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Discord Terms of ServiceLast modified: October 19, 2018. IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAIN A BINDING ARBITRATION PROVISION AND CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE DISPUTE RESOLUTION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.
RIGHTS TO USE THE SERVICEThe Service provides a chat and social platform. The Service may allow you to participate in public and private chat rooms and to utilize messaging features to communicate with other users of the Service. The Service may also allow you to access certain software and/or other content that is available to purchase from the Company. Subject to your compliance with these Terms, the Company grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the Service solely for your personal, non-commercial use, unless we agree to your commercial use in writing. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms;(ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company or its licensors, except for the permissions and rights expressly granted in these Terms. The Company reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The Company reserves the right to refuse any user access to the Services without notice for any reason, including but not limited to a violation of the Terms. If you violate these Terms, the Company reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that the Company need not provide you notice before terminating or suspending your Account(s), but it may do so.
YOUR ACCOUNTYou are responsible for your log-in credentials and for any activity resulting from the use of your log-in credentials or other activity on your account (“Account”) on the Service. Upon launching the App or the Service, if you do not already have an Account, you will be prompted to create one by providing a username and in some cases a password. You may also be required to provide a valid email address or other information to access or utilize certain applications or features. You represent and warrant that the information you provide to us upon registration and at all other times will be true, accurate, current, and complete. We reserve the right to reject any username or to terminate your username or prevent use of a username in our sole discretion, and without any liability to you. You understand and agree that other users of the Service may have the same username as you, however, users will be differentiated by a number identifier that may or may not be visible to you or other users. You will ensure that your e-mail address is kept accurate and up-to-date at all times. If we allow you to use the App without creating an Account (e.g., if we make available a single-session use feature), any username you select for use in connection with the App will be available for other users after your session ends. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials or otherwise on your Account. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
COMMUNICATIONSYou agree to receive communications from us electronically, such as email, text, or mobile push notices, or notices and messages on the Service. For any direct marketing messages, we will ensure that we obtain your consent first, and also make it easy for you to opt out — we don’t want to send you messages you don’t want. By using the Service or providing information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service, and that all agreements, notices, disclosures, and other communications that Discord provides to you electronically satisfy any legal requirements that such communications be in writing. You may use the Service to send messages to other users of the Service. You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e., spam). We may utilize a variety of means to block spammers and abusers from using the Service. If you believe spam originated from the Service, please email us immediately at firstname.lastname@example.org.
INTELLECTUAL PROPERTY RIGHTSAll rights, title and interest in and to all materials that are part of the Service (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for Your Content, collectively referred to as the "Service Materials,” are, as between the Company and you, owned by the Company and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below). You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the Service Materials without our express prior written permission. You acknowledge that you do not acquire any ownership rights by using the Service or by accessing any Service Materials posted on the Service by the Company, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by the Company and its licensors, and no license is granted hereunder by estoppel, implication or otherwise.
YOUR CONTENTAny data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Service by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without the Company incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and the Company is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with the Service, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Service. The Company does not guarantee the accuracy, quality, or integrity of any user content posted. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Company will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Company reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Company of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing email@example.com.
RULES OF CONDUCT AND USAGEThe Service provides communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. The Company has no obligation to monitor these communication channels but it may do so in connection with providing the Service. The Company may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any user content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by us. The Company will not under any circumstances be liable for any activity within Communication Channels. The Company is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users. As a condition of your use of the Service, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in these Terms and our Community Guidelines as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service. As an example, you agree not to use the Service in order to:
- post, upload, transmit or otherwise disseminate information that is objectionable as outlined in our Community Guidelines;
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone;
- engage in conduct that is fraudulent or illegal or otherwise harmful to Discord or any other user;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other users' computers;
- violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- attempt to obtain passwords or other private information from other members;
- improperly use support channels or complaint buttons to make false reports to us;
- develop, distribute, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software program or applications in violation of the applicable license agreements; or
- exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.
FEEDBACKWe appreciate hearing from our users and welcome your comments regarding the Service. If you choose to provide feedback, comments or suggestions for improvements to the Service or otherwise (in written or oral form) (“Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against Discord and its users any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. All rights in this section are granted without the need for additional compensation of any sort to you.
USER DISPUTESYou are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. The Company hereby disclaims any and all liability to you or any third party relating to your use of the Service. The Company reserves the right, but has no obligation, to manage disputes between you and other users of the Service.
COPYRIGHTCopyright Complaints. The Company respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify the Company of your infringement claim in accordance with the procedure set forth below. The Company will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to the Company’s Copyright Agent at firstname.lastname@example.org (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Discord, Attention: DMCA Takedown Request, 444 De Haro Street #200, San Francisco, CA 94107.To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- 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.
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
TERMINATIONYou may terminate your Account at any time and for any reason by deleting your account through the User Settings page in the application . The Company may terminate your Account and your access to the Service (or, at the Company's sole option, applicable portions of the Service) at any time and for any reason. The Company is not required to provide you with any notice or warning prior to any such termination. You may, as the result of termination, lose your Account and all information and data associated therewith, including without limitation your Virtual Currency and Virtual Goods, as applicable, and the Company is under no obligation to compensate you for any such loss.
