These Terms of Service (the "Terms" or "TOS") and the Arbitration Agreement (see Section 17) form binding agreements between you ("you" or "User") and MINTED SLOTS ("MINTED SLOTS," "we," "us," or "our"). They govern your access to and use of the platform called "MINTED SLOTS" at www.mintedslots.com and any related applications (the "Site"), your creation and use of a MINTED SLOTS user account ("User Account"), your use of the freemium games ("Games") on the Site, and your transactions or other dealings with us in connection with the Site and related services (collectively, the "Service").
IMPORTANT NOTICES:
THIS WEBSITE AND THE SERVICES
PROVIDED HEREIN DO NOT OFFER "REAL MONEY GAMBLING." NO ACTUAL MONEY
IS REQUIRED TO PLAY, AND THE SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES
ONLY.
THESE TERMS OF SERVICES INCLUDE AN
ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST,
PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND
BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY.
YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED
CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI
TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON
BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR
CASE TO A JURY.
OPT-OUT. IF YOU DO NOT WISH TO BE
SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND
YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN
CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION
AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE
INSTRUCTIONS PROVIDED IN THE "BINDING ARBITRATION AGREEMENT AND CLASS
ACTION WAIVER" - SEE SECTION 17 OF THESE TERMS, BELOW. OPT-OUT REQUESTS
SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT
OUT OF THE ARBITRATION AGREEMENT IN SECTION 17, ALL OTHER REMAINING SECTIONS OF
THESE TERMS APPLY.
PLEASE READ THESE TERMS OF SERVICE,
THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 17), AND THE MINTED
SLOTS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES. THESE TERMS
INCORPORATE THE PRIVACY POLICY, THE OFFICIAL SWEEPS RULES, THE RESPONSIBLE
SOCIAL GAMEPLAY POLICY, AND ANY OTHER POLICIES THAT EXPRESSLY INCORPORATE THESE
TERMS (COLLECTIVELY, THE "INCORPORATED POLICIES").
MINTED SLOTS and its service
providers may use cookies, pixels, SDKs, and similar tracking technologies as
described in the Privacy Policy and as permitted by applicable law. Nothing in
these Terms is intended to waive rights that cannot lawfully be waived.
Acceptance of Terms. You represent
and warrant that you have the right, authority, and capacity to accept these
Terms and to comply with them, that you are of legal age to use the Service,
and that you have read and understood these Terms. By using, accessing, or
clicking to accept the Service where that option is made available, you confirm
that you have read and agree to these Terms. If you do not agree, you may not
access or use the Service.
The Service is not sponsored,
endorsed, or administered by, or associated with Apple, Facebook or Google. You
understand that you are providing your information to MINTED SLOTS only and not
to Apple, Facebook or Google.
DEFINITIONS
Collective Arbitration means any
claim as part of a class, group, collective, coordinated, consolidated, mass,
or representative proceeding.
Content means text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos, sounds, music,
artwork, computer code and other material used, displayed or available as part
of the Games and Platform. Content includes GOLD COINS and SWEEPS COINS.
Game means any one or more Game(s)
available on the Platform in either Standard Play or Promotional Play. We
reserve the right to add and/or remove Games from the Platform (including
limiting their availability in certain jurisdictions) at our sole discretion
for any reason.
GOLD COINS means the virtual social
gameplay token which enables you to play the Standard Play Games. GOLD COINS
have no monetary value and cannot under any circumstance be redeemed for prizes.
Inactive Account means a Customer
Account which has not recorded any log in or log out for a period exceeding 12
consecutive months.
Participate means playing any Games
or using our Platform in any manner whatsoever.
Payment Administration Services
means the service provided through any related body corporate, affiliate, or
third party that MINTED SLOTS appoints to act as the agent.
MINTED SLOTS may appoint one or
more affiliates or third-party service providers to perform payment processing,
marketing, publishing, customer support, compliance, fraud prevention,
geolocation, or other operational services on its behalf. Any such providers
act only as authorized service providers subject to applicable law and
contractual restrictions.
Payment Mechanism means any card,
online wallet, financial/bank account or other payment mechanisms used to
purchase GOLD COINS.
Platform means the Services
provided through any URL or mobile application belonging to, or licensed to us.
Player means any person who
Participates, whether or not a Registered Customer.
