing. Fees for participating in competitions ("Fees") and billing procedures are detailed in the billing application. By agreeing to these Terms, you consent to pay any Fees charged to your Account. All Fees are in US Dollars, prepaid, and non-refundable. You are responsible for all charges, deposits, and withdrawals under your Account, including unauthorized rules and policies. Service prices may change, but such changes will not affect past purchases.
• 6.2 Billing Practices. As an agent for our developer partners, we may update Fees and billing procedures by amending the billing application, with or without notice to you. By providing a payment method, you:
• Confirm authorization to use it and the accuracy of payment information;
• Authorize us to charge you for Services;
• Authorize us to charge for paid features you sign up for.
• We may bill you in advance, at purchase, or shortly after purchase, at our discretion.
• If you notice a billing error, notify us within 120 days for investigation.
• After 120 days, we and our developer partners are not liable for errors and may refuse refunds.
• If we identify a billing error, we will correct it within 90 days.
• You must cover reasonable costs (including attorneys' fees) incurred in collecting past-due amounts.
• 6.3 Cash Deposits. If you play games integrated into a Competition without depositing U.S. Dollars into your Account for that Competition, you shall be deemed a "Non-Cash Player" with respect to such Competition. However, if you play in a Competition that requires an entry fee paid in U.S. Dollars (a "Cash Competition"), you shall be deemed a "Cash Player," and if you maintain a positive Account balance for entry fees for Cash Competitions, you must submit and keep current at all times the following accurate and up-to-date information: your full name, your permanent residential address, your phone number, and your credit card or other payment method details. Participation in Cash Competitions may require you to maintain a positive Account balance in an amount determined by us or our developer partners. If you are a Cash Player, by submitting this information, you consent to us and our developer partners sharing your personal and payment information in confidence with third-party service providers for the purposes of verifying your identity, assessing the transaction risk associated with accepting your selected method of payment, and for any other purpose as detailed in our Privacy Policy.
6.4 Bonus. If you are a Cash Player, you may be awarded a bonus (the “Bonus”). Bonus may be used to enter Cash Competitions but cannot be withdrawn or used for any other Services. When you win a Cash Competition, you will be awarded “Withdrawable Cash,” which may be requested for withdrawal from your Account. If you do not enter any Cash Competition for a continuous 60-day period, all Bonus in your Account will be forfeited.
Players, without purchase, can obtain Bonus under the following AMOE (Alternative Method of Entry) instructions:
i) Method 1: Postal Request
Handwrite your return address and the words "Bonus Entry" on the envelope.
Include a Request Card (4" x 6" blank white paper) inside the envelope, containing:
-A unique Postal Request Code (obtained from your Account);
-Full legal name (as per government-issued ID);
-Registered email address;
-Residential address linked to your Account; and
-The following declaration: "I request Bonus to participate in promotions and agree to comply with the Terms of Service."
Each valid request grants 5 Bonus.
Mail the envelope to the following address: 1560 Broadway, 16th & 17th Floors, Denver, CO 80202.
ii) Method 2: Online Form Request
Contact customer support to request the AMOE online form.
Complete the form as instructed. The application form includes fields for name, email address, game account, and verification code. After submission, the application will be reviewed by our team (the processing time may be less than 48 hours). Upon approval, Bonus will be credited to your Account. If you have any questions regarding the application for free Bonus, please contact our customer support team first at: [email protected].
Important Notes: Bonus may be forfeited if your Account is closed or becomes inactive. Bots, fake identities, or third-party services to improperly obtain bonuses are strictly prohibited.
• 6.5 Withdrawable Cash. If you are a Cash Player and have won a Cash Competition, you may request a withdrawal of "Withdrawable Cash" from your available Account balance at any time. Cash Deposits and Bonus cannot be withdrawn from your Account. We reserve the right to freeze your Account and/or delay a request for the withdrawal pending the completion of any investigation into reported or suspected Abuse, verification of your eligibility, or compliance with applicable laws.
• 6.6 Refund Policy. No refunds will be given except as required by law.