DISCLAIMER OF WARRANTYTHE SERVICES AND THE SERVICE MATERIALS ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. IN ADDITION, WHILE THE COMPANY ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE SECURE OR ERROR-FREE OR THAT THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS. THE FOREGOING DISCLAIMERS SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, BE LIABLE TO YOU OR TO ANY THIRD PERSON FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER INDIRECT DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.THE COMPANY SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO US IN ACCORDANCE WITH THESE TERMS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM OR (B) $100. THE LIMITATIONS AND DISCLAIMERS IN THESE TERMS DO NOT PURPORT TO LIMIT LIABILITY OR ALTER RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHICH MEANS THAT SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, DISCORD’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. You specifically acknowledge that the Company shall not be liable for user content, including without limitation Your Content, or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
INDEMNIFICATIONYou agree to indemnify and hold the Company, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right or any third party agreement; or (iv) any of Your Content or information in your Account or any other information you post or share on or through the Service. As used in this section, "you" shall include anyone accessing the Service using your password
VIRTUAL CURRENCIES, VIRTUAL GOODS, AND TERMS OF SALEWe will not charge you a fee to use the basic functionality of the Service, but fees may be charged for certain products and services. For additional terms regarding our Nitro subscription service, please see the “Nitro Subscriptions” section below. The Service may include an opportunity to obtain virtual currency ("Virtual Currency") or virtual goods ("Virtual Goods") that may require you to pay a fee using legal tender (that is, "real money") to obtain the Virtual Currency or Virtual Goods. Your purchase of Virtual Currency is final and is not refundable, exchangeable, transferable, except in the Company’s or the platform provider’s sole discretion. You may not purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a violation of the Terms and may result in termination of your Account with the Service and/or legal action. The Company retains the right to modify, manage, control and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion. Prices and availability of Virtual Goods are subject to change without notice. We shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, non-transferable, non-sublicensable permission to use solely within the Service Virtual Goods and Virtual Currency that you have earned, purchased or otherwise obtained in a manner authorized by the Company. You have no other right, title or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service. Product Descriptions. We try to make the Service thorough, accurate, and helpful to our customers. Nonetheless, there may be times when certain information contained on the Service may be incorrect, incomplete, or inaccurate, or appear inaccurate because of the browser, hardware, software, or other technology that you use. Discord reserves the right, with or without prior notice, to: change descriptions or references to products and/or services; limit the available quantity of any product or service; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any visitor to, or use of the Service with any product or service. Availability and Pricing. Though we try to honor all purchase requests, availability cannot always be guaranteed. When an item is not available and cannot be replenished — for example, if we offer a limited promotion — we will attempt to remove the item from the Service in a timely manner but make no guarantees in this regard. We may occasionally make errors in the stated prices on the Service. If a product’s correct price is higher than the listed price, we will either confirm that we’ll provide the item at the price listed or cancel your order and notify you of such cancellation. Payments. We accept major credit cards, certain debit cards, PayPal, and/or such other payment methods we may make available to you from time-to-time through our Service, as forms of payment (“Payment Method”). We may also offer you the ability to make orders through a third party app store or other payment service. You agree to comply with their terms and any other requirements they may have. By submitting an order, you authorize Discord, or its designated payment processor, to charge the account you specify for the purchase amount. We may, in our sole discretion, cancel your payment at any time by providing notice to you through your contact information or by a notice when you attempt to make a payment. We may cancel a payment or prevent you from initiating future payments for any reason, including, without limitation, the following: (i) if you attempt to use the Service in breach of any applicable law or regulation, including the card network rules or regulations; (ii) if you use the Service in breach of these Terms; (iii) if we suspect fraudulent, unlawful or improper activity regarding a payment; (iv) if we detect, in our sole discretion, that your payments have excessive disputes, high reversal rates or present a relatively high risk of losses; or (v) failure to cooperate in an investigation or provide additional information when requested. Refunds. You can find our refund policy here: https://support.discordapp.com/hc/en-us/articles/360012668071 Taxes. Stated prices may not include sales and use taxes. If they do not, you are responsible for the payment of such taxes related to your purchase. We have the right to charge you for any taxes that we are required to pay or in fact collect related to your purchase. International Orders. You will be solely responsible for any license fees, customs duties, and other taxes and fees related to the export of the products from the United States. Manufacturer EULAs and Other Terms. You may be required to accept an end user license agreement (EULA) or other terms provided by the manufacturer prior to use of the product you ordered. A EULA or other terms may accompany the product you ordered.
NITRO SUBSCRIPTIONSRecurring Billing. By purchasing a Nitro subscription, you authorize us to charge your Payment Method on a recurring (e.g., monthly or yearly) basis for the applicable Nitro subscription charge, any and all taxes or possible transaction fees, and any other charges incurred in connection with your use of the Nitro subscription service. Your payment to Discord will automatically renew at the end of your applicable subscription period, unless you cancel your subscription before the end of the current subscription period. Price Changes. Discord may change the price for Nitro subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Nitro subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use Nitro after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from Nitro prior to the price change going into effect. We don’t want to charge you for something you don’t want, though, so if you cancel within 14 days of any price increases, we’ll provide you a refund. Cancellation. You may cancel your Nitro subscription at any time, and you will continue to have access to Nitro through the end of the current subscription period. If you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. At our sole discretion, however, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. To cancel, go to the "User Settings" screen in the Discord desktop or mobile app and follow the instructions for cancellation.