Prizes means prizes won when
playing Promotional Play Games which are redeemable for valuable prizes in
accordance with the Sweeps Rules.
Promotional Play means
participation in our sweepstakes promotions by playing any Games on the
Platform with Sweeps Coins.
Restricted Territories means any
jurisdiction where the Service, Promotional Play, or a particular feature is
prohibited by applicable law, unavailable due to licensing or business
decisions, or otherwise identified by us from time to time on the Site, in the
Sweeps Rules, during registration, or through geolocation and verification
controls.
Registered Customer means a Player
who has successfully registered a Customer Account, whether that account is
considered active or not.
Standard Play means participating
in any Game on the Platform played with GOLD COINS. We may give you GOLD COINS
free of charge when you sign up to a Platform and thereafter at regular
intervals when you log into a Platform. You may win more GOLD COINS when you
play in Standard Play and you may purchase more GOLD COINS on the Platform. You
cannot win Prizes when you Participate in Standard Play.
SWEEPS COINS means sweepstakes
entries subject to the Sweeps Rules. We may give you Sweeps Coins free of
charge when you sign up to a Platform, as a bonus when you purchase GOLD COINS
or via each of our free alternative methods of entry as set out in the Sweeps
Rules. You may win more Sweeps Coins when you Participate in Promotional Play.
YOU CANNOT PURCHASE SWEEPS COINS.
Sweeps Rules means the Sweeps Rules
available on the Platform.
Terms of Service means these terms
and conditions, as amended from time to time.
Third Party Website means a
third-party website not controlled by us.
User Account means an account held
by a Registered Customer.
Virtual Coins means GOLD COINS, and
SWEEPS COINS.
1. Changes to Terms of
Service and Incorporated Policies
1.1 We may modify or amend these
Terms from time to time. Material changes will be reflected on the Site with an
updated effective date, and we may also notify you by email, in-product
message, or other reasonable means. Unless a different effective date is
stated, changes become effective when posted.
1.2 We may also modify or amend any
Incorporated Policy from time to time. Your continued use of the Service after
the updated Terms or Incorporated Policies become effective constitutes your
acceptance of those changes, except to the extent applicable law requires
additional notice or consent.
1.3 If you have any questions about
these Terms or the Incorporated Policies, please contact customer support at
contact@mintedslots.com.
1.4 In the event of any
conflict between the Terms and the Incorporated Policies, the Terms shall
control.
2. Limited Revocable License
(the "License")
2.1 GOLD COINS. The Service
includes a License to You to use virtual, in-game tokens, GOLD COINS provided
for use on the Platform. No matter the reference, Virtual Coins are
non-transferable and may be used subject to this License only. On the Site,
Games are currently played with GOLD COINS.
Regardless of the format of the
Games of chance presented on the Platform, there is no opportunity for a User
on the Platform to win real-money or any prize while playing the Games using
GOLD COINS, regardless of whether any purchase was made at any point by the
User. GOLD COINS do not have any real money value.
2.2 The License. Subject to Your
agreement and continuing compliance with these Terms, we grant You a limited,
personal, non-exclusive, non-transferable, non-sublicensable, revocable license
to access and use the Service, Games and Virtual Coins solely for Your
personal, private entertainment on the Platform and for no other reason.
2.3 No Right to Sell or Assign. The
transfer or sale of Virtual Coins by You to any other person is strictly
prohibited. You may not sell or assign Your User Account to any other person
under any circumstances. Any attempt to do so is in violation of these Terms,
will result in closure and forfeiture of the User Account, and may result in a
lifetime ban from the Service and possible legal action.
2.4 No Purchase Required. No
purchase is required to set up a User Account or play Games. The Platform is
committed to at all times providing additional access to GOLD COINS or
otherwise to free-to-play games to Users who deplete their balance of licensed
GOLD COINS.
2.5 These Terms do not grant You
any right, title, property or ownership interest in the Service or any Virtual
Coins.
2.6 This Service is licensed, not
sold, to You. You agree that we and our own licensors own all rights, title and
interest in and to the Service, including all intellectual property rights
therein as further specified below in Section 11, and that we retain ownership
of the Service even after any installation on Your device. You agree not to
delete or in any manner alter the copyright, trademark or other proprietary
rights notices or markings which may appear on the Service.