• 6.7 Winnings Verification. To claim your winnings in the Games, you may be required to prove eligibility under these Terms. Failure to provide satisfactory proof may result in forfeiture of your winnings. We may reverse erroneous payments or request repayment, and you must cooperate with us. We may adjust payments to correct overpayments without notice.
• 6.8 Credit Card/Payment Processor Use. By using a credit card, you confirm you are the authorized user. Promptly notify us of any changes to your credit card details (e.g., number, expiration date, billing address). We are not liable for unauthorized use of your payment methods. Attempts to defraud or fail to pay legitimate charges may result in account termination, forfeiture of your winnings, or legal action.
7. Responsible Gaming Policy
• 7.1 Responsible Play Guidelines. To foster responsible gaming practices, we encourage you to adhere to the following principles:
• Regard gaming as a form of entertainment and engage in gameplay in a responsible manner
• Maintain control over the amount of time you spend playing and all transactions involving in-game Virtual Items
• Refrain from using gaming as a means of escaping personal or real-life challenges
• Preserve a healthy balance between gaming and other real-world activities, duties, and commitments
• Ensure that gaming does not interfere with your work, family responsibilities, or other important obligations
• Avoid playing games while under the influence of alcohol or illegal substances
• Cease gameplay if you experience discomfort or believe you are losing control over your gaming habits
Maintaining control over your gameplay behavior helps ensure that gaming remains a positive and enjoyable experience.
• 7.2 Player Self-Control Tools. To support responsible gaming, we provide tools to assist you in managing your gaming activity, including the ability to set personal daily spending limits for Virtual Items.
You may also contact our customer support team to request additional responsible gaming measures, which may include:
• Temporary suspension of your Account
• Self-exclusion for a specified period
• Permanent closure of your Account
During any self-exclusion period, you will not be able to access your Account or take part in any gameplay activities. These tools are designed to help you maintain control over your gaming behavior and encourage responsible use of the Services.
• 7.3 Resources For Gaming Addiction. If you have concerns about your own gaming habits or those of another individual, you may utilize the following resources and steps for support:
• Professional Assistance: Consider consulting a qualified medical or mental health professional for guidance and support related to gaming behavior
• Educate Yourself: Gaining knowledge about responsible gaming practices and behavioral disorders can help you recognize potential risks and warning signs of problematic gaming
• Community Support: Support organizations may offer guidance and peer-based assistance. For example, Gaming Addicts Anonymous provides community support and resources, which are available at: https://www.gamingaddictsanonymous.org/
• 7.4 Process of Self-Exclusion. You may voluntarily request self-exclusion from the Services at any time by contacting us at [email protected]. To process your self-exclusion request, you must provide your full name, residential address, and registered email address to enable us to verify your identity and restrict access to your Account. Once your request is verified, your Account will be blocked from accessing the Services for a minimum self-exclusion period of three (3) months. Your Account will not be reopened during this period under any circumstances. After the minimum self-exclusion period has expired, you may submit a written request via email to reactivate your Account. Any request to reinstate a self-excluded Account will be subject to a seven (7) day cooling-off period, which begins on the date we receive your request.
Once we verify your request and identity, we will take reasonable steps to restrict access to your User Account and prevent further gaming activity. While we implement appropriate security measures to enforce self-exclusion, no system can be guaranteed to be fully effective in all circumstances. Accordingly, we rely on your cooperation and commitment to abide by the terms of the self-exclusion process.
During a self-exclusion period, access to your Account will be restricted, including the suspension of daily login access, login rewards, and other related Account activities. After receiving your self-exclusion request, we will review and process the request within a reasonable timeframe following verification of your identity and the details you have provided. You will receive a confirmation email once your self-exclusion request has been finalized. We strongly recommend that you log out of your Account immediately after submitting your self-exclusion request and refrain from accessing our Services or related social media channels until the self-exclusion process is fully completed.
