TERMS OF USE
DATE: September 19, 2024VERSION: 1.0
IMPORTANT INFORMATION ABOUT BINDING AND FINAL ARBITRATION
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT,” WHICH SAYS THAT YOU AND CG AGREE TO RESOLVE DISPUTES SOLELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT CLASS-WIDE OR CONSOLIDATED BASIS. AMONG OTHER THINGS, THIS MEANS YOU WAIVE THE RIGHT TO RESOLVE DISPUTES IN COURT OR BEFORE A JURY. THESE TERMS OF USE ALSO CONTAIN A LIMITATION ON THE TIME
PERIOD YOU HAVE A RIGHT TO BRING A CLAIM AGAINST CG AFTER THE RELEVANT EVENTS HAVE OCCURRED.
YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. SEE THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT” BELOW FOR INSTRUCTIONS ON HOW TO OPT OUT.
Clavis Gaming LLP hosts an interactive and social platform regarding Clavis Gaming LLP’s gaming resource in the social and wager gaming industries through this engaging interactive application/website “Website (Clavis Gaming), Apps (Web Applications & Mobile Applications). The following governs your access and use of CG, including both the WEBSITE and the GAMING Platforms, all information, games, accounts, multimedia, comments, and other information and/or any other content (collectively, “Content”) available on or through CG, as engaged by you or other Players. For convenience, the term “CG,” shall include CLAVIS GAMING LLP, its executives, directors, employees, contractors and affiliates.
BY ELECTRONICALLY ACCESSING CG, CREATING A PLAYER ACCOUNT ON CG ASSOCIATED GAMING PORTALS AND/OR ENGAGING IN ANY OF THE INFORMATIONAL OR INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH CG, YOU AGREE:
- YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF USE AND LEGAL NOTICES CONTAINED HEREIN; AND
- YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE, OFFICIAL SWEEPSTAKES RULES, PRIVACY POLICY, RESPONSIBLE SOCIAL GAMEPLAY POLICY AND LEGAL NOTICES; AND YOU ARE AT LEAST 18 YEARS OLD AT THE TIME OF ACCESS OR REGISTRATION.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE CG OR ANY OF THE CONTENT. MOREOVER, CG DOES NOT AND WILL NOT
GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE CG OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
CG reserves the right, in its sole discretion, to revise or modify these Terms of Use at any time. Users are responsible for reviewing CG’S Terms of Use periodically. Your continued accessing CG or any informational or interactive media services by or through CG after a change or modification of the Terms of Use will constitute your acceptance of the revised Terms of Use. The date of the most recent Terms of Use will be posted at the top of this document.
PLEASE NOTE THAT THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE IS NOT A LOTTERY OR GAMBLING ACTIVITY AND YOU ACKNOWLEDGE THAT CG DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE.
YOU HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
- GENERAL PERMISSIONS AND RESTRICTIONS: CG hereby grants you permission to access and use CG as set forth herein, provided that:
- You agree not to alter or modify any part of CG, except as provided herein.
- You agree not to access CG Content through any technology or means other than the authorized webpages and/or applications designated by CG , or other explicitly authorized means CG may designate in writing.
- You agree not to use CG for any commercial use without the prior written authorization of CG. Prohibited commercial uses include any of the following actions taken without CG’s express approval: (1) sale of access to CG or its related services on another website; (2) use of CG or its related services for the primary purpose of gaining advertising or subscription revenue; (3) the sale of advertising, on the CG website or
any Third-Party Website, targeted to the content of specific CG Content; and (4) any use of CG or its related services that CG finds, in its sole discretion, to use CG Content with the effect of competing with or displacing the market for CG or CG Content.
- Prohibited commercial uses do not include any use that CG expressly authorizes in writing.
- Where expressly allowed by CG, if you use any CG Content on another website, you must include a prominent text link back to CG on the pages where the CG Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized CG Content.
- You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses CG in any manner. Notwithstanding the foregoing, CG grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. CG reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information, including CG Player Account names, from CG, nor to use the communication systems provided by CG (e.g. comments, messaging, etc.) for any commercial solicitation purposes.
- You agree that you will participate in the Games strictly in your personal capacity for recreational and entertainment purposes only, and you will participate on your own behalf only and not on behalf of any other person.
- You will otherwise comply with the Terms and Conditions contained herein, and all applicable local, national, and international laws and regulations.
- CG reserves the right to discontinue any aspect of CG at any time. 2. LICENSE:
- You agree that by accessing, browsing or otherwise using CG, CG and the Content are and remain the sole property of CG or third-party providers, as applicable. Except as expressly permitted by CG in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view CG and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by CG) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted to upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
- Unless otherwise provided in writing by CG, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, use in a manner prohibited by applicable laws or regulations, decompile or disassemble any aspect of CG or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.
