Effective Date: 19.05.2022
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE BINDING ARBITRATION AND CLASS ACTION WAIVER SECTION IN SECTION 18 BELOW.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR PRODUCTS (as defined below). YOUR USE OF OUR PRODUCTS MEANS ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE PRODUCTS IN ANY MANNER
These Terms of Use (these "Terms") govern your use of our software, games, mobile applications, products, websites (including our domains provided by us) and services, features, and contests that we provide to you (collectively, "Products") of onlinegames Inc., a Delaware corporation ("onlinegames", "we" or "us"). By using our Products, you agree to be bound by and comply with these Terms and our Privacy Policy, which you can review at privacy.html. If you do not agree to these Terms or our Privacy Policy, do not use our Products. The Terms apply regardless of the device used to access the Products, including without limitation a personal computer, mobile device, consumer electronics device, or any other technology or software known today or developed in the future.
You may use our Products only if you can form a binding contract with onlinegames and you are not a person barred from receiving our Products under the laws of the United States or other applicable jurisdictions. Any access or use by anyone under the age of 13 is prohibited. If you are under the age of 18, you confirm that you are: (i) at least 13 years of age, (ii) either an emancipated minor or possess legal parental or guardian consent for using our Products, including making any payments that you authorize in our Products, and (iii) are fully able and competent to comply with these Terms and our Privacy Policy.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S USE OF OUR PRODUCTS, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY IN RESPECT OF YOUR CHILD’S USE OF OUR PRODUCTS. YOU ALSO AGREE THAT ANY PAYMENTS AUTHORIZED BY YOUR CHILD SHALL BE YOUR SOLE RESPONSIBILITY AND LIABILITY. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
If you are accepting these Terms and using our Products on behalf of a company, organization, government or other legal entity, then “you” includes you and that entity, and you confirm that you are authorized to bind that entity to these Terms and our Privacy Policy, and you agree to these Terms and our Privacy Policy on that entity’s behalf.
You are responsible for your username and password, your account and your use of our Products, and any consequences thereof, and your compliance with these Terms and our Privacy Policy. You are responsible for ensuring that any username you select does not infringe any third party’s rights or is otherwise unlawful. We may refuse to grant you or revoke a username in our sole discretion for any reason including if it impersonates or misleadingly implies an association with another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by us in our sole discretion. If you create an account with onlinegames or create a user profile with onlinegames (“Registration Data”) or submit any forms to onlinegames, you agree to provide complete, accurate and up-to-date information, and to update such information to keep it complete and accurate. You may use our Products only in compliance with these Terms, our Privacy Policy and all applicable laws, rules and regulations. If you provide any information that is inaccurate, not current or incomplete, or onlinegames has reasonable grounds to suspect that such information is inaccurate, not current or incomplete, onlinegames may deny you access to areas requiring registration or terminate your account, at its sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR REGISTRATION DATA, AND FOR ALL ACCESS TO AND USE OF YOUR ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES THAT ARE CONDUCTED AND ANY FEES OR CHARGES THAT ARE INCURRED THROUGH THE USE OF YOUR REGISTRATION DATA, AND/OR YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.
You may not use anyone else’s Registration Data or account at any time and you may not allow anyone else to use your username and password or account at any time. You agree that we will not be liable or responsible for any loss you may incur as a result of someone else using your Registration Data or account, either with or without your knowledge, and you further agree that you will be liable for losses incurred by us or another party due to someone else using your Registration Data or account. You will notify onlinegames immediately in the event of unauthorized use of, or any other breach of your Registration Data or account. onlinegames may require you to change your Registration Data or may unilaterally change your Registration Data.
You may establish, maintain, use and control only one account on our Products. Each account on our Products may only be owned, maintained, used and controlled by only one individual. For avoidance of doubt, users may not “co-own” accounts on our Products. In the event onlinegames determines that you have opened, maintained, used or controlled more than one account, in addition to any other rights that onlinegames may have, onlinegames reserves the right to suspend or terminate any or all of your accounts and terminate, withhold or revoke the awarding of any prizes.
You agree that the sole and specific purpose of registering an account on onlinegames is to participate in our Products. You acknowledge, consent and agree that onlinegames may access, preserve and disclose your Registration Data and Submissions (defined below) if we believe it is appropriate or necessary to enforce these Terms, the onlinegames Privacy Policy, Other Governing Document, or any other agreement with you; take precautions against liability or fraudulent, abusive, or unlawful uses; to investigate, respond to, and defend ourselves against third-party claims or allegations; to respond to court orders, judicial or other official government requests, subpoenas, or warrants in the manner legally required; to comply with U.S. state and federal laws and regulations, including but not limited to sharing with appropriate tax authorities, or other applicable laws around the world (for example, in the country of your residence); to protect the security or integrity of our Products; to respond to your requests for customer service; to report violations of onlinegames’S eligibility rules to third parties; and to protect the rights, property, or safety of onlinegames, our employees, our users, or others.
