Last Updated: 26 January 2024
By accessing, using or visiting www.e18games.com (also “e18games”, “we”, “us”, or this “Website “), any of its Content, functionalities and services, you signify your agreement to these Terms of Service including policies and related guidelines (collectively "Terms of Service"), and our Privacy Policy and incorporated herein by reference.
These Terms of Service apply to all users of this Website (collectively "you", "User" or "Users" as the context requires), whether accessed via computer, mobile device, or other technology, manner, or means. "Content" includes the text, software, scripts, graphics, interactive features, textual content, and other materials you may view, make available, display, communicate or post on this Website. To make these Terms easier to read, the Website, the Content and our services are collectively called the “Services”.
This is a subscription service that automatically renews. Please read these Terms (in particular, Section “Payments and Refunds”) carefully before starting a free trial or completing a purchase for the App auto-renewing subscription services. To avoid being charged you must affirmatively cancel your subscription or a trial at least 24 hours before the end of the free trial or the current subscription period. If you are unsure how to cancel a subscription or a free trial, please visit our website. You may wish to make a printscreen of this information for your reference.
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND E18GAMES THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION “MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER” BELOW FOR DETAILS REGARDING ARBITRATION. FURTHERMORE, THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATION OF LIABILITY AND MANDATORY BINDING ARBITRATION AND CLASS ACTION WALVER.
If you do not agree to any of these Terms of Service or our Privacy Policy, please do not access or use this Website. You consent to entering these Terms of Service electronically, and to storage of records related to these Terms of Service in electronic form.
You affirm that you are at least 18 years of age or the age of majority in the jurisdiction you are accessing this Website from and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you are under 18 or the applicable age of majority, please do not use this Website. You also represent that the jurisdiction from which you access this Website does not prohibit the receiving or viewing of sexually explicit Content. Whether you are a registered or unregistered User, we may require that you provide us and/or our third-party age verification service providers with information which will help us determine that you are over the age of majority required to have access to this Website and to view its Contents. For more information on how this information is processed, please review ourPrivacy Policy.
These Terms establish a legally binding contractual relationship between you and e18games. For this reason, PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SERVICES. Please review also our. Privacy Policy The terms of the Privacy Policy and other supplemental terms, policies or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We may change these Terms on this page of the Website. We may provide you with notice about some critical changes, for example by email or by posting notifications on the Services, but are not obliged to do so in every case. Any other changes will be notified to you only by updating the "Last updated" date of these Terms and you waive any right to receive specific notice of each such change. The updated version of these Terms of Service supersedes any prior versions immediately upon being posted, and the prior version(s) shall have no continuing legal effect.If you don’t agree to the changes, you should stop using the Services. Use of the Services after any changes to these Terms are made means that you accept such changes. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO BE BOUND BY THESE TERMS, THEN DO NOT ACCESS OR USE THE SERVICES.
In order to use the Services, it might be required to register profile in the Website (“Account”) and provide certain information about yourself as prompted by the registration form.
If you register Profile, you represent and warrant to e18games that all required registration information you submit is truthful and accurate; you will maintain the accuracy of such information; and your use of the Services does not violate any applicable law or regulation or these Terms. Otherwise, the Services may not operate correctly, and we may not be able to contact you with important notices.
If you choose, or are provided with, a email, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person. You are fully responsible for all activities that occur under your email or password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of this Website using your email, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your email or password or any other breach of security by contacting us at [email protected]. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Although this Website will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of this Website or others due to such unauthorized use.
The Services is not intended to be used by individuals under age of 18. You hereby represent and warrant to e18games that you meet the foregoing qualification.We reserve the right to suspend or terminate your Profile, or your access to the Services, with or without notice to you, in the event that you breach these Terms. You are responsible for maintaining the confidentiality of your Profile login information and are fully responsible for all activities that occur under your Profile. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Profile or any other breach of security. e18games cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. By using the Services, you agree to receive from e18games certain communications, such as updates on the Services, a periodic e-mail newsletter, or a push notification. You can opt-out of non-essential communications by unsubscribing from the email letter or by adjusting your device push preferences.