2.7 Except as identified and
specified in these Terms, You agree not to:
2.7.1 sell, rent, distribute,
transfer, license, sub-license, lend or otherwise assign any rights of any part
of the Service to any third party;
2.7.2 copy, modify, create
derivative works of the Service (including but not limited to any software that
forms part of the Service), including, without limitation, making adaptations
or modifications to the Service;
2.7.3 reproduce the Service
or any part in any form or by any means;
2.7.4 exploit the Service in any
unauthorized way whatsoever, including without limitation, by trespass or
burdening network capacity;
2.7.5 disassemble, decompile,
reverse engineer, or attempt to derive the source code of the Service, in whole
or in part, or permit or authorize a third party to do so, except to the extent
such activities are expressly permitted by law;
2.7.6 make the Service available to
multiple users by any means, including by uploading the Service to a
file-sharing service or other type of hosting service or by otherwise making
the Service available over a network where it could be used by multiple devices
at the same time;
2.7.7 misrepresent the
source of ownership of the Service;
2.7.8 scrape, build
databases or otherwise create permanent copies of any content derived from the
Service.
To the extent legally permissible,
if your User Account or a particular subscription associated with it is
terminated or suspended, or if any Virtual Coins are removed or revoked due to
a violation of these Terms, fraud, chargebacks, or operational error
correction, refunds will be handled in accordance with these Terms, the
applicable purchase terms, and mandatory consumer protection laws.
3. Eligibility
Your eligibility for continued use
of the Service is contingent on Your ongoing compliance with these Terms, in
particular:
3.1 You are over 18 years of age or
the minimum legal age of majority, whichever is higher, in the jurisdiction in
which you are located at the time of accessing or using the Service and are,
under the laws of the jurisdiction(s) applicable to You, legally allowed to
participate in the Games and access the Service.
3.4 You must not access or use the
Games or Service from any Restricted Territory. We may use geolocation,
identity verification, payment verification, device signals, or other
reasonable measures to determine eligibility and to restrict access where required
by law or our policies.
3.8 If, in the reasonable opinion
of MINTED SLOTS, we form the view that a player is abusing any promotion, to
derive any advantage or gain for themselves or another player, including by way
of fraudulent conduct, we may, at our sole discretion, withhold, deny or cancel
any advantage, bonus or promotional prize as we see fit, or terminate or
suspend the User Account of such player without prior notice.
3.8.1 You will not directly or
indirectly participate in groups or take advantage of, or encourage others to
participate in or take advantage of schemes, organizations, agreements, or
groups designed to share: (a) hacks or money-making strategies; (b) special
offers or packages emailed to a specific set of players and redeemable by URL;
or (c) identification documents (including, but not limited to, photographs,
bills and lease documents) for the purpose of misleading MINTED SLOTS as to a
player's identity.
3.9 In relation to any purchase,
You must only use a valid form of payment accepted by the Platform or its
third-party payment processing provider(s) ("Payment Administration
Agent(s)") which lawfully belongs to You (the "Payment Mechanism").
4. Your User Account
4.1 You must create a User
Account in order to access or use the Service.
4.2 Only one User Account is
permitted per person. In the event You open or try to open more than one User
Account, all User Accounts You have opened or try to open may then be
terminated or suspended and any prizes or Virtual Coins balances may be voided.
4.3 If You lose access to Your User
Account, You must not register a new User Account. Rather, You must contact
customer support via contact@mintedslots.com to have Your User Account status
updated.
4.4 You are required to keep Your
personal details up to date. If You change Your address, email, phone number or
any other contact details or personal information, please contact customer
support. The name that You provide to us at registration must match any
identification You provide for Your User Account verification.
4.5 You confirm that You will not
share Your User Account or password with any other person or let anyone else
access or use Your User Account without our written permission. You will not
access or use a User Account which has been rented, leased, sold, traded, or
otherwise transferred from the User Account creator without our written
permission.
4.6 If You become aware, or have
reasons to suspect, that the security of Your User Account may have been
compromised, including loss, theft or unauthorized disclosure of Your password
and User Account details, You must notify us immediately.
4.7 You are responsible for
maintaining the confidentiality of Your User Account and accept responsibility
for all uses of the User Account, including any purchases (whether or not
authorized by You).