DISPUTE RESOLUTIONTHIS SECTION AND THE NEXT SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT. PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. You and Discord agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Most disputes can be resolved without resorting to arbitration. In the event of a dispute, you agree to provide us notice of the dispute. This notice must provide a brief, written description of the dispute, the relief requested and the contact information of the party giving it. You must send any such notice to Discord by email to email@example.com and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with one another, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. Notwithstanding the foregoing, disputes concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Site shall not be subject to arbitration, and the notice and good faith negotiation required by this paragraph shall not apply to these types of disputes. Binding Arbitration. Except as provided herein, if we cannot resolve a dispute informally, any dispute will be resolved only by binding arbitration to be held in the U.S. state in which you reside. For residents outside the United States, arbitration shall be initiated in San Francisco, California. Discord and you further agree to submit to the personal jurisdiction of any state or federal court in San Francisco, California to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The arbitration shall be conducted by a single arbitrator, governed by the rules of JAMS that are in effect at the time the arbitration is initiated (referred to as the “JAMS Rules”) and under the rules set forth in these Terms. If there is a conflict between the JAMS Rules and the rules set forth in these Terms, the rules set forth in these Terms will govern. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JURY TRIAL. You may, in arbitration, seek any and all remedies otherwise available to you pursuant to your state’s law. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, Discord will pay the additional cost. Discord shall also bear the cost of any arbitration fees, unless the arbitrator finds your claims, defenses, or other fee-generating activity to be asserted or conducted for an improper purpose or frivolous. You are responsible for all other additional costs that you may incur in the arbitration including, without limitation, attorney’s fees and expert witness costs unless Discord is specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Discord and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Discord and you agree that dispositive motions, including without limitation motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Terms of Service and can award the same damages and relief as a court, including injunctive or other equitable relief and attorney’s fees. Discord and you understand that, absent this mandatory arbitration provision, Discord and you would have the right to sue in court and have a jury trial. Discord and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court. If Discord’s or your claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted, through a telephonic hearing, or by an in-person hearing under the JAMS Rules, solely based on documents submitted to the arbitrator. You or Discord may choose to pursue a claim in small claims court where jurisdiction and venue over you and Discord otherwise qualifies for such small claims court and where the claim does not include a request for any type of equitable relief. However, if you decide to pursue a claim in small claims court, you agree to still provide Discord with advance notice by email to firstname.lastname@example.org and by U.S. Mail to Discord Inc., 444 De Haro Street #200, San Francisco, CA 94107. Opt-Out Right. You have the right to opt out and not be bound by the provisions requiring arbitration by sending written notice of your decision to opt out to Discord by email to email@example.com. The notice must be sent within 90 days of this Terms of Service taking effect, or your account creation on the Service. If you do not opt out via this method, you will be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the provisions requiring arbitration, Discord will not be bound by them either. If any clause within this Arbitration Section is found to be illegal or unenforceable, that specific clause will be severed from this section, and the remainder of its provisions will be given full force and effect. Survival. This Arbitration section shall survive any termination of your account or the Service.
CLASS WAIVERTHIS SECTION AND THE PREVIOUS SECTION ONLY APPLIES TO YOU IF YOU ARE A UNITED STATES RESIDENT. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS. Discord and you agree to resolve any dispute in an individual capacity, and not on behalf of, or as part of, any purported class, consolidated, or representative proceeding. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other Discord customers, and cannot be used to decide other disputes with other customers. If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims, or controversies will not be subject to arbitration and must be litigated in federal court located in San Francisco, California. This Class Action Waiver section shall survive any termination of your account or the Services.
INTERNATIONAL USE; EXPORT CONTROLSSoftware available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of the Service, including as it concerns online conduct and acceptable content.
IOS APPLICATIONSThe following additional terms and conditions apply with respect to any App that the Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and Discord only, and not with Apple, Inc. (“Apple”).
- Your use of the Company’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- The Company, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that the Company, and not Apple, are responsible for addressing any claims by you or any third-party relating to our iOS App or your possession and/or use of our iOS App.
- You agree that the Company, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the Company’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.
GENERALGoverning Law. By visiting or using the Service, you agree that the laws of the United States and the State of California, without regard to principles of conflict of laws and regardless of your location, will govern these Terms and any dispute of any sort that might arise between you and the Company. Any claim or dispute between you and the Company that arises out of or is related to the Service and is not subject to arbitration shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Santa Clara County, California. Injunctive and Other Equitable Relief. You acknowledge that the rights granted and obligations made to the Company under these Terms are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to the Company for which remedies at law are inadequate. The Company shall therefore be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. Entire Agreement. These Terms constitute the entire agreement between you and the Company with respect to your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Service by the Company. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. Waiver. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Course of Conduct/Trade Practice. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Assignment. These Terms may not be assigned by you without the Company's prior written consent, but are freely assignable by the Company. Subject to the foregoing restriction, these Terms will be binding on, inure to, and enforceable against the parties and their respective successors and assigns. Documentation of Compliance. Upon the Company's request, you will furnish the Company with any documentation, substantiation or releases necessary to verify your compliance with these Terms. Interpretation. You agree that these Terms will not be construed against the Company by virtue of having drafted them. Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms. Survival. You agree that the provisions of these Terms that by their nature should survive termination will survive any termination of these Terms. Contact. If you have any questions about these Terms, please contact firstname.lastname@example.org. Discord is made possible through the work of other open source software.