Please note that if you continue to use your Account after submitting a self-exclusion request but before the request is fully processed, you will remain fully responsible for all activity on your Account during that time, including the purchase of Virtual Items.
• 7.5 Detection of Problematic Behavior and Account Suspension. We continuously monitor and review user activity within the Services. If we identify any unusual or inappropriate behavior that violates these Terms or any Incorporated Policies, we may take immediate action, without requiring a self-exclusion request from you, to limit access to your Account. This may include suspending daily logins, login rewards, and other related account functions. We also reserve the right to continue monitoring your in-platform behavior and Account activity to help reduce problematic conduct on our platform.
8. Verification
• 8.1 Verification Checks. We may conduct any necessary verification procedures, which may include credit background checks. You are required to cooperate fully and without delay with all such verification processes.
• 8.2 Restriction on Account. We reserve the right to impose restrictions on your Account until all verification checks have been completed to our full satisfaction.
• 8.3 Required Documents. For verification purposes, we may request that you provide various documents, including, but not limited to, government-issued identification documents, utility bills, and proof of financial means.
• 8.4 Failure to Provide Documents. If you fail to submit the requested verification documentation within 40 days of the request being made, we reserve the right to suspend or restrict access to your Account.
• 8.5 Third-Party Service Providers and Location Services. We may engage the services of third-party providers to assist with our verification processes. In certain cases, we may also require you to enable Location Services on your device.
9. Intellectual Property
• 9.1 Ownership of Intellectual Property. All intellectual property rights associated with the Services are owned by us or our authorized licensors.
• 9.2 No Ownership Rights in Games. Your use of the Services does not confer any ownership rights over any related intellectual property. Game code, visual and functional design, gameplay concepts, and all similar elements remain our exclusive property.
• 9.3 Ownership of User Accounts. You do not hold any ownership or proprietary interest in your Account. All rights pertaining to your Account are retained by us in their entirety.
10. Third-Party Services
• 10.1 Third-Party Links and Charges. The Services may contain hyperlinks to third-party content. You are solely responsible for any fees or obligations incurred as a result of your use of such third-party services. We assume no responsibility or liability for the content or offerings of these external providers.
• 10.2 No Endorsement. The inclusion of links to third-party websites on the Services does not constitute our endorsement or approval of such sites. We make no warranties or representations regarding the quality, accuracy, or reliability of any third-party content.
• 10.3 Responsibility for Third-Party Websites. We do not exercise control over, and are not liable for, the operation, content, or privacy practices of third-party websites. It is your sole responsibility to review the terms of service and privacy policies of such third-party websites before using their platforms or services.
• 10.4 No Liability for Third-Party Products and Services. We shall not be held liable for any damages or losses resulting from your use of third-party products or services. Any issues or claims related to such third-party products or services are the sole responsibility of the relevant third party.
11. Disruptions and Errors
• 11.1 General Disclaimer. The Services are provided on an "as is" and "as available" basis. We make no warranties or representations that the Services will operate without interruption, that any errors will be rectified, or that the platform is free from viruses or other harmful components.
• 11.2 Exceptions. Certain jurisdictions may not permit the exclusion of certain warranties. In such jurisdictions, our warranties and liability shall be limited only to the fullest extent permitted by applicable law.
• 11.3 Service Interruptions. We shall not be held liable for any service disruptions or errors that may occur in connection with the Services.
• 11.4 Damages and Losses. We accept no responsibility or liability for any damages or losses you may suffer in connection with your use of the Services.
• 11.5 System Malfunction. In the event of a system failure or malfunction, all related gameplay activity shall be deemed null and void.
• 11.6 Game Errors. If a technical error occurs during a game, all gameplay associated with that error shall be invalidated.
• 11.7 Suspension of Service. We may temporarily suspend the Services for any reason in our sole discretion. Where it is reasonably possible to do so, we will provide you with prior notice of such suspension.
• 11.8 Void Participation. We reserve the right to declare your participation in any game null and void if errors, irregularities, or other problematic circumstances arise in connection with such game.