4.8 We may close a User Account if
it remains inactive for a period of twelve (12) months or longer and is
therefore Dormant under Section 6.11. Where reasonably practicable, we may
attempt to provide notice before taking such action.
4.9 If You wish to close Your User
Account, You may do so at any time by contacting customer support. Closing Your
User Account will forfeit all continued access to and right to use, enjoy or
benefit from any Virtual Coins associated with Your User Account.
4.10 We reserve the right to refuse
to open, suspend, or close a User Account where reasonably necessary for legal
compliance, security, fraud prevention, chargeback risk, operational reasons,
or Responsible Social Gameplay reasons. Our take-a-break (time-out) and
exclusion procedures are described in our Responsible Social Gameplay policy.
5. Games and Contests
5.1 In addition to these Terms,
Games offered on the Service may have their own rules which are available on
the Service. It is Your responsibility to read the rules of a Game before
playing. You must familiarize Yourself with the applicable terms of play and
read the relevant rules before playing any Game.
6. Purchases
6.1 The name on Your Payment
Mechanism must match the name on Your User Account. If it comes to our
attention that the name You registered on Your User Account and the name linked
to Your Payment Mechanism differ, Your User Account will be suspended, purchases
may be voided, and any Virtual Coins balance may be adjusted accordingly. You
must promptly notify us if Your Payment Mechanism is cancelled, lost or stolen
or if the security of Your Payment Mechanism has otherwise become compromised.
6.2 You acknowledge and agree that
we may appoint one or more Payment Administration Agents to process payments
from or to you on our behalf. Where required by applicable law, we will provide
notice of material changes to payment processing arrangements.
6.3 If one or more of your GOLD
COINS purchases is subject to a chargeback request, we may suspend the affected
transaction, investigate the matter, and, where reasonably necessary, suspend
related account features while the matter is being reviewed. If a chargeback is
determined to be validly attributable to your breach, fraud, or unauthorized
reversal, the corresponding amount may be treated as a debt owed to us, subject
to applicable law, and requests to redeem Sweeps Coins for Prizes may be
restricted until the matter is resolved.
6.4 You agree that we and/or our
Payment Administration Agents appointed by us from time to time may store Your
Payment Mechanism details to process future purchases. By accepting these
Terms, you authorize us and/or our Payment Administration Agents to store Your
payment credentials in compliance with applicable payment processing
regulations.
6.5 Payment Administration Agents
act as our service providers or agents for the limited purpose of providing
payment-related services. Nothing in these Terms limits any non-waivable rights
you may have against us or a payment provider under applicable law.
6.6 All purchases will be in
USD.
6.7 MINTED SLOTS and its affiliates
offer multiple options for players to purchase GOLD COINS. Players are
encouraged to review the available options to determine the most suitable
method for their individual requirements. In addition to credit card payments,
players who prefer electronic banking may utilize the ACH method to purchase
GOLD COINS through MINTED SLOTS. This process requires players to provide
certain personal information and relevant banking details.
6.8 If your payments are
made by ACH/electronic debit, you agree to the following:
(a) recurring payments will be made
automatically on or after the completion of the initial period relating to your
first payment. The authority you give MINTED SLOTS and its affiliates to charge
your account with an ACH debit will remain in effect until you notify us;
(b) if the amount of your payment
changes, we will notify you at least 10 days before payment date using the
e-mail address we have on file.
6.10 When You make a purchase, You
will receive two confirmations: (i) an on-screen confirmation that the
transaction has taken place; and (ii) an email to the email address on Your
User Account confirming that the transaction has taken place.
6.11 GOLD COINS may expire if a
User Account becomes Dormant. For the purpose of these Terms,
"Dormant" means there has not been any recorded login or logout for a
period exceeding twelve (12) consecutive months, subject to applicable law and
any mandatory consumer rights.
You are responsible for
chargebacks, reversals, fines, and related costs to the extent they arise from
your breach of these Terms, fraud, misuse of a Payment Mechanism, or
unauthorized activity attributable to you, subject in each case to applicable
law.
7. Promotions
7.1 All promotions, contests, and
special offers are subject to these Terms, the official rules of the promotion,
contest, or special offer, and any additional terms that may be published at
the time of the promotion, contest or special offer.
7.2 We reserve the right to
withdraw or alter any such promotions without prior notice to You at our sole
discretion.
