NOTE: THIS APPLICATION AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING” OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES BASED ON THE OUTCOME OF PLAY. NO PURCHASE IS NECESSARY TO PLAY. FREE CHIPS ARE OFFERED AT LEAST TWO TIMES IN A 24 HOUR PERIOD. A DAY GAME IS COMPLETELY FREE TO PLAY AND
Acceptance of Terms
Right to Use and Limitations on Use
- Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
- Restrict, limit or inhibit others from using the Services or interfere, disrupt or degrade or Violate any requirements, procedures, policies, regulations or operation of the Services or networks used to make the Services available.
- Create false personas, multiple identities or user accounts, set up an account on behalf of someone other than yourself, use bots, use an auto-clicker or other automated software programs or perform any other action that may defraud WGAMES or any third party.
- Attempt to obtain passwords or other private information from other users of the Services including personally identifiable information;
- Use the Services if you have previously been removed or banned by WGAMES;
- Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an advantage whether intended or unintended while using the Services;
- Exploit or distribute any game error or technical glitch that provides an unintended advantage to a user, including but not limited to accessing one-time promotions more than once;
- Transfer, sell, or re-sell Virtual Currency or Virtual Goods (as defined below), to other individuals, parties, or entities, or fraudulently acquire Virtual Currency or Virtual Goods;
- Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without WGAMES’s written permission;
- Access or use an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without WGAMES’s written permission;
- Use the Services to post or transmit any malware of any kind including, but not limited to: Trojan horses, Viruses, Worms, Adware, Backdoor or Spyware that is harmful, invasive or may cause damage, whether intended or unintended, or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- Attempt to use the Services on an application through any Web site, service or devices that is not authorized by WGAMES
Access; User Names and Passwords
When offered or available, you may log in to use the Services by using your Facebook account. By using your Facebook account to log in to the Services, you affirmatively consent to our sharing of your actions and data with Facebook. You must have a valid, active Facebook account to use and access the Services.
When accessing the Services from a mobile device, you will also need to have an account with a source of downloadable mobile applications, such as an iTunes or Google Play account. You are solely responsible for any such account, and with your compliance with any agreement you may enter with respect to such account. You may need to update third-party software, such as your operating system, from time to time to access the Services. We are not responsible in any way for such third-party software. You are responsible for the device you use to access the Services and the fees to connect to the Internet and application marketplaces or for data or cellular usage to download and use the Services.
You are responsible for maintaining the confidentiality of any password you may use to access the Services and agree not to transfer your password or user login information (“User Name”) or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Services, and to ensure that you “log off” or exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations, and you agree to indemnify and hold WGAMES harmless for any improper or illegal use of any of your WGAMES account(s). This includes illegal or improper use by someone to whom you have given permission to use your account(s) or whom you have negligently allowed to access your account(s).
You further represent and warrant that all information you supply to WGAMES is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your participation and forfeiture of any Virtual Currency and Virtual Goods to which you are otherwise entitled, at WGAMES’s sole discretion, to the extent legally permissible.
Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Goods or Virtual Currency with the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. WGAMES has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion to the extent legally permissible, and WGAMES shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, WGAMES may selectively remove or revoke Virtual Currency and/or Virtual Goods associated with your account.
You understand and agree that all sales of Virtual Currency and Virtual Goods are final and that WGAMES is not required to provide a refund for any reason. All Virtual Currency and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in WGAMES’s sole and absolute discretion, or if the Services are no longer available. To the extent legally permissible, if your account for the Service associated with your account, is terminated, suspended and/or if any Virtual Currency and/or Virtual Goods are selectively removed or revoked from your account, no refund will be granted, no Virtual Currency and/or Virtual Goods will be credited to you or converted to cash or other forms of reimbursement.
Intellectual Property Ownership
WGAMES and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the “Content”). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark (“Trademarks”) used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications, whether verbal or in writing, including data, evaluations, questions, comments, suggestions, or similar, you transmit to WGAMES by electronic mail or otherwise are and will be treated as, non-confidential and non-proprietary. WGAMES is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to WGAMES for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.