• 11.9 Discrepancy Resolution. In the event of a dispute or inconsistency regarding game results, we will determine the final and official outcome of the game in our sole discretion.
12. Dispute Resolution
• 12.1 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to Colorado's conflict-of-law rules. Unless you and the Company agree otherwise, and to the maximum extent allowed by law, any disputes or claims that are not subject to arbitration (excluding small claims court matters), as well as any actions seeking to enforce or challenge the arbitration agreement or any part of this Section 12 ("Dispute Resolution") or the Terms overall, must be brought exclusively in the state or federal courts located in Denver County, Colorado, United States.
Both you and the Company agree to the exclusive jurisdiction of these courts and waive any objections related to personal jurisdiction, venue, inconvenient forum, or any other grounds, including any right to transfer the case to another court.
• 12.2 Mandatory Informal Dispute Resolution. If any Dispute (as defined below) arises between you and us, both parties agree to complete this mandatory informal resolution process before either side may file for arbitration. The party bringing the Dispute must provide the other party with a formal written notice (the "Notice") containing all of the following details: (1) clear information identifying all relevant accounts, games, and transactions involved; (2) a full, detailed explanation of the Dispute's nature and legal or factual basis; (3) the specific remedy or relief being requested, including a good-faith calculation of any claimed amounts; and (4) the submitting party's full contact information (name, physical address, email address, and phone number).
The Notice must bear the original personal signature of the party asserting the Dispute (and their legal counsel, if the party is represented). If you have a Dispute against us, you must send the Notice to [email protected]. If we initiate a Dispute against you, we will deliver the Notice to the most up-to-date contact information we have on file for your account.
For 60 calendar days following the date a Notice is received, both parties (and their legal representatives, if applicable) will cooperate in good faith to attempt to resolve the Dispute informally. Complying with this process is a required precondition to starting arbitration. All applicable legal time limits (including statutory limitations periods) will be paused from the date the Notice is received until the informal resolution process concludes or the Dispute is withdrawn. If a disagreement arises about whether the Notice is sufficient or whether the informal process has been properly completed, either party may submit that question to a court with proper jurisdiction for a final ruling, and any ongoing arbitration will be put on hold. The court will have authority to enforce this pre-arbitration requirement, including issuing orders to block or pause arbitration filings, proceedings, and the charging or collection of arbitration fees.
Nothing in this section restricts either party from raising claims related to a breach of this process during any arbitration proceeding.
• 12.3 Mandatory Arbitration Agreement. Any dispute, claim, or disagreement arising from or related to these Terms, the Services, or your relationship with the Company shall be governed to the fullest extent allowed under the Federal Arbitration Act (all such matters defined as a "Dispute"). All Disputes will be resolved exclusively through binding arbitration administered by JAMS, following its current Streamlined Arbitration Rules, plus any applicable Mass Arbitration Procedures and Guidelines (collectively, the "JAMS Rules"), as modified by these Terms. The full JAMS Rules are available at www.jamsadr.com/adr-rules-procedures.
The definition of a Dispute applies broadly and includes: (1) any claim or dispute that arose before these Terms-or any prior version of our terms-took effect; (2) any claim or dispute tied to an existing class action lawsuit where you are not a member of a certified class; and (3) any claim or dispute that may arise after these Terms end.
Exceptions to mandatory arbitration apply as follows: (1) Either you or the Company may file an individual claim in small claims court, provided the matter stays in small claims court as a personal claim and is not moved or appealed to a higher court of general jurisdiction; (2) Both parties retain the right to file a court action in a qualified jurisdiction to stop infringement or misuse of intellectual property (including patents, trademarks, copyrights, and trade secrets); and (3) Individual claims for personal injury, bodily harm, or wrongful death are not subject to arbitration. Only the small claims court may first decide if a claim falls within its jurisdictional limits; any final review of that decision rests with a court of competent jurisdiction. The arbitrator will resolve all issues except those explicitly reserved for a court under these Terms.