7.3 SWEEPS COINS are given away for
free and cannot be purchased. It is designed to be part of Promotional Play. In
accordance with the Sweeps Rules:
(a) unless we require otherwise in
accordance with section 7.3(b), any SWEEPS COINS allocated to you is only
required to be played once before it is eligible to be redeemed as a prize; and
(b) we may, in our sole discretion,
require that any SWEEPS COINS allocated to you be played a greater number of
times (not exceeding 20) in any combination of Promotional Play Games before it
is able to be redeemed as a prize;
(c) SWEEPS COINS are only valid for
90 days from the date you last logged on to your account and will thereafter
automatically expire.
7.4 We reserve the right at our
sole discretion and without any requirement to provide a justification to
exclude You from any promotions, contests or special offers that may be offered
from time to time.
8. Prize Redemption
8.9 We process requests to redeem
Prizes in the order in which they are received. Our goal is to process your
request as soon as practicable. However, we will only process one Prize
redemption request per customer account in any one-day period. Where you choose
to redeem Prizes for cash you acknowledge and agree that it may take up to 10
business days to process the relevant payment into your nominated bank account.
8.10 There may be delays in
payments due to our identity verification process and certain Payment
Mechanisms will require additional verification at the time of redemption.
Payments of over US$10,000 may require a longer processing time than usual due
to bank clearance and security and fraud checks and may also be paid in more
than one lump sum. This may add up to 7 days to the normal processing time but
is dependent on the circumstances of each individual case.
8.11 Without limiting section 8.4,
Players can request to redeem Prizes of any value, however we reserve the right
to allocate or pay Prizes in smaller increments over a number of days until all
of the Prize has been allocated or paid.
8.12 If you choose to redeem Prizes
for cash but refuse to accept payments made to your nominated bank account by MINTED
SLOTS, you must refuse the amount in its entirety. Where you refuse to accept
payment to your nominated bank account more than twice in any three-month
period, MINTED SLOTS reserves the right to suspend your customer account to
undertake investigations to ensure that the Site is not being used as a vehicle
for fraudulent activity.
8.13 If we mistakenly credit your
customer account from time to time with Prizes that do not belong to you,
whether due to a technical error, human error or otherwise, the amount credited
will remain MINTED SLOTS property and will be deducted from your customer
account. If you have been transferred cash or gift cards that do not belong to
you prior to us becoming aware of the error, the mistakenly paid amount will
constitute a debt owed by you to us. In the event you discover an incorrect
crediting, you are obliged to notify Customer Support via contact@mintedslots.com
without delay.
9. Verification
9.1 You acknowledge that we, or a
third party acting on our behalf, are entitled to conduct any verification
checks (including but not limited to age and identity verifications and credit
background checks) that we may reasonably require and/or that are required of
us under applicable laws and regulations or by relevant regulatory authorities.
You agree to comply with all verification checks in a timely manner.
9.2 You agree that we may restrict
Your opening or use of a User Account pending any verification checks having
been completed to our satisfaction.
9.3 The documents required may
include, but are not limited to, photo identification, such as a
government-issued passport or driver's license; a utility bill that matches the
address registered on Your User Account; and source of wealth or source of funds
documentation such as a payslip or bank statement.
12. User Content
12.6 You acknowledge and agree that
all User Content whether publicly posted or privately transmitted to the
Service is at Your sole responsibility and risk. We disclaim any responsibility
for the backup and/or retention of any User Content transmitted to the Service.
12.7 Prohibited Content;
User Content that is prohibited in the Service includes, but is not limited to:
· harassing User Content;
· User Content of a sexual or
offensive nature;
· User Content that promotes
terrorism or religious hatred;
· User Content that promotes illegal
activities or conduct that is abusive, threatening, obscene or defamatory;
· User Content of commercial nature
without authorization from us; or
· User Content promoting the services
of another business or competitor.
12.8 If You see any material in the
Service that in Your belief is offensive, hateful, harassing or that You
otherwise think is prohibited, please notify us by contacting contact@mintedslots.com.
13. Third Party Websites
& Content
13.1 The Service may contain links
to content owned and/or operated by third parties, for instance third-party
advertisers or payment providers. Any separate charges or obligations that You
may incur in Your dealings with these third parties are Your sole
responsibility. We are not responsible for any such third-party services or
content and do not have control over any materials made available therein.