User Information and Content
By participating on the Site, you agree that the Site (a) may display your first name, first initial of your last name, picture, profile and game records on the Site, and (b) may print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation. You agree that you are solely responsible for any content, location information, messages, posts, comments, data, text, images, photographs, videos or other materials that you transmit through the Services (“User Content”). By submitting, transmitting, posting, uploading, or otherwise providing any User Content in connection with the Services, you are granting WGAMES a royalty-free, fully paid, non-exclusive, sublicensable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all user Content for any purpose, including, without limitation, advertising and promotional purposes. No credit, approval or compensation is due to you for any such use of the User Content you may submit.
WGAMES reserves the right (but at no time be obligated to), in its sole discretion, remove, block, edit move, disable or permanently delete User Content with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, WGAMES shall at no time be liable for the removal, modification, blocking, moving or deletion of User Content.
You further represent and warrant that you own or otherwise control any and all rights in and to the User Content and that public posting of the User Content by WGAMES will not infringe or violate the rights of any third party in any manner. You also agree that the User Content shall not include any personal identification, such as personal names, email addresses, or other indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person’s privacy. Further, the User Content shall not include any of the following:
- comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
- comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
- comments or other materials that harass or advocate the harassment of another person;
- comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
- comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- comments or other materials that infringe any party’s trademark, trade secret, copyright or other proprietary rights.
The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. WGAMES is under no obligation to monitor these communication channels but may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. WGAMES may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by WGAMES, and these communications should not be considered reviewed or approved by WGAMES. You will be solely responsible for your activities within the Communication Channels and under no circumstances will WGAMES be liable for any activity within the Communication Channels.
You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. WGAMES is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
WGAMES requires our users to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all the requirements of the Digital Millennium Copyright Act (“DMCA”). Your notice should contain the following information:
- a 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 and its location within the Services;
- 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 owner, its agent or the law; and
- 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 in the copyright or intellectual property owner’s behalf.
Before you file your DMCA notice, please carefully consider whether the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
1209 N Orange St
Wilmington, DE 19801
Limitation of Liability
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF WGAMES, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF WGAMES AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT IN NO CASE WILL LIABILITY EXCEED WHAT YOU HAVE PAID WGAMES IN THE NINETY DAYS (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
Release of Liability
Disclaimer of Warranties
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The games offered through the Services may not replicate the odds of winning or the payouts of game credits awarded of similar games found in casinos. The games may also include certain products which resemble “real world” gaming products, but which have a fixed payout amount that is pre-determined by WGAMES in its sole discretion. The game credits awarded may also be variable over time, and we reserve the right to change them from time to time in our sole discretion. WGAMES may change the award percentages without notification to you.
Hacking or Tampering With the Services
You agree that WGAMES is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means any form of automation, including but not limited to bots, macros, or similar methods, or to otherwise commit fraud regarding the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes to which you are otherwise entitled.
Disputes with Others
WGAMES reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release and hereby agree to indemnify WGAMES from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree WGAMES cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. WGAMES makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with WGAMES have authority to make any such representations or warranties. WGAMES reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.
Links to Third Party Sites
Although the Services may contain links to third party websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. By accessing, using or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
Updates to the Services
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services’ availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.
PLEASE READ THIS “BINDING ARBITRATION” PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH WGAMES AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THIS PROVISION PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST WGAMES. IT ALSO PRECLUDES YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY CURRENT OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST WGAMES BY SOMEONE ELSE. IN ADDITION, ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Authority of Arbitrator. Apart from class procedures and remedies as discussed below under “Waiver of Class Relief,” the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.
Confidentiality. You and WGAMES 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.
Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 of the fees charged by JAMS in connection with any arbitration under this section, and WGAMES will bear all other costs charged by JAMS or the arbitrator, including any remaining JAMS Case Management Fee and all professional fees for the arbitrator’s services. You will still be responsible for paying your own attorneys’ fees.
WAIVER OF CLASS RELIEF. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AGREE THAT YOU AND WGAMES WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING. YOU AND WGAMES ARE EACH WAIVING RESPECTIVE RIGHTS TO A LLTRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Last updated June 2018