Full terms apply
Terms of Service1. Introduction Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the www.icandy-games.com website (the "Service") or any website including blackjackbailey.com operated by iCandy Games Inc. ("us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you do not have permission to access the Service.
Availability, Errors and InaccuraciesWe are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Third party sites and linksOur Service may contain links to third party web sites or services that are not owned or controlled by iCandy Games Inc. iCandy Games Inc. has no control over, and assumes no responsibility for the content, privacy policies, terms and conditions or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that iCandy Games Inc., shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
TerminationWe may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
IndemnificationYou agree to defend, indemnify and hold harmless iCandy Games Inc., and its licensees and licensors, and their employees, contractors, agents, officers and directors, and vendors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation of LiabilityIn no event shall iCandy Games Inc., nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DisclaimerYour use of the Service is at your sole risk. The Service and all content and products available via the Service are provided on an "AS IS" and "AS AVAILABLE" basis. The Service and content sold thereon are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. iCandy Games Inc., its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Governing LawThese Terms shall be governed and construed in accordance with the laws of Nevada, United States, without regard to its conflict of law provisions. Any action brought by you emanating from your use of the Service shall be exclusively domiciled in Austin, Texas and exclusively resolved by binding arbitration in accordance with the rules American Arbitration Association. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
ChangesWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Full terms apply
Terms of Service
Grant of LicenseSubject to these Terms, Mega Particle grants you a nonexclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal non-commercial use for gameplay. The term of your license begins on the date that you install or otherwise use the Game and ends on the earlier date of either your disposal of the Game or Mega Particle’s termination of this Agreement. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Game or if you violate these Terms. The Game is being licensed to you and you hereby acknowledge that no title or ownership in the Game is being transferred or assigned and these Terms should not be construed as a sale of any rights in the Game. All rights not specifically granted under these Terms are reserved by Mega Particle.
Changes to Terms, Game, and ServicesMega particle may modify the Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms wherever the Game may be downloaded or through other communications. Please make sure you review the modified Terms because if you continue to use the Game after we have posted modified Terms, you are indicating to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then you may not use the Game anymore. Because the Game is evolving over time, we may change or discontinue all or any part of the Game at any time and without notice, at our sole discretion.
Personal and Non-Commercial Use LimitationExcept as otherwise specified below, Mega particle is providing the Game to you for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, and/or services obtained from the Game.
Limited License to broadcast game playMega Particle believes that the Game is best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast such Broadcasting User’s unique play within the Game (“Broadcasted Content”), but only through third-party media that is, at the time of broadcast, currently approved by Mega Particle’s (“Approved Broadcaster(s)”). In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that he, she, or they opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including that user is revoked. The above limited license to broadcast the Game is subject to the additional conditions:
- A Broadcasting User may only broadcast his or her own gameplay;
- Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, as well as the Approved Broadcaster(s)’ applicable terms of service, policies, rules, and guidelines;
- Mega Particle may revoke a user’s license to broadcast for any or no reason and without notice.
Opting OutAny user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of his, her, or their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Mega Particle may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Mega Particle does not assume any responsibility for ensuring compliance with the foregoing.
Approved BroadcastersThe following is an exclusive list of currently Approved Broadcasters. Modifications to this list may be made here, or elsewhere on the store page for the Game. Users may only broadcast content through currently Approved Broadcasters. We do not claim any affiliation with the Approved Broadcasters, nor do we make any representations as to the quality or functionality of the Approved Broadcasters’ services.
- Twitch Interactive, Inc.
- YouTube, LLC
- Facebook Inc.
- Twitter Inc.
- reddit Inc.
Who May Use the GamePoker VR is available to users above the age of 13. Users below the age of 13 are not permitted to use the game. If you want to use the Game you will have to an Oculus account or a Steam account, as applicable (“Accounts” and each an “Account”). We do not administer Accounts, rather, they are administered by Oculus VR, LLC and Valve Corporation, as applicable. You are responsible for all activities that occur under any Account associated with you, whether or not you know about them. We will not be liable for any loss that you may incur as a result of someone else’s authorized or unauthorized access to your Account. You may be liable, however, for losses incurred by Mega particle or third parties due to someone else’s use of your Account.
Health and Safety PrecautionsThe below should be reviewed before use of the Game. Failing to review the below health and safety precautions may cause damage to property, injury, or death. These health and safety precautions are not intended to be an exhaustive list, and use of the Game may involve other health and/or safety risks not contained herein. Mega Particle is not liable for any damage to property, injury, or death that may occur as the result of your failure to review the health and safety precautions or as a result of the interactions between you or your family members and people or objects in or around the play area during your use of the Game.
Epileptic Seizure WarningPlease note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns, even if they have never experienced epileptic symptoms or been previously diagnosed with epilepsy. Such people may have a seizure while watching certain images on screens, including virtual reality headsets, or playing certain video games, including the Game. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness in particular) when exposed to flashing lights, you should consult your doctor prior to playing the Game. Stop playing the Game and consult a doctor if you have any of the following symptoms: Convulsions; Eye or muscle twitching; Loss of consciousness or awareness; Altered vision; Involuntary movements; or Disorientation. Mega Particle is not liable for any death, injury, or health complications resulting from any epileptic symptoms or conditions which may occur during or as a result of your use of the Game. To reduce the likelihood of a seizure or epileptic symptoms do not play the Game when tired or need sleep and take 10 or 15 minute breaks every 30 minutes while playing the Game.