15. Disclaimers and
Limitation of Liability
15.1 TO THE MAXIMUM EXTENT
PERMITTED BY LAW, MINTED SLOTS, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS,
AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
(COLLECTIVELY, THE "RELEASED PARTIES") WILL NOT BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES,
OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION,
ARISING OUT OF OR RELATED TO THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
15.1.1 THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, THE RELEASED PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT DEFECTS WILL ALWAYS BE CORRECTED.
15.1.2 WITHOUT LIMITING THE
FOREGOING, THE RELEASED PARTIES ARE NOT LIABLE FOR DAMAGES CAUSED BY VIRUSES,
BUGS, NETWORK FAILURES, THIRD-PARTY ACTS, DEVICE MALFUNCTIONS, OR OTHER EVENTS
OUTSIDE THEIR REASONABLE CONTROL.
15.2 Indemnification. To the
maximum extent permitted by law, you agree to indemnify, defend, and hold
harmless the Released Parties from and against third-party claims, liabilities,
damages, judgments, awards, losses, costs, expenses, and reasonable attorneys’
fees arising out of or relating to your breach of these Terms, your unlawful
use of the Service, your fraud or misconduct, or your infringement of another
person’s rights.
15.3 Limitation Period. To the
extent permitted by applicable law, any claim arising out of or relating to the
Service or these Terms must be brought within one (1) year after the claim
arose, or within any longer period required by applicable law.
15.4 Cap on Liability. To the
maximum extent permitted by law, the aggregate liability of the Released
Parties for claims arising out of or relating to the Service will not exceed
the greater of (a) the total amount you paid to us during the twelve (12) months
immediately preceding the event giving rise to the claim, or (b) US$100. This
cap does not apply to liability that cannot be excluded or limited under
applicable law.
16. Initial Dispute
Resolution
Failure to submit a written
communication with the information outlined above may delay our ability to
identify and respond to your complaint or claim in a timely manner and may
extend the informal resolution period to the extent reasonably necessary and
permitted by applicable law.
16.8 The parties shall use
good-faith efforts to settle any Dispute, claim, question, or disagreement
before commencing formal arbitration under Section 17 or litigation where
arbitration does not apply. If the parties do not reach an agreed solution within
forty-five (45) days from the informal dispute resolution conference, then
either party may initiate arbitration or other formal proceedings to the extent
permitted by these Terms and applicable law.
16.9 The informal dispute
resolution process described in this Section 16 is intended to be a condition
precedent to commencing a formal proceeding where permitted by applicable law.
Any applicable limitations period will be tolled only for the period during
which the parties are actively participating in the informal dispute resolution
process.
16.10 Regardless of whether you
decide to opt out of arbitration, the terms set forth in this Section 16
Initial Dispute Resolution shall remain in full force and effect as part of
these Terms.
17. PLEASE READ THIS
ARBITRATION AND CLASS ACTION WAIVER AGREEMENT CAREFULLY. IT MAY REQUIRE YOU AND
MINTED SLOTS TO RESOLVE CERTAIN DISPUTES BY FINAL AND BINDING ARBITRATION ON AN
INDIVIDUAL BASIS ONLY, RATHER THAN IN COURT.
IF YOU HAVE NOT PREVIOUSLY AGREED
TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF THE SERVICE,
YOU MAY OPT OUT OF THIS SECTION 17 BY FOLLOWING THE INSTRUCTIONS IN SECTION
17.13 WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS.
This Section 17 shall be construed
under and governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to the
extent applicable.
THIS SECTION 17 APPLIES ONLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THIS SECTION PREVENTS
EITHER PARTY FROM SEEKING RELIEF IN A COURT OF COMPETENT JURISDICTION FOR
CLAIMS THAT CANNOT LAWFULLY BE ARBITRATED OR FOR PROVISIONAL OR INJUNCTIVE
RELIEF AS PERMITTED BY LAW.
UNDER THIS AGREEMENT, SUBJECT TO
APPLICABLE LAW, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, AS A MEMBER OR
PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, AS A PRIVATE
ATTORNEY GENERAL, QUI TAM ACTION OR UNDER ANY REPRESENTATIVE PROCEEDING, AND
YOU MAY NOT OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE USE OR
BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. You and MINTED SLOTS further
agree that any arbitration pursuant to this AGREEMENT shall not proceed as a
class, group or representative action.