To use the Services you must be, and hereby represent that you are, an individual 18 years or older who can form legally binding contracts. Persons under the age of 18 are strictly prohibited from accessing or using the Services. Additionally, you are prohibited from accessing or using the Services if you are barred from receiving services under applicable law or have previously been suspended or removed from the Services.
By using and registering as a User on this Website, you expressly and specifically consent to receiving electronic communications from us relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on this Website, or in the "Account" or "My Profile" page and may include notices about your account (such as change in password or confirmation emails) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. If you interact with us or with third-party service providers, you agree that all information that you provide are and will be accurate, complete, and current. You will review all policies and agreements applicable to use of third-party services. In the event you use our Website over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply. You can opt-out of non-essential communications by unsubscribing from the email letter or by adjusting your device push preferences.
You agree, represent and warrant that your use of the Services, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Services or your use of it, and you will be solely responsible for your own individual violations of any such laws.
We retain the right to implement any changes to the Services (whether to free or paid features) at any time, without notice to you or our liability. You acknowledge that a variety of our actions may impair or prevent you from accessing the Services at certain times and/or in the same way, for limited periods or permanently, and agree that e18games has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.
You are responsible for:
Your access to and use of the Services is at your own risk. We will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, that results from your access t o or use of the Services, or reliance on any information or advice.
To access this Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Website that all the information you provide on this Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on this Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our
Privacy PolicyWe have no obligation to provide you with customer support of any kind. However, e18games may provide you with customer support from time to time, at its sole discretion.
You acknowledge that all the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information), data, other content, software and materials displayed on the Services or used by e18games, excluding any User Content (as defined below), is proprietary to e18games or to third parties.
e18games expressly reserves all rights, including all intellectual property rights, in all of the foregoing, and except as expressly permitted by these Terms, any use, redistribution, sale, decompilation, reverse engineering, disassembly, translation or other exploitation of them is strictly prohibited. The provision of the Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights.
Our Works may be protected by copyright, trademark, patent, trade secret, and/or other laws, and we reserve and retain all rights in our Works and this Website.
The information you submit to us as part of your registration, and any data, text and other material that you may submit or post to us ("User Content") remain your intellectual property, and we do not claim any ownership of the copyright or other proprietary rights in such registration information and the User Content. Notwithstanding the foregoing, you agree that e18games may retain copies of all registration information and the User Content and use such information and the User Content as reasonably necessary for or incidental to its operation of the Services and as described in these Terms and the Privacy Policy.
You grant e18games the non-exclusive, worldwide, transferable, perpetual, irrevocable right to publish, distribute, publicly display and perform the User Content in connection with the Services.
We grant you a conditional, revocable, non-sublicensable, non-transferable and non-exclusive and limited license to access and use our Website and Works solely for your personal use, conditioned upon your compliance with these Terms of Service and your agreement to display this Website whole and intact as presented by this Website’s host, complete with any advertising, to not interfere with the display of any advertising, and to not use ad blocking software of any kind. This limited license is further conditioned upon your agreement not to use any information obtained from or through this Website to block or interfere with the display of any advertising on this Website, or for the purpose of implementing, modifying, or updating any software or filter lists that block or interfere with the display of any advertising on this Website. Interference with the display of any advertising on this Website, use of ad blocking software to block or disable any advertising while viewing this Website, or use of information obtained from or through this Website to update any ad blocking software or filter lists, is prohibited, violates the conditions of your limited license to view this Website and Works and constitutes copyright infringement.
The above-described license is conditioned on your compliance with these Terms of Service, including, specifically, your agreement to view this Website whole and intact as presented by this Website’s host, complete with any advertising, and shall terminate upon termination of these Terms of Service.
In order to protect our rights, some Content made available on this Website may be controlled by digital rights management technologies, which will restrict how you may use the Content. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any digital rights management technology. Such conduct is prohibited by law.
You are not allowed to reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise copy or reproduce our Works or Content that does not belong to you, in whole or in part.