- It is a Player’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any Player who is knowingly in breach of sections 1, 2, and/or 3 of these Terms, 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.
3, ADDITIONAL PLAYER RESTRICTIONS: In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on CG.
- The Content on CG, including without limitation, the Games, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to CG or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on CG is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. CG reserves all rights not expressly granted in and to CG and the Content.
- To the extent Player comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of CG. Player comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of CG or otherwise as prohibited herein.
c You may access CG Content and other content only as permitted herein. CG reserves all rights not expressly granted in and to the CG Content and the CG website and application.
- You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through CG for any commercial purposes.
- You agree not to circumvent, disable or otherwise interfere with security-related features of CG or features that prevent or restrict use or copying of any Content or enforce limitations on use of CG or the Content therein.
- You understand that when using CG, you may be exposed to content from a variety of sources, and that CG is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party content.
- You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CG with respect thereto, and agree to indemnify and hold CG, its Owners/Operators, officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
- APPLE DISCLAIMERS: Players acknowledge and agree that this Agreement is solely between you and CG only, and not with Apple, Inc. (“Apple”). Players further acknowledge and agree that:
- Apple and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
- Apple has no responsibility for the iOS CG app or any included content.
- In the event of any failure of the iOS CG app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS CG app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS CG app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Apple is not responsible for addressing any of your claims or those of any third-party relating to the iOS CG app or your possession and/or use of the iOS CG app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS CG app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
- In the event of any Third-Party claim that the iOS CG app or your possession and use of the iOS CG app infringes that third-party’s intellectual property rights, Apple will not
have any responsibility for the investigation, defense, settlement, and discharge of such claim.
- GOOGLE DISCLAIMERS: Players acknowledge and agree that this Agreement is solely between you and CG only, and not with Google, Inc. (“Google”). Players further acknowledge and agree that:
- Google and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
- Google has no responsibility for the CG app or any included content.
- In the event of any failure of the Android CG app to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Android CG app to you (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android CG app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
- Google is not responsible for addressing any of your claims or those of any third-party relating to the Android CG app or your possession and/or use of the Android CG app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the CG app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
- In the event of any Third-Party claim that the Android CG app or your possession and use of the Android CG app infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
- Your use of the Android CG app must comply with Google’s then-current Android Market Terms of Service.
- THIRD-PARTY WEBSITES, LINKS AND GAMES:
- CG may contain links to Third Party Websites that are not owned or controlled by CG. CG has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, CG will not and cannot censor or edit the content of any Third-Party Website. By using CG, you expressly relieve CG from any and all liability arising from your use of any Third-Party Website.
- You additionally acknowledge that some of the Third-Party Websites accessible through CG may be fraudulent in nature to reveal personal information such as passwords, account information, and credit card information. CG IS THE ONLY ENTITY AUTHORIZED TO OFFER VIRTUAL CURRENCIES RELATED TO ITS GAMES. You agree that CG will not be liable for any actions you take at the request of these Third-Party Websites. CG IS THE ONLY ENTITY AUTHORIZED TO OFFER VIRTUAL CURRENCIES RELATED TO ITS GAMES. NO OTHER THIRD-PARTY ENTITY IS AUTHORIZED TO DO SO. Any such offer shall be deemed fraudulent and will be disregarded.
- All Third-Party Websites are bound by their own Terms and Conditions outlined by that Party, including Prize out. More information on Prize out can be found in the CG Official Sweepstakes Rules.
- GC PLAYER ACCOUNT:
- To access some features of CG, you may have to create a CG PLAYER Account either directly or through one of CG ™ strategic business partners (e.g. Facebook, Inc.), which may also work with CG. You agree never to use another’s Player Account without permission. When creating your Player Account, you must provide accurate and complete information. If you wish to update your address, email, phone number, or other
contact information, you may contact CG support at the email below. The name you provide when registering your Player Account must match that on your government-issued ID. If you provide any information that is untrue, inaccurate, not current, or incomplete, or CG has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, CG reserves the right to suspend or terminate your Player Account immediately and refuse any and all current or future use of the CG service (or any portion thereof), and declare any Prizes or Virtual Currency won invalid.
- If your Player Account is created via your Facebook account, you are allowing CG to access your Facebook account information. If you access CG from Facebook, you shall comply with the terms of service of Facebook as well as these Terms.