You represent and warrant that you own or control your computing device you use to use our Products, and understand that airtime, data, messaging and other charges from the provider of your computing device may apply. It is your responsibility to determine what costs apply, and to pay those costs. In addition, it is your responsibility to determine whether your computing device is compatible with our Products. We do not make any representations, warranties or guarantees that our Products will be compatible with, or accessible by, your computing device. onlinegames does not guarantee that our Products are available in all geographic locations.
You acknowledge and agree that we may collect, use and/or disclose for our business and other legitimate purposes data and information regarding you, your computing device and your use of our Products in accordance with these Terms and our Privacy Policy.
We appreciate your feedback, ideas and other suggestions about onlinegames and our Products ("Feedback"), which you have no obligation to offer. If you voluntarily choose to provide us Feedback, you agree that we are free to use it as we see fit and without any compensation or other obligation to you, you hereby grant onlinegames an irrevocable, perpetual, non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Feedback, and you irrevocably waive, and cause to be waived, against onlinegames and its users any claims of any moral or attribution rights in your Feedback.
Our Products are hosted and operated in the United States. If you are a user accessing our Products from any other jurisdiction with laws governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of our Products, which are governed by United States law, you are transferring your personal information to the United States and you consent to that transfer. We make no representations that our Products are appropriate or available for use in other locations.
Subject to your compliance with these Terms and our policies, including our Privacy Policy, we grant you a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use our Products for your own personal, non-commercial entertainment use. You agree that you are permitted to use the data, text, pictures, graphics, audio, video, icons, content, features, links, software, and Virtual Items and Virtual Currency (each as defined below), including any game themes, plots, sequences and characters, and other in-game items, available in, on or through our Products (collectively, the “Materials”) only when using our Products for your own personal, non-commercial entertainment use. All right, title, and interest in and to our Products (including the Materials), including all intellectual property and proprietary rights therein and thereto, but excluding the Submissions made available by you and other users, are and will remain the exclusive property of onlinegames and its licensors. onlinegames reserves all rights in and to our Products (including the Materials) not expressly granted to you under these Terms. Nothing in these Terms gives you a right to use the onlinegames name or any of the onlinegames trademarks, trade names, trade dress, logos, service marks and domain names with respect to our Products.
A user of our Products, including you, may create, display, post, publish, share, submit or transmit comments, notes or other information regarding our Products or use of or experiences with our Products (collectively, "Submissions") through forums, message boards or elsewhere in our Products. Your Submissions may be publicly viewable via the Products by other onlinegames users as well as generally on the Web. You should only make available Submissions that you are comfortable sharing publicly and for which you have no expectation of privacy. onlinegames strongly encourages you not to make available Submissions that contain your personally identifiable information, or your confidential or proprietary information. Any Submissions shall be deemed non-confidential. You are responsible and liable for your Submissions. You agree that your Submissions shall not violate these Terms. You represent and warrant that you either are the sole and exclusive owner of your Submissions or you have all rights, licenses, consents and releases that are necessary to grant to onlinegames and its users the rights in your Submissions as contemplated by these Terms; and neither your Submissions nor your creating, displaying, posting, publishing, sharing, submitting or transmitting of your Submissions or the use of your Submissions (or any portion thereof) on, through or by means of our Products will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law, rule or regulation.
By creating, displaying, posting, publishing, sharing, submitting or transmitting Submissions, you hereby grant onlinegames and its users a non-exclusive, worldwide, royalty-free, fully paid up, sublicensable and transferable license to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display your Submissions in any and all media or distribution methods (now known or later developed) for the purposes of developing, providing, operating, promoting and using our Products. In addition, you agree that this license includes the right for onlinegames to use, share or disclose your Submissions with companies, organizations or individuals that partner with onlinegames, and to further distribute your Submissions to a wider audience through third party sites and services. These uses may be made by or on behalf of onlinegames without any compensation or other obligation, whether of confidentiality, attribution or otherwise, to you. Nothing in these Terms shall restrict other legal rights onlinegames may have to user Submissions, for example, under other licenses. Following termination of your use of our Products, we may retain your Submissions for our business or other legitimate purposes, and for backup, archival or audit purposes. Furthermore, onlinegames’s users may retain and continue to access, use, store, copy, reproduce, modify, adapt, publish, create derivative works from, distribute, perform, process, transmit and display any of your Submissions that other users have stored or shared.