A demand to start arbitration must bear the personal signature of the initiating party (and their legal counsel, if represented). This demand must also include a formal certification confirming full compliance with the Mandatory Informal Dispute Resolution process outlined above. By submitting an arbitration demand, the initiating party and their counsel confirm adherence to the requirements of Federal Rule of Civil Procedure 11(b), as applied in federal court. The arbitrator and any appointed Process Administrator may issue sanctions against represented parties and their counsel under Federal Rule of Civil Procedure 11.
Arbitrators and Process Administrators will be selected using a strike-and-rank method, unless both parties agree otherwise. An in-person or virtual hearing will be held for any Dispute seeking $25,000 or more in damages, or requesting injunctive relief. For claims under $25,000 with no request for injunctive relief, either party may request a hearing, which the arbitrator may approve or deny at their discretion. All in-person hearings will take place in your county or parish of residence, or another reasonably convenient location chosen by the arbitrator. Both you and a Company representative must attend all hearings in person (with legal counsel, if retained).
An arbitrator may award any individual remedies a court could grant, including injunctive or declaratory relief-but only for the specific individual bringing the claim, and only to the extent needed to resolve that party's personal dispute. Unless required by law or agreed otherwise in writing, both parties may only pursue claims against each other in their individual capacity. Neither party may file or participate in class actions, collective lawsuits, private attorney general claims, or representative proceedings. The arbitrator cannot combine multiple individuals' claims or oversee any class, collective, or representative arbitration unless both parties consent. The arbitrator must enforce these Terms exactly as a court would.
If, after all appeals are exhausted, any prohibitions on non-individual injunctive/declaratory relief or class-style proceedings are ruled unenforceable for a specific claim (such as a request for public injunctive relief), that single claim will be decided in a court of competent jurisdiction after all other claims in the matter are resolved through arbitration.
Parties may file dispositive motions during arbitration. The arbitrator will issue a detailed written ruling explaining their key findings and conclusions, and will apply the cost-sharing rules set out in Federal Rule of Civil Procedure 68 once an award is finalized. An arbitration award will not limit or impact any unrelated arbitration or legal proceeding where you are not a named party. All arbitration fees will follow the published JAMS Rules and fee schedule.
Additional Mass Arbitration Procedures-These streamlined rules also apply if you join a "Mass Arbitration." A Mass Arbitration occurs when 25 or more similar Disputes (including yours) are filed against the Company by the same or coordinated legal counsel, or are otherwise grouped together. For all Mass Arbitrations:(1) The parties and their counsel will organize arbitration demands into randomized groups of no more than 100 claims each; any remaining smaller number of claims will form a final group;(2) Claimants' counsel will submit grouped demands to JAMS in the format required by the arbitration provider;(3) JAMS will charge one set of filing and administrative fees per group, assign one arbitrator per group via the strike-and-rank process, and follow all legal disclosure and disqualification rules;(4) JAMS will schedule one case management conference for each group;(5) The arbitrator will resolve every claim in a group on an individual basis;(6) No final arbitration award will restrict or affect any separate arbitration matter.
JAMS will administer all grouped arbitrations efficiently at a reasonable pace. You and your counsel agree to cooperate in good faith with the Company and JAMS to follow this grouped administration and fee structure. Regardless of conflicting terms, grouped arbitrations will hold in-person hearings-or virtual hearings if both parties agree. The parties may also choose to resolve arbitrations solely through written submissions.
For all Mass Arbitrations, a Process Administrator will be selected via strike-and-rank to resolve preliminary administrative issues under the JAMS Rules. All legal counsel will collaborate throughout the process to improve efficiency, adjust group sizes as needed, and escalate matters to the Process Administrator to keep proceedings fair, affordable, and streamlined. This grouped Mass Arbitration process is a core part of this arbitration agreement. If a court of competent jurisdiction rules this grouped process unenforceable for your Dispute (with all appeals finalized), the parties will work with a Process Administrator to create a fair, cost-effective, streamlined staged process for resolving the Dispute.