- You are solely responsible for the activity that occurs on your Player Account, and you must keep your password secure. You must notify CG immediately of any breach of security or unauthorized use of your Player Account. Although CG is not liable for any of your losses caused by any unauthorized use of your Player Account, you shall be liable for those losses of CG or others due to such unauthorized use. If you become aware of, or reasonably suspect that security in your Player Account has been compromised, including loss, theft, or unauthorized disclosure of your password and Player Account details, you must notify us immediately.
- Any information collected by CG will be held subject to CG’s Privacy Policy, available at Privacy Policy.
- SINGLE ACCOUNT: You are allowed to register one (1) Player Account, including any Inactive Accounts you may have, on the Platform. Should you attempt to open more than one (1) Player Account, all open Player Accounts in your name will be immediately suspended or closed. This includes the use of representatives, relatives, associates, affiliates, related parties, connected persons, and/or third parties operating on your behalf. You must notify CG if you believe you have more than one Player Account, whether they are all active or not.
- Suspected Fraud and/or Abuse will result in your Player Account being closed and your winnings will be removed solely at the discretion of CG. CG reserves the right to cancel any bonuses and may remove any winnings or Virtual Currency from your Player Account if there is suspicion of fraud or abuse. Fraud or abuse includes, but is not limited to: (1) Delaying game rounds in any game, including free spins and bonus features, to a later time when you have no playing requirements; (2) Leaving large sums of Virtual Currency on the table and returning to the game after bonus play has been completed; (3) Playing games with bonus Virtual Currency to build up in-game value, lose the bonus Virtual Currency, and then redeem on the built-up value if in Sweeps Play; and (4) Using strategies that take advantage of any software bug or failure.
- PLAYER IDS AND PASSWORDS:
- Access to certain areas of CG or the Content are limited by a Player identifier (“Player ID”) and password, which is selected and/or supplied as part of the registering process for a Player Account with CG. By registering, you represent, warrant and covenant that: (1) You are of lawful age in your jurisdiction to access CG Content, but in no case under 18 years of age; (2) You are using your actual identity; (3) You have provided only true, accurate, current, and complete information about yourself during the registration process; and (4) You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
- Player ID’s on CG may not include: (i) References to breaking the law, including terrorism and child exploitation (ii) violence and/or threats (iii) hateful conduct (iv) harassment and sexual harassment (v) unauthorized sharing of private information (vi) impersonation (vii) glorification of natural or violent tragedies (viii) self-destructive behavior (ix) references to recreational drugs, hard drugs, and drug abuse, with exceptions for alcohol, tobacco, and marijuana (x) references to gaming addiction and gambling addition (xi) references to sexual acts, genitalia, or sexual fluids. Indefinite suspension will be issued, at our sole discretion, for Player ID’s that violate these Terms.
- By logging onto CG using any password, you represent, warrant, and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your Player ID and password. You also agree that you will be solely responsible for any activities conducted on or through CG that occur through your Player Account or with your Player ID. Your Player ID and password are unique to you, and you agree not to disclose or share your Player ID and password with any other person or third-party.
- In addition, you agree that you are entirely responsible for all activities which occur on your Player Account or with your Player ID whether you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your Player Account should you fail to sufficiently disconnect and/or log off CG and/or a public computer system. Accordingly, you absolve and release CG from any claim of harm resulting from a third party undertaking the activities.
- CG reserves the right to deny or revoke your access to your CG Player Account, or any part thereof, at any time in our sole discretion, with or without cause. If we close your Player Account pursuant to clause Section 23 of these Terms of Use, the consequences set out in section 23 shall apply. If we close your Player Account for other reasons, we will make reasonable efforts to enable you to redeem any Prizes in your Player Account, but any license to continued use, enjoyment or benefit of or from the CG’s Virtual Currencies will be terminated
- GC reserves the right to close, deactivate, or terminate your Player Account if it deems, at its sole discretion, the Player Account to be Dormant. A Player Account will be deemed Dormant if there has been no login activity to the Player Account for a period of sixty (60) consecutive days. Players will be sent warnings by the GC Customer Support team as a Player nears the end of the sixty (60) day period of no login activity. If an account becomes Dormant, GC will remit the balance of the redeemed value of Prizes in your Player Account to you as may be required under applicable law.
- In the event you wish to close your CG Player Account or cancel a password, you may do so at any time by contacting CG Customer Support at the email below and submitting a request to do so. By closing your Player Account, you agree to forfeit all continued access to and right to use, enjoy or benefit from any virtual currency or potential unredeemed prizes associated with your Player Account. A closed Player Account may be reopened by contacting support at the email below and requesting re-activation of your Player Account. CG will evaluate all such requests and re-open Player Accounts at its sole discretion.