Motion SicknessPlaying video games (especially virtual reality games), including Poker VR, may cause motion sickness in some players. If you or your child feels dizzy or nauseous when playing the Game, stop playing and rest. Do not drive, operate heavy machinery or engage in other demanding or strenuous activity until you feel better. To limit the risk of motion sickness while playing the Game, do not use the Game when you are tired, need sleep, are under the influence of alcohol or drugs, are hungover, have digestive problems, are under emotional stress or anxiety, or when suffering from cold, flu, headaches, migraines, or earaches or other health issues which may increase your susceptibility to adverse symptoms.
Repetitive Motion Injuries and Eyestrain
Playing video games, including the Game, can make your muscles, joints, skin or eyes hurt. To avoid problems such as tendinitis, carpal tunnel syndrome, skin irritation or eyestrain:
- Avoid excessive play;
- Take a 10 to 15 minute break every 30 minutes while playing the Game;
- If your hands, wrists, arms, eyes or other parts of your body become tired or sore while playing, or if you feel symptoms such as tingling, numbness, burning or stiffness, stop and rest for several hours before playing again; and
- If you continue to have any of the above symptoms or other discomfort during or after playing the Game, stop playing and consult a doctor.
Play Area PrecautionsGive yourself plenty of room to play the Game. Always be aware of your surroundings when playing the Game. While playing the Game you will be using your hands to control gameplay. Make sure the play area is clear of furniture, objects and other people that could be bumped into during game play. Please ensure that you are not near other people, stairs, balconies, windows, walls furniture or other objects that may pose a danger to you or could be damaged or injured during or immediately after using the Game. All objects that may pose tripping hazards, could cause injury, or could be damaged as the result of your contact with them while playing the Game should be removed from the play area prior to your or your family members playing the Game. Never handle sharp or dangerous objects while playing the Game. Due to the immersive nature of the Game, sound volumes should be kept at low enough levels that you are able to maintain awareness of your surroundings while playing the Game and so as not to damage your hearing. You should not use the Game if your awareness of your surroundings is impaired by lack of sleep, drugs, alcohol, the effects of a hangover, stress, anxiety or when suffering from a cold, flu, headaches, migraines or other illnesses.
Content and Content RightsFor purposes of these Terms: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are included in the Game or posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that you make available through the Services, including by posting, uploading, inputting, providing, or submitting, publicly or privately, on community forums, discord channel or directly to Mega Particle. User Content includes any feedback or suggestions you provide to Mega Particle. Content includes without limitation User Content.
Content Ownership, Responsibility and RemovalMega Particle exclusively own all right, title and interest in and to the Game, Services, and Content, including all associated intellectual property rights, with the exception of User Content, to which Mega Particle does not claim any ownership rights, but rather possesses license rights as described below. Nothing in these Terms will otherwise be deemed to restrict any rights that you may have to use and exploit your User Content. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content.
Rights in User Content granted by you
You acknowledge and agree that by submitting any User Content, or by making any User Content available through the Game, posting on our Discord channel, Facebook channel or to our support email, you hereby grant Mega Particle a non-exclusive, transferable, sub-licensable, perpetual, worldwide, royalty-free license to use, incorporate into any of Mega Particle’s intellectual property, Game or other software, Services, or other products, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content. Mega Particle will not compensate you with respect to the use of any User Content. Any User Content that you post on our public forums will be visible to the public and neither we nor any of our users owe you any confidentiality obligations in relation to your User Content.You are solely responsible for all your User Content. You represent and warrant that: (i) you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms; and (ii) neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by Mega Particle on or through the Game or Services 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 or regulation. You can remove your User Content by specifically deleting it. However, in certain instances, some of your User Content may not be completely removed and copies of your User Content may continue to exist on the Services. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
General Prohibitions and Mega Particle’s Enforcement RightsYou agree not to do any of the following:
- Do anything in connection with your use of the Game, including posting, uploading, publishing, submitting or transmitting any Content that: (i) is illegal; (ii) infringes, misappropriates or violates a third party’s intellectual property rights, or rights of publicity or privacy; (iii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iv) is fraudulent, false, misleading or deceptive; (v) is defamatory, obscene, pornographic, vulgar, racially or ethnically offensive; (vi) harasses, threatens or embarrasses others, or promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances; (ix) is cheating (i.e., unauthorized methods that influence Poker VR’s gameplay, including exploits of any in-game bugs, that give you and/or any other user an advantage over other players not using such methods); (x) is offensively coarse, intimidating or threatening, constitutes unwelcome sexual advances or requests for sexual favors, or is otherwise likely to cause annoyance or alarm; (xii) violates the Code of Conduct; or (xii) violates “Netiquette.” Additionally, to ensure that Poker VR is a safe and welcoming space for all users, you agree to report to us using the contact information provided below: (1) any other users that you believe are violating any of the foregoing prohibitions, and (2) any Content that you believe was submitted by or about a child under the age of 13.