ARBITRATION MEANS YOU WILL NOT BE
ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
17.1 Acceptance. By using or
accessing the Service, or clicking to accept these Terms where that option is
made available, you confirm that you have read and agree to this Section 17,
unless you timely opt out as provided below.
17.2 Scope of Agreement to
Arbitrate. You and MINTED SLOTS agree that any dispute, claim, or controversy
arising out of or relating to your use of the Service, any purchase or
transaction, these Terms, or the Privacy Policy (a "Dispute") will be
resolved by binding arbitration on an individual basis, except to the extent a
claim is not arbitrable under applicable law. Questions regarding the
interpretation, applicability, enforceability, or formation of this arbitration
agreement may be decided by the arbitrator to the extent permitted by law.
17.4 No Preclusive Effect Beyond
the Parties. Any issue determined in arbitration or other proceeding between
the parties shall be decided only as between those parties, except to the
extent applicable law provides otherwise.
17.5 Third-Party Beneficiaries.
These Terms do not create third-party beneficiary rights except for affiliates,
licensors, service providers, successors, and assigns of MINTED SLOTS to the
extent expressly stated in these Terms.
Notwithstanding the requirement to
arbitrate in this Section 17, you and MINTED SLOTS are not required to
arbitrate any claims for the alleged unlawful use of copyrights, trademarks,
trade names, trade dress, logos, trade secrets, or patents, and the parties
agree that in the event of infringement of copyrights, trademarks, trade names,
trade dress, logos, trade secrets, or patents of a party, they shall also be
entitled to seek injunctive relief from a court of competent jurisdiction.
17.9 Following completion of the
informal dispute resolution process required by Section 16, either you or MINTED
SLOTS may commence arbitration of a Dispute in accordance with the JAMS
Comprehensive Arbitration Rules and Procedures in effect at the time
arbitration is initiated, subject to this Section 17 and applicable law.
17.9.2 The arbitration will be
handled by a sole arbitrator unless applicable law or the JAMS rules require
otherwise.
17.9.5 Subject to the arbitrator’s
discretion and the applicable JAMS rules, either party may request that the
arbitrator resolve dispositive issues in an efficient preliminary phase.
17.9.8 Except as otherwise limited
by these Terms or applicable law, the arbitrator may award the same
individualized remedies that would be available in court, except that the
arbitrator may not award relief on behalf of anyone other than the individual
party seeking relief.
17.9.8.1 To the extent permitted by
law, punitive or exemplary damages are waived unless such waiver is prohibited
by applicable law.
17.9.8.2 Incidental, indirect, or
consequential damages are excluded to the same extent they are excluded under
Section 15 and applicable law.
17.9.9 The arbitration decision and
award shall consist of a written statement signed by the Arbitrator regarding
the disposition of each claim and the relief, if any, as to each claim. Unless
the parties agree otherwise, the award shall be a reasoned award and contain a
concise written statement of the reasons for the award.
17.9.10 Except as and to the extent
otherwise may be required by law, the arbitration proceeding, pleadings, and
any award shall be treated as confidential and shall not be used by the parties
except as may be necessary in connection with a court application for a
preliminary remedy, a judicial challenge to an award or its confirmation and
enforcement.
17.9.11 In the event JAMS is
unavailable or unwilling to hear the dispute in accordance with this Agreement,
the parties shall agree to, or a court shall select, another arbitration
provider subject to the procedural agreements of this Section 17.
17.9.12 Any appellate review of an
arbitration award will be available only if permitted by the applicable JAMS
rules, by a separate written agreement of the parties, or by applicable law.
17.10 Batch Arbitration. If twenty
(20) or more similar arbitration demands are submitted against MINTED SLOTS by
or with the assistance of the same law firm or coordinated firms, the parties
agree that the batch arbitration procedures, if any, will be determined in
accordance with the then-applicable JAMS rules and applicable law.
OPTION AND PROCEDURE TO OPT
OUT OF ARBITRATION
17.12 If you have not previously
agreed to an arbitration provision in connection with your use of our Service,
you may opt out of this Section 17 by following the instructions below. If you
do not opt out, this Section 17 will apply to future Disputes to the maximum
extent permitted by applicable law.