9.SITE MONITORING
- CG may monitor or review any areas on CG where Players upload Content, transmit or post Content or communicate with each other, or the like. However, CG does not undertake to monitor or review every posting or communication, and CG disclaims any liability related to the content of any such postings and communications, whether arising under the laws of copyright, trademarks, libel, privacy, obscenity, offensive speech or otherwise. Any instances of posts or communications which violate these Terms are subject to indefinite suspension at CG’s sole discretion.
- While CG may monitor the content of the communications from time to time, CG does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of CG. CG, in its sole discretion, reserves all rights to discontinue this service generally or to any Player at any time.
- CG may disclose any records, electronic communications, information, materials, or other content of any kind (i) if CG believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate CG; or (iii) to protect our rights or property or the rights or property of our Players and business partners.
- PUBLICITY, PLAYER SUBMISSIONS, AND MARKETING COMMUNICATIONS:
- Except where prohibited by law, accessing and engaging CG constitutes each Player’s consent to CG’s and its agent’s use of Players’ name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payments, notice or consideration.
- A Submission to CG or a post to any of its social media pages constitutes Player’s consent to give CG a royalty-free, irrevocable, perpetual, non-exclusive license to use such submission or post on a worldwide basis, and to incorporate it into other works, in any form, media or technology not known or later developed, including for promotional or marketing purposes. If requested, Player will sign any documentation that may be required for CG or its designees to make use of the non-exclusive rights Player is granting to use the submission or post.
- You consent to receive marketing communications from CG in respect of its offerings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support.
- LIVE CHAT SERVICES:
- We may provide you with a Live Chat service to talk to our Customer Support representatives, or to talk to other Players. This may include use of our Facebook® wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes.
- Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only.
- Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing or abusing other Players or CG employees and representatives.
- You will not use any Live Chat service to engage in any form of harassment or offensive behavior, including but not limited to, threatening, derogatory, abusive or
defamatory statements, or racist, sexually explicit, pornographic, obscene, or offensive language.
- You will not use any Live Chat service to infringe the privacy rights, property rights, or any other rights of any person
- You will not submit any kind of material or information on any Live Chat service that is fraudulent or otherwise unlawful or violates any law.
- You will not use any Live Chat service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of other forums.
- You will not use any Live Chat service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Platform or to other Player’s systems in any way.
- We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure that it conforms to content guidelines that are monitored by us and subject to change from time to time.
- If you breach any of the provisions relating to a Live Chat service, we may ban you from using that Live Chat service or all Live Chat services and/or suspend or close your Player Account. If we close your Player Account, we reserve the right to cancel or refuse to redeem any Prizes.
- We reserve the right to remove any Live Chat service from the Platform if abused.
- You agree to indemnify us against any damage arising out of your illegal, unlawful or inappropriate conduct or arising out of violation of the provisions in clause 19 or any other rules on the Platform applying to the Live Chat service.
- You will not collude in any way through the Live Chat service. Players are encouraged to report any suspicious behavior to Customer Support.
- PATENTS PENDING:
- CG’s novel methodologies, technological improvements, and overall business methods (collectively “Patentable Subject Matter”) are the subjects of pending patent application(s) in the India and worldwide.
- COPYRIGHTS:
**a.**CG and the Content contained and referenced therein are subject to copyrights owned by CG and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by CG. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India 201301.
- TRADEMARKS:
- All trademarks, service marks, titles, domain names, logos, and company names (collectively ” Trademarks”) referred to on CG are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of CG or its affiliates or licensors. In countries where any of the CG trademarks, service marks, domain names, logos and company names are not registered, CG claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on CG may be trademarks of their respective owners.
- CG does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademarks. With respect to the Other Trademarks owned by CG, you may contact CG by sending a letter to Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India 201301, to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to CG.
- OTHER INTELLECTUAL PROPERTY RIGHTS:
- All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of CG and the Content, and all intellectual property rights embodied therein, are the property of CG or its licensors, suppliers or affiliates.
- Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that: (1) the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to CG, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein; *(2) You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use; (3) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with CG; (4) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom; (5) You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations, (7) Misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to CG and that in such event money damages may not constitute sufficient compensation to CG; consequently; and (8) In the event of any misappropriation or misuse, CG shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which CG may be entitled.
- In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
- NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
- CG may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Players who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide CG’s Copyright Agent a written Notice containing the following information: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) A description of the copyrighted work or other intellectual property that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on the Service (e.g., web page link); (4) Your address, telephone number, and email address; (5) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- CG’s Copyright Agent can be reached in the following ways:
(1) Mail: Copyright Agent/Legal, Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India
(2) Email: support@clavisgaming.com subject line: COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTICE.