The Services may contain links to third party websites or resources and advertisements for third parties (collectively, "Third-Party Ads"). Such Third-Party Ads are not under the control of e18games and we are not responsible for any Third-Party Ads. e18games provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party website, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.
Each user of the Services is solely responsible for any and all his or her User Content. Because we do not control the User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Services users are solely between you and such user. You agree that e18games will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Services user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related any other Services users, or any Third-Party Ads.
We may, in our sole discretion, terminate your account if you breach any of the Terms of Service or at any time for any reason even without cause.
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will only use this Website and our services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You may not use this Website and our services for any other purposes, including but not limited to commercial purposes, without our express written consent.
You agree that you will view this Website and its Content unaltered and unmodified. You acknowledge and understand that you are prohibited from modifying this Website or eliminating any of the Content of this Website, including ads. You must not circumvent, remove, delete, disable, alter, or otherwise interfere with any age and biometrics verification processes, technologies or security tools used anywhere on this Website or in connection with our services. By using this Website, you expressly agree to accept advertising served on and through this Website and to refrain from using ad blocking software or to disable ad blocking software before visiting this Website.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of this Website and as permitted under these Terms of Service. You shall not download, copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content which are not permitted in the Terms of Service.
You agree that you will not use or attempt to use any method, device, software, or routine to harm others or interfere with the functioning of this Website or use and/or monitor any information in or related to this Website for any unauthorized purpose.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content. Any determination regarding breach of any of the following is final. Please review the following list of prohibited uses carefully before using this Website. Specifically, you agree not to use any of this Website to:
Additionally, you agree not to:
use the Services for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
make the Services available over a network or other environment permitting access or use by multiple devices or users at the same time;
use the Services for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the Services;
use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the Services;
disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services;
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse any and all current or future use of the Services (or any portion thereof).
You may not access or use the Services for any purpose other than that for which we make the Services available. The Service may not be used in connection with any commercial endeavors except those that are specifically authorized or approved by us.
However, certain features of the Services may be offered for a fee either by (1) paying a subscription fee in advance on a recurring interval disclosed to you prior to your purchase; or (2) one-time payment giving you access to the specific Content (together or separately the “Purchase”). You make the Purchase through the Stripe payment gateway.
To the maximum extent permitted by applicable laws, we may change Purchase fees at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through App and/or by sending you an e-mail notification, or in other prominent way. If you do not wish to pay the new fees, you can cancel the applicable subscription prior to the change going into effect or/and abstain from pre-paying for access to the Services.
You authorize us to charge the applicable fees to the payment card that you submit.
By signing up for certain subscriptions, you agree that your subscription may be automatically renewed. Unless you cancel your subscription, you authorize us to charge you for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you on the Services. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. You must cancel your subscription in accordance with the cancellation procedures disclosed to you for the particular subscription. We will not refund fees that may have accrued to your account and will not prorate fees for a cancelled subscription.
We may offer a trial subscription for the Services. Trial provides you access to the Services or a part of the Services for a period of time, with details specified when you sign up for the offer. Unless you cancel before the end of the free trial, or unless otherwise stated, your access to the Services will automatically continue and you will be billed the applicable fees for the Services. It is ultimately your responsibility to know when the free trial will end. We reserve the right, in our absolute discretion, to modify or terminate any free trial offer, your access to the Services during the free trial, or any of these terms without notice and with no liability. We reserve the right to limit your ability to take advantage of multiple free trials.
The Services and your rights to use it expire at the end of the paid period of your subscription. If you do not pay the fees or charges due, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Services (and may do so without notice).
Subscriptions purchased via the App Store are subject to such App Store's refund policies. This means we cannot grant refunds. You will have to contact the App Store support.
You agree that the Purchase is final, that e18games will not refund any transaction once it has been made and that the Purchase cannot be canceled. When you make the Purchase, you acknowledge and agree that all Purchases are non-refundable or exchangeable. Notwithstanding anything to the contrary in the foregoing, e18games will provide refunds and/or Purchase cancellations in cases and to the extent required by mandatory provisions of the applicable law. e18games may also provide refunds at its own discretion and subject to our policies that may be published from time to time.