- Transfer virtual currency (gold and/or chips) to other accounts
- Use, display, mirror or frame the game or any individual element within the game, Mega Particle’s name, any Mega Particle’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Mega Particle’s express written consent;
- Access, tamper with, or use non-public areas of the game, Mega Particle’s computer systems, or the technical delivery systems of Mega Particle’s providers;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Mega Particle or any of Mega Particle’s providers or any other third party (including another user) to protect the Game or Content;
- Attempt to access or search the Game or Content or download Content from the Game through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Mega Particle or other generally available third-party web browsers;
- Use any meta tags or other hidden text or metadata utilizing a Mega Particle trademark, logo URL or product name without Mega Particle’s express written consent;
- Use the Game or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Game or Content;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Game;
- Collect or store any personally identifiable information from the Game from other users of the Services without their express permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation; or
- Encourage or enable any other individual to do any of the foregoing.
DMCA/ Copyright PolicyMega Particle respects copyright law and expects its users to do the same. It is Mega Particles policy to terminate in appropriate circumstances Account holders or other users of the Game who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Mega Particle will respond to allegations of copyright infringement or other violations in accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. The DMCA provides a means for you to notify us concerning alleged copyright infringement. When we receive a valid DMCA notice, we will respond under this process by taking down the allegedly offending content. We will then take reasonable steps to contact its owner so that they may file a counter-notification. If we receive a valid counter-notification, we may restore the original content at issue, unless you notify us that you have filed legal action seeking a court order restraining the alleged infringer from continuing the allegedly infringing conduct. If you believe that your copyrighted work is being infringed by material that appears in our Game, websites, or other online services, please provide Mega Particle the following information that the DMCA requires:
- A description or identification of the copyrighted work that you claim to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- A description of where the allegedly infringing material is located in the Game, Mega Particle’s Game website(s), or other related electronic platform.
- Information reasonably sufficient to permit Mega Particle to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- Your statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Links to Third Party Websites or ResourcesThe Game may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.
TerminationWe may terminate your access to and use of the Game or Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of the Game, Services, and/or your Account, provisions relating to Content Ownership, DMCA/Copyright Policy, Termination, Warranty Disclaimers, Indemnity, Limitations of Liability, and Dispute Resolution shall survive such termination.
Warranty DisclaimersTHE GAME, SERVICES, AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Game or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
IndemnityYou will indemnify and hold harmless Mega Particle and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Game, Services, or Content, (ii) your User Content, or (iii) your violation of these Terms.
Limitation of LiabilityNEITHER MEGA PARTICLE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE GAME, SERVICES, OR CONTENT WILL BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MEGA PARTICLE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL MEGA PARTICLE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE GAME, SERVICES, OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO MEGA PARTICLE FOR USE OF THE GAME, SERVICES, OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO MEGA PARTICLE, AS APPLICABLE. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MEGA PARTICLE AND YOU.
Dispute ResolutionYou and Mega Particle agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Game or Content (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Mega Particle with written notice of your desire to do so by email or regular mail within thirty (30) days following the date you first agree to these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Mega Particle with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. Unless you timely provide Mega Particle with an Arbitration Opt-out Notice, you acknowledge and agree that you and Mega Particle are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Mega Particle otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
General TermsThese Terms constitute the entire and exclusive understanding and agreement between Mega Particle and you regarding the Game and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mega Particle and you regarding the Game and Content. If any provision of these Terms is held invalid or unenforceable that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without Mega Particle’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Mega Particle may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Mega Particle under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Mega Particle’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mega Particle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. GOVERNING LAW This Agreement shall be construed (without regard to conflicts or choice of law principles) under the laws of the United Kingdom. Unless expressly waived by Licensor in writing for the particular instance or contrary to local law, the sole and exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Licensor’s principal corporate place of business (London, United Kingdom). You and Licensor consent to the jurisdiction of such courts and agree that process may be served in the manner provided herein for giving of notices or otherwise as allowed by UK law. You and Licensor agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
Contact InformationIf you have any questions about these Terms, the Game and/or the Services, please contact Mega Particle at email@example.com.
Full terms apply
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- 1.1 When playing with an active bonus, bets (real and bonus) are limited to a total of £3.
- 1.2 Some games cannot be played with bonus money or have a limited contribution to bonus wagering requirements. You can find the list here.
- 1.3 Deposited funds as well as real money winnings can be withdrawn at any time. Requesting a withdrawal cancels all active bonuses of your account.
- 1.4 The balance of different bonuses does not merge, and each bonus has its own Wagering Requirement. If a player has several bonuses active at the same time, the oldest will be the one wagered first. It can also happen that a single bet contains a part of real money and a part of bonus money, from one or more active bonuses. In this case winnings are distributed proportionally according to the contribution of each source toward the bet.
- 1.5 Bonus money is only accessible if the real money balance has been wagered and lost. Any action or attempt to use bonus money without spending the real money first will be considered as a bonus abuse. In particular, interrupting games to block real money in unfinished game rounds to access bonus money, and then finishing the rounds after playing the bonuses, is considered as major abuse. The casino reserves the right to confiscate all delayed real money wins collected after playing with bonus money.
- 2.1 This offer is available only for players with address in the United Kingdom.
- 2.2 The bonus on deposit doesn't apply to deposits made with Skrill, EcoPayz or Neteller.
- 2.3 You need to validate your phone number in order to claim the Welcome Package.
- 2.4 The welcome deposit bonus is a 100% bonus up to £100 on your deposit. The minimum deposit to claim the welcome deposit bonus is £20.
