DATED: 22 October 2024
a. The Game is owned and operated by KINH THUAN COMPANY LIMITED (“Company”).
b. These Terms and Conditions constitute a legally binding agreement between you and us and govern your use of our Games or our Platform in any manner, through any electronic device (web, mobile, tablet, or any other device).
c. PLEASE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO RESOLVE PAST, PENDING, AND FUTURE DISPUTES BETWEEN YOU AND US THROUGH INDIVIDUAL ARBITRATION, EXCEPT IF YOU OPT OUT WITHIN THE SPECIFIED TIME FRAME.
d. THE GAMES AND PLATFORM DO NOT OFFER REAL MONEY GAMBLING, AND NO REAL MONEY IS NECESSARY TO PLAY. ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF IDAHO AND WASHINGTON) AND CANADA (EXCLUDING QUEBEC) ARE ELIGIBLE FOR THE SWEEPSTAKES.
a. You represent and warrant that:
√ you are at least 18 years old or the age of majority in your jurisdiction, whichever is higher, and are legally permitted to participate in the Games offered on the Platform under the laws applicable to you;
√ YOU DO NOT RESIDE IN OR ACCESS THE PLATFORM FROM EXCLUDED TERRITORIES;
√ you are participating in the Games solely for personal, recreational, and entertainment purposes;
√ you are participating in the Games on your own behalf and not on behalf of any other person;
√ all information provided to us during the term of these Terms and Conditions is accurate, complete, and up-to-date, and you will promptly notify us of any changes to such information;
√ you will not engage in any fraudulent, collusive, fixing, or other unlawful activities in relation to your or third parties' participation in any of the Games, and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;
b. It is your responsibility to ensure that your participation is lawful in your jurisdiction. Any person who knowingly breaches clause 2, including any attempt to circumvent this restriction, for example, by using a VPN, proxy, or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by participating from an Excluded Territory or through a third party or on behalf of a third party located in an Excluded Territory, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
a. Subject to your agreement and ongoing compliance with these Terms and Conditions, Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and the Content through a supported web browser or mobile device, solely for your personal, private entertainment, and no other purpose.
b. Company grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the avatars available on the Platform.
c. PLEASE NOTE THAT COMPANY MAY ADD OR REMOVE AVATARS AT ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO YOU. THE PURCHASE OF AN AVATAR IS THE PURCHASE OF A LICENSE TO USE THAT AVATAR FOR AS LONG AS IT IS AVAILABLE ON THE PLATFORM.
d. These Terms and Conditions do not grant you any rights, titles, or interests in the Platform or Content.
e. You acknowledge and agree that your license to use the Platform is limited by these Terms and Conditions, and if you do not agree to or act in contravention of these Terms and Conditions, your license to use the Platform (including the Games and Content) may be immediately terminated.
f. If the Platform or any Game is deemed illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to, and must refrain from accessing, the Platform or relevant Game.
a. You are allowed to have only one Customer Account, including any Inactive Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be suspended or closed.
b. You must notify us immediately if you notice that you have more than one registered Customer Account, whether active or not on any one Platform. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS, OR SURNAME.
c. You are required to keep your registration details up to date at all times. If you change your address, email, phone number, or any other contact details or personal information, contact Customer Support to update your details. The name you provide at registration must match that listed on your government-issued identification.
d. It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Mediums are kept secure and are only accessible by you. You accept full responsibility for any unauthorized use of your Customer Account and any activity linked to your Customer Account, including by a minor (which is prohibited in all events).
e. You must not share your Customer Account or password with another person, let anyone else access or use your Customer Account, or do any other thing that may jeopardize the security of your Customer Account.
f. If 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 anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity 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 is intentional or accidental, active or passive.
a. You will not, directly or indirectly:
√ hack into any part of the Games or Platform through password mining, phishing, or any other means;
√ attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
√ knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar harmful materials;
√ circumvent the structure, presentation, or navigational function of any Game to obtain information that Company has chosen not to make publicly available on the Platform;
√ engage in any form of cheating or collusion.
a. The computer software, computer graphics, Platform, and user interface that we make available to you are owned by, or licensed to, Company or its associates and protected by relevant intellectual property laws. You may only use the software for your own personal, recreational uses in accordance with all rules, terms, and conditions we have established (including these Terms and Conditions and the Sweeps Rules) and in accordance with all applicable laws, rules, and regulations.
b. You acknowledge that Company is the proprietor or authorized licensee of all intellectual property in relation to any Content.
c. Your use of the Games and Platform does not provide you with 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 whatever way we see 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 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.
a. The Platform is provided on an “as is” basis, and to the fullest extent permitted by law, we make no warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness for purpose, completeness, or accuracy of the Platform (including the Games and Content).
b. 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. 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 in 8.4. In the event of a Platform system malfunction, all Game play on that Platform is void.
d. 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 of or discontinuance of the Platform (including any Game thereon), and you will have no claims against Company in such regard.
e. 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.
f. We Both Agree to Arbitrate. By agreeing to these Terms and Conditions, and to the extent permitted by applicable law, both you and Company agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope, or severability of this agreement to arbitrate – through final and binding arbitration.
You consent to receive marketing communications from Company in respect of its offerings by way of email, post, SMS, and telephone notifications, any of which you may unsubscribe from at any time.
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 WHATSOEVER 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.
a. These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to your Participation.
b. 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 stop using the Platform.
d. 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 import of the invalid or unenforceable provision.
f. We consider these Terms and Conditions to be open and fair.
g. The Terms and Conditions prevail 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 information purposes and ease of access by players but will all 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.