- NOTICE OF ENFORCEMENT:
- CG vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, CG may prosecute any unauthorized use or reproduction of any of the Content, Databases, and any other information contained therein that violate the protection afforded by the copyright and trademark laws of India, as well as other applicable Indian laws and regulations, including those pertaining to contracts, privacy, and publicity. This enforcement may also extend to international laws and agreements to which India is a party.
- GAMES:
- All Games available to play on both the CG Classic Platform and the CG Sweeps Platform possess their own rules and odds of winning. The individual rules and odds for each Game will be available to Players in the pay tables once the Game has been launched. It is the Player’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing each Game.
b CG reserves the right to declare any one play, spin, or other form of participation in a Game void, either partially or in full, if there is an error, mistake, misprint, or technical error on the pay table, win table, minimum or maximum stakes, odds, or software.
- In the event of a difference or discrepancy between the result showing on a Player’s screen and the result showing on the CG software server, the result showing on the CG software server shall be the governing result.
- Live Dealer Games:
- CG offers Players the chance to play various casino games in a live dealer setting using CG and/or SC. These Live Dealer Games involve events via the Services where Players will be Playing against the house with other Players at the same time.. The Live Dealer Games include favorites such as Roulette, Baccarat, Blackjack, Dragon Tiger, Casino Hold’em, Andar Bahar, Limitless Blackjack, and Teen Patti. CG reserved the right to add or remove Live Dealer Games as it sees fit. Individual Live Dealer Game rules and VC pay-outs will be available to the Players in the individual Live Dealer Game pay tables while playing the individual Live Dealer Game. It is the Player’s responsibility to thoroughly review the rules of each Live Dealer Game.
- Please note that CG cannot control certain actions of those Players, who may be for example undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences.
iii. If you suspect a third party is colluding, cheating or undertaking a fraudulent activity, please let CG know as soon as possible and provide as much information as possible
such as Game round ID, screenshots, video or any other identifying information such as action taken by the player, seat position or any other information related to the fraudulent claim.
- CG will take reasonable steps to prevent such unacceptable behavior, however, CG will not be liable for any loss or damage which you may incur as a result of such third party collusion, fraud, cheating, or otherwise illegal activity. Players may leave a Live Dealer Game table at any time at their own discretion. Should the Player elect to leave the table after playing their hand and after the play time locks, the results of the round will still reflect in the Player’s VC Wallets.
- Please note that in the case of Live Dealer games, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the Live Dealer Game, including for example (but without limitation), through delayed coverage, a slow internet connection or equipment, or other system flaws, faults, errors or service interruption. CG shall not be liable for any delay in relaying up-to-date information related to the Live Dealer Game.
- Interactions with Live Dealer: Players will be able to interact and directly communicate with the dealer while playing a Live Dealer Game. It is the Player’s responsibility to act in an appropriate, friendly, and professional manner. Players may not belittle, attack, threaten, harass, insult or otherwise argue with the dealer or other Players. Any Player found to have violated this term or be reported to CG by the Live Dealer Game operator may be subject to account suspension, termination or a permanent ban from CG.
- PURCHASING VIRTUAL CURRENCIES:
- The Payment Instrument you use to purchase virtual currencies must be legally and beneficially owned by you and must be in your name. Should CG learn that the name used to register your Player Account is different from the name associated with your Payment Instrument, your Player Account will be immediately suspended. In the event
this happens to you, you must contact Customer Support at the email below to resolve the issue.
- CG reserves the right to request documents and information to verify your identity and the legal and beneficial ownership of the Payment Instrument you use to purchase Virtual Currencies.
- You further agree that CG, its Payment Administration Agent(s), and payment facilitators may store and keep your payment information (i.e. card number or token) on file to process any future purchases you may make. By accepting and agreeing to these Terms of Use, you authorize CG, its Payment Administration Agent(s) and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
- Except as provided by CG, transfer or sale of Virtual Currency is strictly prohibited between Players of CG for any government-backed currency value or otherwise.
- All sales of Virtual Currency are final, unless at CG’s discretion a refund is deemed necessary for any reason suitable for CG. Upon termination or suspension of your CG Player Account, all Virtual Currency remaining in your account may be forfeited at CG’s sole discretion. The purchase of HC, CG and/or Diamonds constitutes the purchase of a limited license that allows you to participate in Standard Social Gameplay and is not the deposit of funds that may be withdrawn from at any point.
- All uses of virtual currencies that have been submitted for play and accepted are final and cannot be changed, withdrawn or canceled.
- All Virtual Currency purchases shall be executed in USD and it is a Player’s responsibility to ensure and confirm that their nominated bank account can accept and process transactions in USD.
- Players will be responsible for all foreign exchange transaction fees, charges, or other related costs they may incur in relation to payments made by CG, including but not limited to any losses or costs arising from foreign exchange fluctuations.