- 2.5 The welcome deposit bonus must be wagered x48 to be converted to real (withdrawable) money.
- 2.6 The welcome deposit bonus is valid during 7 days after activation.
- 2.7 This promotion is limited to one per household, IP address, computer device and telephone number.
- 3.1 The first 20 extra spins bonus will be granted immediately after activating the deposit bonus of this welcome package. Following 20 extra spins bonuses will be granted the following four days at 09:00 AM at player account's timezone.
- 3.2 The winnings of each 20 extra spins bonus must be wagered x48 to be converted to real (withdrawable) money.
- 3.3 Each 20 extra spins bonus must be activated within 24h after being granted. Each bonus is valid during 7 days after activation.
Full terms apply
General Terms and Conditions
These terms and conditions are specific for the various bonus and promotions available on SlotsMillion.com. These bonus terms are in addition to the General Terms and Conditions of the site.
Bonus and Promotion Terms and ConditionsFrom time to time, you will be granted bonus offers. You will be notified through the website banners, in the list of Available Bonuses in your Lobby, and by email if you subscribe to our promotional emails. Most of the time, you will receive such offers with no individual conditions, however, sometimes you might have to fill certain conditions to get the offer. Example: A "20 Extra Spins bonus offered after €100 wagered on X game" will appear in your lobby only once you have wagered the €100 on the specified game. Every bonus comes with specific terms and conditions (in particular the wagering requirement, conversion limit or expiration), which will be displayed when clicking on any bonus banner on the website or from your Lobby > Promotions. In the event of discrepancies between the promotional content of the offer and the terms and conditions of the bonus, the bonus terms and conditions will prevail. By claiming a bonus, you agree to accept its terms and conditions. There are three types of bonus: - Free Cash Bonus: a predefined bonus amount added to your bonus balance. Example: A €20 Free Cash Bonus will grant you €20 on your bonus balance immediately after activation, - Deposit Bonus: has to be activated with a real money deposit; its amount is variable as it depends on the related deposit amount. Deposit Bonuses are defined by a percentage of deposit and a maximum bonus amount. Example: If you get a "50% up to €100 bonus" and activate it with a €200 deposit, you will get €100 bonus added to your bonus balance (50% of €200). A lower amount, like €100, will grant you €50 bonus (50% of €100), while a higher amount like €300 won't grant you more than the limit of €100, - Extra Spins Bonus: a predefined number of extra rounds you can play on one or more specific games. Once the rounds are played, the total winnings are added to the bonus balance. Example: "20 Extra Spins on Starburst" will grant you 20 extra rounds on the Starburst game. If you win €12 playing those rounds, that €12 will be added to your bonus balance. The bonus money you accept can be converted to real money. Each bonus comes with a Wagering Coefficient, for example: x35, which determines the amount you need to wager with this bonus money, the Wagering Requirement, so you can convert the remaining bonus balance to real money. The Wagering Requirement is calculated by multiplying the initial bonus amount with the Wagering Coefficient. Example: To convert to real money a €10 Free bonus with a Wagering Coefficient of 35x, the Wagering Requirement is €350 (10x35). Immediately after you have completed the Bonus Wagering Requirement, the bonus balance is transferred to your real balance and the bonus is archived. Some bonuses, however, may come with a Conversion Limit which determines the amount up to which the bonus can be converted to real money. Example: After wagering €350 with your €10 bonus money, there is €45 left on the bonus balance. If the bonus has no Conversion Limit or a limit higher than €45, all the €45 will be transferred to your real balance. If the bonus has a Conversion Limit lower than €45 - let's say €30, only €30 will be transferred to your real balance and the rest will be lost. The Conversion Limit should not be confused with any Withdrawal Limit mechanism: as soon as bonus money is turned to real, it becomes all yours, there is no limit in the amount you can withdraw. All games do not equally contribute to bonus wagering progression. The Wagering Ratio of a game determines whether it fully contributes toward bonus wagering or only partially. The default ratio 1.0 means that for a €4 bonus bet, the bonus wagering progresses by €4 (1.0x4), while a ratio of 0.5 means that for €4 bonus bet, the wagering progresses only by €2 (0.5x4). Click here to see the list of all games that do not fully contribute to bonus wagering. It is quite usual to have several bonuses active at the same time. All your active bonuses will appear in the MY PROMOTIONS section of your Lobby. The balance of each of your bonuses do not merge and each bonus has its own Wagering Requirement. You can easily see the global amount of bonus money on your account by consulting the balance summary in the top menu (accessible by clicking on your Username). In the MY PROMOTIONS section of your Lobby, you can see the details of each Active Bonus, your progression through the Wagering Requirement, as well as all the particular bonus conditions. You always bet your real money first and then your bonus money and only bonus money is used towards wagering. If you have several bonuses active at the same time, the oldest will be the one wagered first. It can also happen that a single bet contains a part of real money and a part of bonus money, from one or more active bonuses. Example: If you have €10 real balance and €4 bonus balance, a €14 bet is allowed in one single spin. In the same spirit, if you have two bonuses active of €2 each, a €14 bet is allowed (€10 real money + €4 bonus). In case of a bet made with money from several sources (real and bonus and/or several bonuses), winnings are distributed proportionally according to the contribution of each source toward the bet. Likewise, the progression through Wagering Requirement of each bonus is incremented according to its contribution. Example: If you place a €10 bet with a real balance of €8 and a bonus balance of €100, €8 will be deducted from your real balance and €2 from your bonus balance. The contribution is then calculated as 80% from real money and 20% from bonus money. In case