If the Company updates this arbitration agreement in the future (excluding minor informational changes only), you may reject the revisions by sending a personally signed written opt-out notice by mail to 1560 Broadway, 16th & 17th Floors, Denver, CO 80202 within 30 days of being notified of the change. This opt-out only applies to the updated terms-it does not allow you to opt out of arbitration entirely. By rejecting future changes, you confirm all Disputes between you and the Company will be arbitrated under the original version of this agreement you accepted.
• 12.4 Waiver of Class Action Rights and Jury Trial. To the fullest extent permitted by applicable law-and except as explicitly set out in Section 12.3-both you and the Company agree that all proceedings, whether in arbitration or court litigation, will proceed only on an individual basis. No claim may be brought or pursued as part of a class action, collective action, private attorney general claim, or any other representative proceeding.
You and the Company each waive all rights to file, join, or participate in any such group proceeding, whether in arbitration or in court, to the maximum extent allowed by law. Notwithstanding this waiver, both parties retain the right to take part in a court-approved class-wide settlement. Additionally, to the fullest extent permitted by applicable law, you and the Company each irrevocably waive any right to a jury trial for any Dispute arising under these Terms.
13. Indemnity and Limitation of Liability
• 13.1 General Limitation. To the maximum extent permitted by law, we, our subsidiaries, affiliates, officers, employees, agents, partners, and licensors are not liable for any direct, indirect, incidental, special, consequential, or punitive damages (including personal injury, property damage, data loss, loss of use, etc.) arising from:
• Your access to or inability to access Services;
• Third-party conduct/content on Services;
• Reliance on Services or content;
• Unauthorized access or alteration of materials.
• 13.2 Legal Limitations. In jurisdictions where certain liability exclusions are prohibited, the above limitations may not fully apply to you. These limitations are to the maximum extent permitted by applicable law and do not supersede mandatory consumer rights. Our aggregate liability and that of our affiliates are limited to the amount permitted by law.
• 13.3 Technical Issues Disclaimers. We are not liable for damages caused by viruses, bugs, system failures, or network issues affecting Service access. We cannot guarantee continuous, secure access.
• 13.4 Third-party Liability.
We are not liable for damages, claims, or expenses related to third-party content, products, or services. You waive and release us from liability for third-party acts/omissions in connection with your use of Services.
• 13.5 Indemnification. You agree to indemnify and hold us harmless from any claims by third parties arising from your use of Services, violation of these Terms, or infringement of laws/third-party rights. These Terms do not exclude your liability for compensation as required by law.
14. Miscellaneous
• 14.1 Entire Agreement. These Terms constitute the entire agreement between you and us regarding your participation. They supersede all prior communications and proposals, except in cases of fraud.
• 14.2 Intellectual Property Retention. Using the Services does not grant you ownership of any intellectual property rights provided through the Services. All game-related intellectual property belongs to us or third-party providers.
• 14.3 Taxes. You are solely responsible for any taxes on prizes received from participation in the Games.
• 14.4 Force Majeure. We are not liable for delays or failures in performance due to events beyond our reasonable control.
• 14.5 Severability. If any part of these Terms is held illegal, invalid, or unenforceable, that part is severable, and the rest remain in full force.
• 14.6 Assignment. These Terms are personal to you and may not be assigned without our prior written consent. We may assign our rights and obligations to third parties without notice to you.
• 14.7 Business Transfers. In the event of a merger, acquisition, sale of assets, or other corporate transaction involving the Company, your Account and related data may be transferred to the successor entity as part of such transaction.
• 14.8 Waiver. Our failure to enforce any provision of these Terms at any time shall not be construed as a waiver of our right to enforce that provision or any other provision of these Terms at any subsequent time. No waiver of any provision of these Terms shall be deemed a waiver of any prior, concurrent, or subsequent breach of that provision or any other provision.
• 14.9 Survival. Several provisions in these Terms shall survive termination, including but not limited to: Sections 5, 7, 9, 10, 12, 13, and 14.
• 14.10 Customer Service. If you need customer service in relation to the Service, you may contact us by email at [email protected].