- VIRTUAL CURRENCY BALANCES:
- Players may only participate in any Game if they possess a sufficient number of Virtual Currencies (depending on mode of play) in their CG Player Account to be eligible to participate. Under no circumstance will CG extend to Player any credit for the purchase of Virtual Currencies.
- Once a Player makes a Purchase, the funds will be drawn from the Players elected Payment Instrument as soon as practicable and the purchased virtual currency and any gifted virtual currency or tickets if they are included in the purchased CG package, will be added to the Player’s Virtual Currency Wallets.
- Players Virtual Currency balances will be displayed in their Virtual Currency Wallets (“VCW”).
- You agree that CG has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies as they see fit in their sole discretion, in any general or specific case, and that they will have no liability to you based on their exercise of such rights. You agree that you have no right or title in or to any such Virtual Currencies appearing or originating on CG. CG does not recognize any Virtual Currency transfers executed outside of CG or the purported sale, gift, or trade in the “real world” of anything related to CG. Accordingly, you may not sell Virtual Currency for “real world” money or otherwise exchange Virtual Currency for value outside of CG. Any attempt to do so is in violation of these Terms and will result in a ban from CG and the services offered thereon.
- PAYMENT ADMINISTRATION AGENTS:
- CG in its sole discretion may appoint one or more Payment Administration Agent to accept payments, make payments, and facilitate the payment process from or to Players on CG’s behalf.
- Any Payment Administration Agent appointed by CG will possess the same rights, power and privileges as CG under these Terms of Use. Such appointed Payment
Administration Agent will be entitled to exercise and enforce their rights, powers and privileges as CG’s agent or in the Payment Administration Agent’s own name.
- Under no circumstances will CG be liable or responsible to any Player for any loss, damage or other liability resulting or arising from the Payment Administration Agent’s negligence and/or acts which exceed the powers and authorities granted to it by CG.
- VERIFICATION CHECKS:
- You acknowledge and agree that CG shall be entitled to engage in any identification, credit or other verification checks as reasonably required or as required by applicable laws and regulations or by any regulatory authorities.
- All requests for prize redemption will remain pending until all necessary verification checks have been completed to the sole satisfaction of CG.
- CG may from time to time request certain information from you in order to properly complete a verification check, including but not limited to situations where cumulative or single prize redemption exceeds a cash value of $2,000 USD. This information might include but is not limited to: (1) Photo Identification such as a passport or National ID; (2) Proof of address: and/or (3) Proof of source of income such as a pay slip or bank statement.
- In the event you fail to provide any documentation requested by CG to help perform a verification check within thirty (30) days of the request, CG is under no obligation to continue the verification process and may, in its sole discretion, close, restrict or suspend your CG Player Account.
- CG may also use third-party service providers to assist in the identification and other verification checks using the information provided by Players.
- CLOSURE OR SUSPENSION OF PLAYER ACCOUNT:
Without limiting clause 8(e), we reserve the right, at our sole discretion, to suspend or close your Player Account (notwithstanding any other provision contained in these
Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
- you breached, or assisted another party to breach, any provision of these Terms of Use or the Official Sweepstakes Rules, or we have a reasonable ground to suspect such breach;
- you have more than one Player Account, including any Inactive Account, on any Platform;
- the name registered on your Player Account does not match the name on (i) your Payment Instrument used to make purchases of CG Virtual Currencies or Coins or (ii) the Player Account to which you choose to redeem Prizes, or do not legally and beneficially own the Payment Instrument or Player Account associated with your Prize Redemption;
- your communication with us consists of harassment or offensive behavior, including (but not limited to) threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language;
- your Customer Account is deemed to be a Dormant Account;
- you become bankrupt or insolvent;
- you provide inaccurate, false, or misleading information;
- your identity or Source of Wealth or Source of Funds (if requested) cannot be verified;
- you attempt to use your Player Account through 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 citizenship, location or place of residence, or by playing Games using the Platform through a third party or on behalf of a third party;
- you are not over 18 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence;
- you are located in an Excluded Territory or a jurisdiction where Participation is illegal;
- you have allowed or permitted (whether intentionally or unintentionally) someone else to Participate using your Player Account;
- you have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a coordinated manner with other Player(s) involving the same (or materially the same) selections;
- where CG has received a “chargeback”, claim or dispute and/or a “return” notification via your Payment Instrument;
- you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity; or
- It is determined by CG that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage or automates your AMOE Sweepstakes Entries.
- If CG suspends or closes your Player Account for any of the reasons referred to in this section 23 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by CG (together “Claims”) arising therefrom and you will indemnify and hold CG harmless on demand for such Claim.