of a winning of €20 for example, the winnings are distributed as 80% of €20 to real balance, and 20% of €20 to the bonus balance. In addition, the €2 bonus will contribute to the Wagering Requirement. When you have an active bonus you are not allowed to bet over €5 ($5, 30kr) in one spin (real or bonus money) even though the game might seem to allow it. In case you step over this limit, your bet will be rejected and any winnings will be voided. Most of our offers are available only for a limited period of time, until the Offer Expiration. If you don't claim the offer within its time-frame, it will disappear definitely. Once accepted, a bonus is active only for a limited period of time until the Bonus Expiration, which corresponds to the time you have to complete the Wagering Requirement in order to convert your bonus to real money. Most of the time, the Bonus Expiration comes 7 days after the Bonus Activation. If you do not complete the Wagering Requirement of a particular bonus before the Bonus Expiration, the bonus expires so the remaining money on the bonus balance is removed from your total balance, and the bonus is archived. If the balance of a particular bonus reaches 0, this bonus will be considered as used and will disappear from your Active Bonuses list. You are free to withdraw the real money on your balance at any moment with no restriction, even if you have one or more Active Bonuses. Submitting a withdrawal request will cancel all your active bonuses and their amounts will be removed from your total bonus balance. However, cancelling this withdrawal request will reactivate these cancelled bonuses, assuming they haven't reached their Bonus Expiration in the meantime. All the particular conditions of a bonus are detailed in the MY PROMOTIONS section of your Lobby as well as in the Bonus claiming pop-up. Read the pop-up carefully before accepting a bonus as some bonuses might have different terms than others. There are some games where bonus money cannot be played and is totally excluded, in which case the in-game balance will appear as different from the casino's balance as we do not show any of your bonus money in the in-game balance. Click here to see the list of games on which bonus money cannot be played. We usually grant bonus offers on a regular basis for calendar events, new game releases, or as recurring rewards to loyal players. They are limited to one per household, IP address, computer device and telephone number. We consider these as gifts, and we reserve the right to exclude players from our bonus program, temporarily or definitely, in particular in case of fraud detection or bonus abuse. In such cases, we reserve the right to remove any active or available bonus present on their account as well as deduct from their balance any real money obtained from the bonus wagering completion. We consider as bonus abuse any action or behaviour meant to obtain real money by bypassing the normal bonus wagering system or exploiting eventual bugs or breaches. In particular, interrupting games and filling the real money balance in order to get real money winnings from a bonus bet is considered a major abuse that may be punished by a complete exclusion from the bonus program or the casino. The bonus money we give is meant to extend the playtime and give some extra chances to players that have been unlucky with their own money; that is why the bonus money is only accessible if the real money balance has been wagered and lost. Any action or attempt to use bonus money without spending the real money first will be considered as a bonus abuse. In particular, interrupting games to block real money in unfinished game rounds to access bonus money, and then finishing the rounds after playing the bonuses, is considered as major abuse. The casino reserves the right to confiscate all delayed real money wins collected after playing with bonus money.
Find the Best VR Casino
Although players are still excited thanks to all these benefits provided by online casinos, the developers just do not stop there, now allowing men and women to bring their gaming experience to the new level. Virtual reality casino games have already grabbed the attention of lots of players from all over the world, and if you want to find out more about that, you are at the right place.
About a Virtual Reality Casino
It is something between traditional land-based and online gaming venues, allowing players to enjoy the benefits of both. VR games provide users with the most realistic gaming experience, making them feel playing at a real brick and mortar casino.
The new fantastic gaming technology is now available thanks to innovative VR software and hardware. Basically, when playing at such a virtual venue, you will see the same things typically found at traditional gaming venues. You can go to the bar to have a drink, sit in the lounge talking to other players, or fire up a cigar while playing your favorite game. It is just amazing!
If you wish to enjoy a fully immersive experience, you should get special equipment, such as goggles, headsets, etc. but if you do not have it, you can still play at such a gaming venue.
So, what should you expect? The following are the main features that you can count on:
• Detailed game rooms, which you can walk through and explore the environments in incredible 3D;
• The ability to do and see hand and body gestures;
• Realistic VR casino games;
• Fantastic sound effects;
• 3D tables, where you can pick your seat, talk to live dealers, or communicate with other players;
• In-game chats.
Pros and Cons
The following are the advantages and disadvantages of enjoying virtual reality gaming:
• It provides the best immersive gaming experience than other modern products;
• The gaming venues are not hard to find;
• The choice of games is pretty good.
• It is more expensive than traditional online gambling;
• Requires extensive software to run.
Finding the Best VR Games
If you want to check the latest trend in the online gambling industry, we can help you with that. You will find the detailed information on the most reputable gaming venues, allowing you to enjoy a thrilling realistic gaming experience right from the comfort of your home.
On our website, you will find detailed reviews on the most interesting games from casino VR poker to slots. You will just need to go through the relevant information to choose something. No matter what you pick, you can be sure that you will enjoy a fantastic gaming experience because we strive to provide our readers with the best virtual reality titles available on the market today.