A Submission is the sole responsibility of the user who originated such Submission and each user is responsible for their own conduct while using our Products. onlinegames does not take any responsibility and assumes no liability for monitoring our Products for any inappropriate or illegal Submissions or other conduct of users made available through our Products including through forums, message boards, chat functions or elsewhere in our Products. We do not endorse, support, represent, warrant, guarantee or verify the appropriateness or legality of any Submissions or any other conduct of users of our Products. You understand that by using our Products, you may be exposed to Submissions or other user conduct that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, Submissions that have been mislabeled, are deceptive or otherwise unsuited to your purpose. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review your Submissions and other conduct to ensure that you are complying with these Terms and our policies, and to edit, refuse to post or remove Submissions at any time and for any reason that we believe violate these Terms or our policies. In any forums, message boards or chat functions, we also reserve the right, and have absolute discretion, to moderate any interactions and remove any participants, including you, at any time and for any reason that we believe violate these Terms or our policies. However, under no circumstances will we take any responsibility for the Submissions or other conduct of users of our Products made available through our Products.
Our Products, including the Materials, are evolving and may change from time to time without prior notice to you. We reserve the right to modify, suspend or discontinue our Products, including any Materials, or any features or parts thereof without prior notice. You agree that we will not be liable for any such modification, suspension or discontinuance.
You are solely responsible for your interactions (including any disputes) with other users of our Products. Even if we permit you to report users, block users or offer similar features in our Products, you will remain solely responsible for, and you must exercise caution, discretion, common sense and judgment in, using our Products and disclosing your personal information to other users. You agree to take reasonable precautions in all interactions with other users, particularly if you decide to meet a user offline or in person. Your use of our Products is at your sole risk and discretion, and we disclaim any and all liability to you or any third party relating thereto. We reserve the right to contact you, in compliance with applicable law, in order to evaluate compliance with these Terms. You agree to cooperate fully with onlinegames to investigate any suspected unlawful, fraudulent or improper activity, including granting authorized onlinegames representatives access to any password-protected portions of your onlinegames account.
In addition to the other restrictions outlined in these Terms, you will not create, display, post, publish, share, submit or transmit any Submission through our Products that:
In addition to the other restrictions outlined in these Terms, you will not do any of the following while using our Products:
A violation of this Section 5 may result in the removal of your content from our Products and/or the suspension or cancellation of your account or right and ability to use our Products. You acknowledge and agree that onlinegames may in its sole discretion remove any Submissions, block access to our Products or the content therein, and suspend or terminate any account at any time for any reason or no reason. To report abuse of the Terms, please contact us.
You acknowledge that our Products may include fictional credits or currency that can be used only with our Products ("Virtual Currency"), and the Virtual Currency may be used to gain limited rights to use virtual items for use exclusively within our Products ("Virtual Items").
If you acquire limited licenses to use Virtual Currency and Virtual Items from onlinegames, you agree that the Virtual Currency and the Virtual Items are provided solely for your own personal, non-commercial entertainment use, can only be used with our Products, and are not redeemable for any sum of money or monetary value from onlinegames or any other person or entity at any time. By acquiring Virtual Currency or Virtual Items, you receive a non-exclusive, non-sublicensable, non-transferable, revocable, limited license to use the Virtual Currency and/or the Virtual Items, as applicable, as part of your use of our Products for your own personal, non-commercial entertainment use. You agree that you do not have any right, title or interest in and to the Virtual Currency and the Virtual Items, except for the express license rights set forth in this Section.
THE VIRTUAL CURRENCY AND THE VIRTUAL ITEMS DO NOT HAVE ANY CASH VALUE, AND NEITHER onlinegames NOR ANY OTHER PERSON OR ENTITY HAS ANY OBLIGATION TO EXCHANGE YOUR VIRTUAL CURRENCY OR VIRTUAL ITEMS FOR ANYTHING OF VALUE, INCLUDING WITHOUT LIMITATION, NEGOTIABLE CURRENCY, AND IF YOUR ACCESS TO OUR PRODUCTS AND/OR YOUR ACCOUNT IS TERMINATED, WHETHER VOLUNTARY OR INVOLUNTARY, YOUR VIRTUAL CURRENCY AND VIRTUAL ITEMS SHALL HAVE NO VALUE.