17.13 OPT-OUT. To opt out, you must
send an email to contact@mintedslots.com with the subject line
"OPT-OUT" within thirty (30) days after you first accept these Terms.
Your email must include your full name, the email address associated with your
User Account, and a clear statement that you wish to opt out of the arbitration
and class action waiver provisions of Section 17.
17.15 TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR MINTED SLOTS MAY PROCEED IN
ARBITRATION OR IN COURT AS A CLASS REPRESENTATIVE, AS A MEMBER OF ANY CLASS OR
REPRESENTATIVE ACTION, OR OTHERWISE SEEK RELIEF ON BEHALF OF OTHERS.
END OF SECTION 17
ARBITRATION AGREEMENT
18. Waiver of Jury Trial
18.1 EACH PARTY HEREBY WAIVES, TO
THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A
TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR
RELATING TO THE SERVICE, TO THE EXTENT SUCH PROCEEDING IS PERMITTED TO BE
BROUGHT IN COURT.
19. Miscellaneous
19.1 Entire Agreement. These Terms
constitute the entire agreement between You and us with respect to Your use of
the Service and supersede all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between You and us with respect
to Your participation.
19.2 Tax and Interest. MINTED SLOTS
IS NOT A FINANCIAL INSTITUTION. You will not receive any interest on
outstanding Prizes and you will not treat MINTED SLOTS as a financial
institution. You are solely responsible for any taxes which apply to Your use
of the Service.
19.3 Force Majeure. We will not be
liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under these Terms that is caused by events outside of
our reasonable control, including but not limited to an act of God, hurricane,
war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of
public enemies, strikes, labor shortage, actions of governmental authorities or
other force majeure event.
19.4 Severability. In the event any
provision of these Terms is held unenforceable, such provision will be
ineffective but shall not affect the enforceability of the remaining
provisions. To the fullest extent allowable by law and equity, the parties agree
that any such provision may be blue-penciled or otherwise construed by the
forum presiding over any dispute to give effect to the intent of the parties
and consistent with the overall purpose and intent of the agreement, and may be
deemed replaced by an enforceable provision that comes closest to the intention
underlying the unenforceable provision.
19.5 Assignment. These Terms are
personal to You, and are not assignable, transferable or sub-licensable by You
except with our prior written consent. We reserve the right to assign, transfer
or delegate any of our rights and obligations hereunder to any third party
without notice to You, and in such case the Terms shall apply to and bind any
successor-in-interest or assignee of ours.
19.6 Third-Party Beneficiaries. You
further agree and intend that these Terms are entered into for the express
benefit of your spouse, heirs, children and next-of-kin and shall bind same to
the extent of any claims arising from your use of the Service which is brought
by them or by any person for their use or benefit.
19.7 Entire Agreement. These Terms
contain the entire agreement between you and us regarding the subject matter
hereof and supersede prior understandings on that subject, except to the extent
additional terms are expressly incorporated by reference.
19.8 Business Transfers. In the
event we undergo a change of control, merger, acquisition, or sale of assets,
Your User Account and associated data may be part of the assets transferred to
the purchaser or acquiring party.
19.9 Waiver. Our failure to assert
breach or a violation of these Terms or otherwise failure to exercise any
rights under these Terms shall not constitute or be deemed a waiver or
forfeiture of such rights or a waiver or forfeiture of such rights in the future.
19.10 Survival of Obligations.
Sections 14, 15, 16, 17, 18, 19, and 20, together with any provisions that by
their nature should survive termination, will survive termination of these
Terms or your User Account.
20. Applicable Law and
Jurisdiction
20.1 Governing Law. Subject to the
Arbitration Agreement in Section 17, these Terms and the related Service are
governed by the laws of Hong Kong, without regard to conflicts-of-law
principles, except to the extent mandatory law in your jurisdiction requires
otherwise.
20.2 Exclusive Forum. Subject to
the Arbitration Agreement in Section 17, any dispute, controversy, or claim
arising out of or in connection with these Terms, or the breach, termination,
or invalidity of these Terms, that is not required to be resolved by
arbitration will be submitted exclusively to the courts of competent
jurisdiction in Hong Kong, and each party consents to that forum, except where
applicable law provides otherwise. A motion to compel arbitration or to
confirm, vacate, or enforce an arbitral award may be brought in any court with
competent jurisdiction.