- If we have reasonable grounds to believe that you have participated in any of the activities set out in this section 23 above then we reserve the right to withhold all or part of the balance or recover from your Player Account any Prizes or Virtual Currencies that are attributable to any of the activities contemplated in this section 23. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
- The rights set out in section 23 are without prejudice to any other rights that we may have against you under these Terms of Use or otherwise. Any breach or suspected breach of the above-mentioned rules will result in the forfeiture of all prizes won.
- DISCLAIMERS:
- CG AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. CG MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. CG AND THE CONTENT ARE PROVIDED “AS IS” / “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND
EITHER EXPRESSED OR IMPLIED. CG DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH CG.
- CG DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT CG AND YOUR USE OF CG WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT CG OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF CG AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT CG) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF CG AND THE CONTENT IS AT YOUR OWN SOLE RISK
- LIMITATIONS ON LIABILITY:
- CG WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), CAUSED BY YOUR USE OF CG AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. CG WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, CG AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH CG, EVEN IF THERE IS NEGLIGENCE BY CG OR BY AN AUTHORIZED CG REPRESENTATIVE, OR AN AUTHORIZED CG REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. CG’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO CG, IF ANY, TO ACCESS CG.
- THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THE ABOVE LIMITATIONS DO NOT RELEASE LIABILITY FOR INTENTIONAL MISCONDUCT, RECKLESSNESS, GROSS NEGLIGENCE, OR FRAUD.
- INDEMNITY:
- YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CG, CG’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS,
PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM: (1) YOUR USE OF CG AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH CG; (2) ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH CG; (3) ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN; (4) ANY ACTIVITY RELATED TO YOUR CG ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR CG ACCOUNT; (5) ANY CIRCUMVENTION OR ATTEMPTED CIRCUMVENTION OR THESE TERMS OR CG; OR (6) ANY FRAUD COMMITTED WITH REGARD TO CG.
b CG reserves the right, at your expense, to assume institute civil or criminal claims against you, report you to the relevant ]authorities, and to assume the exclusive defense and control of any matter for which you are required to indemnify CG, and you agree to cooperate with CG’s defense of these claims. CG will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your Player Account or the CG service.
- RELEASE FOR FORCE MAJEURE:
- You absolve and release CG and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, pandemics, wars, or governmental restrictions.
- TERM AND TERMINATION:
a CG reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to CG and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through CG.
b You may terminate this agreement at any time by providing prior notice to CG and by destroying: (a) all of the Content obtained from CG, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, upon CG’s request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by CG.
- NOTICES:
- Any legal notice, other document or communication required or permitted hereunder to CG will be deemed to have been duly given only if in writing and delivered by certified mail, return receipt requested, postage prepaid, to CG C/O Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India 201301.
- Notices to CG shall be deemed delivered when actually received by CG or its authorized representatives.
- Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to CG when you register. Such notice will be deemed received by you the next business day after the email is sent. It is your responsibility to maintain an accurate, up-to-date e-mail address.
- Should you elect to send or receive e-mail communications of any kind to or from CG, you represent and warrant to CG that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
- Any notices Players provide to CG that do not comply with this section shall have no legal effect.
- COMPLIANCE WITH LAWS/CHOICE OF LAW:
- Except as otherwise described, CG is controlled and operated from within the Republic of India and makes no representation that the Content is appropriate or available for use in other locations. If you use CG from other locations, you are responsible for compliance with applicable local laws, including, without limitation, all export control laws. Some of the Content may be subject to export controls imposed by India and international regulations, and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which India has imposed an embargo or restrictions, including without limitation, North Korea, Iran, and any other country subject to applicable sanctions; (b) to anyone listed on India’s government sanctions lists, or (c) to anyone on any similar lists issued by international organizations or partner countries. If you download or use the Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Access, browsing, and use of CG, the Content, and the terms and conditions of the Player Agreement are governed by the laws of the Republic of India, excluding any conflict of law’s provisions that would refer to and apply the substantive laws of another jurisdiction.
- Subject to the Dispute Resolution by Binding Arbitration Agreement provision below, these Terms of Use and the rights of the parties hereunder shall be governed and construed in accordance with the laws of the Republic of India, exclusive of conflict or choice of law rules. For the avoidance of doubt, Indian law governs the interpretation and enforcement of these Terms of Use. It does not displace any statutory claims or remedies that may exist under applicable Indian laws.
- DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT:
PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND CG TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH CG AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST CG. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST CG BY SOMEONE ELSE.