Any balance of Virtual Currency or Virtual Items does not reflect any stored value. The use of Virtual Currency or Virtual Items within our Products may be limited as described in the applicable Other Governing Agreement. We reserve the right to control, regulate, change, remove, expire, limit, or modify any Virtual Currency or Virtual Items at any time without any liability to you. If your account is cancelled for any or no reason, you may forfeit any pending, current, or future Virtual Currency and Virtual Items and any other forms of unredeemed value in or associated with your account without prior notice to you.
We have the sole right to manage, modify and/or terminate the Virtual Currency and Virtual Items, and we shall have no liability to you or anyone else for the exercise of such rights. For example, we have the sole right to make all calculations regarding your balance of Virtual Currency, including the number of Virtual Currency that are credited and debited in connection with your use of our Products. While we strive to make such calculations on a consistent and reasonable basis, you agree that our determination of the amount of your Virtual Currency is final and binding, absent manifest fraud or error. In addition, we may impose a maximum balance of Virtual Currency acquirable with United States Dollars or other applicable currency that you can maintain with onlinegames at any given time.
Any unauthorized exchange, trade, transfer, purchase or sale of any Virtual Currency or Virtual Items (“Unauthorized Transactions”) to anyone, including other users of our Products is strictly prohibited. You acknowledge that onlinegames may terminate or reverse any Unauthorized Transaction, and may suspend or terminate your use of our Products if you engage or assist in any Unauthorized Transaction.
You acknowledge and agree that onlinegames shall have no liability for the loss of Virtual Currency and/or Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party or other user’s activity, including any Unauthorized Transactions. onlinegames may replace such lost Virtual Currency and/or Virtual Items under certain circumstances, at its sole discretion on a case-by-case basis, without incurring any obligation or liability to you or any other user of our Products.
We may revise the pricing for Virtual Currency and Virtual Items offered through our Products at any time. We may limit the total amount of Virtual Currency or Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Currency and Virtual Items that may be held in your account in the aggregate. You are only allowed to obtain Virtual Currency and Virtual Items from us or our authorized partners through our Products, and not in any other way.
onlinegames may offer contests through our Products that involve real money prizing (“Real Money Contests”). TO BE ELIGIBLE TO PARTICIPATE IN A REAL MONEY CONTEST, YOU MUST BE AT LEAST 18 YEARS OLD. ANY PARTICIPATION IN REAL MONEY CONTESTS BY ANYONE UNDER THE AGE OF 18 IS PROHIBITED.
Participation in a Real Money Contest is also governed by the applicable official contest rules. By participating in a Real Money Contest, you agree to the applicable official contest rules.
By participating in a Real Money Contest, you agree to provide us with a valid mailing address, date of birth, and Social Security number as well as any other information we may require in order to run appropriate identity checks and comply with applicable rules and regulations. If necessary, you may be required to provide appropriate documentation that allows us to verify you.
For users eligible to participate in Real Money Contests, while your account is pending verification, you may be able to participate in Real Money Contests, but you will not be able to withdraw any funds from your account until verification is complete. If we are unable to verify you, we reserve the right to suspend your account and withhold any funds until such time as we have been able to successfully verify you.
If you participate in Real Money Contests, all winnings you obtain will be added to your onlinegames account balance. These funds belong to you, subject to review for evidence of fraud, verification or other prohibited conduct as described above.
We also may conduct checks for Terms compliance, including anti-fraud checks on playing and Products usage patterns prior to processing a withdrawal, and we may request additional information before permitting a withdrawal. Subject to such checks, you may close your account and withdraw your account balance at any time and for any reason.
You agree to pay all fees and charges, including applicable taxes, incurred by you or through the use of your Registration Data, and/or the account registered to you. Unless otherwise indicated, all prices are in United States Dollars. If a price is in United States Dollars and if you are using a local currency, the actual amount charged to you may fluctuate based on currency exchange rates without notice to you. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges incurred plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR REGISTRATION DATA AND/OR YOUR ACCOUNT VIA THE PRODUCTS. onlinegames may revise the pricing for the Products and its components at any time. If onlinegames makes a change to the subscription price for a Product, we will let you know in advance. onlinegames provides no refunds for any purchases, except as expressly set forth below in this Section.
onlinegames may offer one or more of its Products on a subscription basis. If you purchase a Product subscription, then you are requesting that onlinegames begin supplying the subscription immediately and are entering into a subscription contract with onlinegames, which may be monthly or some other time period as agreed by you. You are also authorizing a charge in the amount of the subscription fee at the rate quoted at the time of purchase. For subscription services purchased through one of our Products played on a platform such as Apple, the applicable platform will charge you the subscription fee and the platform’s payment terms will apply. Please review the appropriate platform’s payment terms for additional information.
If you purchase a Product subscription, then your subscription will automatically renew each month or such other renewal period unless and until you terminate your subscription or onlinegames terminates your subscription. You must cancel your subscription before its next monthly or such other renewal period; otherwise, your payment of the next subscription fee will be taken automatically via your chosen payment method. You may cancel at any time by following the applicable cancellation instructions for the Product for which you purchased a subscription. If you are a resident of the European Union and you purchase a Product subscription, the subscription may be cancelled within 14 days from the date of purchase and you may obtain a refund of your initial payment minus a reasonable prorated portion to cover your use of the Product subscription prior to cancellation. Please review the appropriate platform’s cancellation terms for additional information.
We reserve the right to suspend, disable, cancel or terminate your subscription or convert your subscription account to a standard account at our discretion and without any notice. If we cancel your subscription, we will give you a prorated refund based on the amount of time remaining in your pre-paid subscription; provided, however, that we will not be obligated to grant you a refund if we terminate your account or your subscription because we determine, in our sole discretion, that your actions or your use of the Products violates these Terms or has harmed another user.
We reserve the right to charge fees for the right to use Virtual Currency or Virtual Items, and/or may distribute Virtual Currency or Virtual Items without charge, in our sole discretion. You agree that we may take any action that impacts the perceived value of or pricing for any Virtual Currency, Virtual Items and/or any of our Products at any time.
You may purchase limited licenses to use Virtual Currency and Virtual Items from onlinegames in accordance with these Terms, and you agree that all such purchases are final and non-cancellable. If you order licenses for Virtual Currency or Virtual Items that become unavailable before they can be provided to you, your only remedy is to request a refund of the purchase price from the payment processor of the transaction.
You expressly consent to the making available of Virtual Currency and/or Virtual Items immediately upon acceptance of your order. If you are a resident of the European Union and you purchase limited licenses to Virtual Currency or Virtual Items from us, the right to withdraw from such purchases within 14 days from the date of purchase (“Cooling Off Period”) may be available to you; however, this right of withdrawal will not apply where our performance begins before the end of the Cooling Off Period. Therefore, you expressly agree that if you order limited licenses to Virtual Currency or Virtual Items from us, your right of withdrawal is forfeited upon your acceptance as performance begins immediately on your acceptance.
You may be required to provide onlinegames or its designated agent, or the applicable platform through which you play our Product with your credit or debit card number or other payment information, and related billing information, in connection with your use of the Products, your purchase of Product subscriptions and/or your purchase Virtual Currency or Virtual Items. You may also have the option of participating in third-party offers to receive Virtual Currency. We are not responsible or liable to you for any card or bank-related charges and fees related to your transactions on our Products, or for your participation in any third party offers. All such transactions are administered by a third-party payment processor. onlinegames expressly disclaims any liability for any such transactions, and you agree that your sole avenue of recourse regarding such transactions is through any such third-party payment processor.
ALL PURCHASES WITH RESPECT TO THE PRODUCTS ARE FINAL AND NON-CANCELLABLE, AND UNDER NO CIRCUMSTANCES WILL BE REFUNDABLE, TRANSFERABLE OR EXCHANGEABLE, EXCEPT THAT (a) EU CUSTOMERS MAY CANCEL WITHIN 14 DAYS OF THEIR INITIAL PURCHASE AS EXPRESSLY EXPLAINED ABOVE, AND (b) VIRTUAL CURRENCY MAY BE EXCHANGED FOR VIRTUAL ITEMS.
You agree to pay all fees or charges incurred by you, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in United States Dollars. You represent to us that you are an authorized user of the chosen method of payment used to pay any fees or charges you incur plus all applicable taxes. YOU AGREE THAT YOU ARE FULLY LIABLE AND RESPONSIBLE FOR ALL FEES AND CHARGES MADE THROUGH YOUR USERNAME AND PASSWORD AND/OR YOUR ACCOUNT VIA THE PRODUCTS.
When you make purchases through either Apple iTunes service or the Google Play service, you agree to their respective Terms and Conditions. (http://www.apple.com/legal/internet-services/itunes/us/terms.html; http://play.google.com/intl/en_us/about/play-terms.html). If you are unsure about your rights in purchases made through either service, you should check with your respective service before making a purchase. All payment related requests related to such purchases should be directed to Apple or Google through their respective service, and are subject to their respective Terms and Conditions. We are not a party to any In-App Purchases and we have no obligation to, and cannot, provide refunds or credits (except as required by law). All sales of Virtual Currency and Virtual Items are final and charges paid by you are final and non-refundable, except as required by law.
You consent to receive notifications from onlinegames electronically. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner and you agree to keep your email address information current.