- Scope of Arbitration Provision: Unless you opt out, you and CG agree that any claim, controversy or dispute between you and CG (the “parties”) arising out of or relating to your access to or use of any CG Service or to the Content will be resolved exclusively through final and binding arbitration, rather than in court or before a jury, regardless of whether such claim, controversy or dispute arose prior to, on, or subsequent to the date of your acceptance of these Terms of Use. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted and, except as provided in the preceding sentence, includes any dispute, claim, or controversy between you and CG arising out of or relating to any aspect of your relationship with CG or any conduct or failure to act on the part of CG (including claims based on breach of contract, tort (for example, a negligence claim), violation of law or any claims based on any other theory) or any aspect of your access to or use of the Content.
- Limitation on Period in which Claims May be Brought: YOU AND CG AGREE THAT ANY CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF ANY CG SERVICE OR TO THE CONTENT SHALL BE MADE BY FILING FOR ARBITRATION WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S), EXCEPT FOR ANY
CLAIM(S) UNDER RCW § 19.86.010, ET SEQ., WHICH SHALL BE MADE BY FILING FOR ARBITRATION WITHIN THREE (3) YEARS FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S). If the provision in the previous sentence is held to be unenforceable, then any claim(s) against CG must be made by filing for arbitration within the limitations period designated by the law underlying the claim(s). If any claim is not brought within the applicable period discussed above, it is permanently barred, and the parties cannot bring that claim in any manner or in any forum.
- Costs of Arbitration: If the value of your claim does not exceed $10,000, CG will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration in the event such fees exceed $200, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, CG will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. You will still be responsible for paying your own attorneys’ fees.
- Arbitration Procedure: The provisions of this Section shall constitute your and CG’s written agreement to arbitrate Disputes under the Arbitration and Conciliation Act, 1996 of the Republic of India. You and CG agree that the arbitration will be administered by the Indian Council of Arbitration (“ICA”) under its rules and procedures in effect at the time arbitration is sought. The rules are available at www.icaindia.co.in or by contacting the Indian Council of Arbitration. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding any provision of the ICA Rules, any dispute over the formation, enforceability, validity, or severability of any provision of this Section (“DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT”) shall be resolved by a court and not be a subject of the arbitration.
- The arbitrator shall have no authority to amend or modify the terms of this Arbitration Agreement or to award punitive or exemplary damages, except as expressly authorized by law. The arbitration award may be enforced by judgment in any court of competent
jurisdiction. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
- The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
- Prior to initiating arbitration, you must first send a written notice by certified mail to CG at: Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India
- The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient to identify your CG account, (b) a detailed description of your claim or dispute with CG, and (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolved with CG within thirty days of CG’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.
- Procedure to Opt Out of Arbitration Provision: WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE
TERMS OF USE, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS (AT YOUR COST) REGARDING THE CONSEQUENCES OF YOUR DECISION.
- If you do not agree to be subject to this arbitration agreement, you must opt out of this arbitration agreement within 30 days of entering this agreement, in the following specified manner: Send written electronic Notice via email to
support@clavisgaming.com or written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Attn: Legal Department, Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India 201301. You must send this Notice within thirty (30) days of your acceptance of these Terms of Use. You must include in it your name, address, and a clear statement that you do not wish to resolve disputes with CG through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and CG shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration Agreement.
- Confidentiality: You and CG shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
- If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
- WAIVER:
- No delay or omission by CG to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair
any such right or power or be construed to be a waiver thereof. Any waiver by CG of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
- SEVERABILITY:
- If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
- INDEPENDENT CONTRACTOR:
- CG is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and CG.
- TAXES:
- CG does not provide advice regarding legal and/or tax matters. Please contact your local legal and/or tax expert for information on how your play at CG may have such consequences. You are solely responsible for any taxes which apply to your use of CG.
- CONTINUED USE DEEMED ACCEPTANCE:
- CG reserves the right, at its sole discretion, to change, alter, amend, add to, or otherwise modify these Terms of Use, Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy, and Legal Notices from time to time Any amendments will be published on the CG Platform and such changes will be binding and effective immediately. After any such modification becomes effective, CG will deem your continued use of CG or any of the Content to constitute your acceptance of and agreement to such modification. You agree it is your duty to read these Terms of Use and Legal Notices prior to using, accessing or browsing the CG website. 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 of Use, or other legal doc referenced above, you must stop using the Platform.
- CONTACT US:
CG may be reached at:
Clavis Gaming LLP, A-194&195, First Floor, Sector 63, Noida, Uttar Pradesh, India 201301.
And/Or Customer Support at:
- ENTIRE AGREEMENT:
This constitutes the entire agreement between you and CG with respect to your use of CG and the Content, and supersedes any and all prior understandings or agreements between you and CG, whether written or oral. You acknowledge that, in providing you
access to and use of CG and the Content, CG has relied on your acceptance of this agreement.