Note for the EU residents: If you are an EU user, you have the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason within fourteen (14) days from the date of such agreement conclusion. The withdrawal right does not apply if the performance of the agreement has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal. YOU HEREBY EXPRESSLY CONSENT TO THE IMMEDIATE PERFORMANCE OF THE AGREEMENT AND ACKNOWLEDGE THAT YOU WILL LOSE YOUR RIGHT OF WITHDRAWAL FROM THE AGREEMENT ONCE OUR SERVERS VALIDATE YOUR PURCHASE AND THE APPLICABLE PURCHASE IS SUCCESSFULLY DELIVERED TO YOU. Therefore, you will not be eligible for a refund, unless the digital content is defective.
You hereby agree to indemnify and hold e18games, any of its officers, directors, employees and agents and its affiliated and related entities, harmless from and against any claims, disputes, costs, losses, liabilities, damages, expenses and judgments of any and every kind, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content, or (c) your violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through this Website. YOU WAIVE AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US AS A CONSEQUENCE OF DISCLOSING PERSONAL INFORMATION IN RELATION TO DATA DISCLOSURE REQUESTS FROM LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the 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 information or content on the Services. YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR OWN RISK. NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER e18games NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT e18games OR ITS SERVICE PROVIDERS HAVE 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.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL e18games TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY YOU TO e18games FOR USE OF THE SERVICES, IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO e18games AS APPLICABLE.
THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN e18games AND YOU.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
You shall notify us in writing within two (2) working days after becoming aware of or obtaining knowledge of, any proceedings or threatened proceedings, including any litigation or governmental proceeding pending against you which could materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise); and any other event which is likely to materially adversely affect our business, operations, prospects, property, assets, or condition (financial or otherwise).
This Website is operated by crea:do s.r.o., 19 Sladkovicova, Modra 90001. All notices of copyright infringement claims should be sent to the copyright agent in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to this Website should be directed to:
[email protected].Mandatory Arbitration of Disputes. You and e18games 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 Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and e18games agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and e18games are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
Exceptions. As limited exceptions to section “Governing Law and Venue":
Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at <a href="www.adr.org">www.adr.org</a> or by calling 1-800-778- 7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at <a href="www.adr.org">www.adr.org</a>. Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration, we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Injunctive and Declaratory Relief. Except as provided in this section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
Class Action Waiver. YOU AND e18games AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then entire this section “Mandatory Binding Arbitration and Class Action Waiver" shall be null and void.
These Terms shall be governed in accordance with the laws of the Republic of Cyprus (excluding its body of law governing conflicts of law).
To the extent that any action relating to any dispute hereunder is for whatever reason not submitted to arbitration, each of the parties submits to the exclusive jurisdiction to the courts of the Republic of Cyprus to settle any disputes which may arise out of or in connection with this Terms and that accordingly proceedings must be brought in such courts. The parties irrevocably waive any defenses of improper venue or forum non convenience.
If you are a resident of the EU: Nothing in these Terms shall deprive you of the protection afforded to consumers by the mandatory rules of law of the country in which you live.
If you have a complaint, please contact us at [email protected]. If you feel your complaint is not adequately addressed you may – but are not obliged to – use the Online Dispute Resolution (ODR) platform that you can access through http://ec.europa.eu/odr. Other than as set out in the Terms, e18games does not participate in any alternative dispute resolution scheme.
You may bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this country of habitual residence is an EU Member State, which courts are – with the exclusion of any other court - competent to settle any of such a dispute. e18games shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence. You agree that the Services, Terms, and any dispute between you and e18games shall be governed in all respects by laws of the republic of Cyprus, without regard to choice of law provisions.
This Website does not permit any form of revenge, blackmail, or intimidation. Violations of this policy can be reported through this email [email protected]
This Website allows others to display advertisements using this Website. These third parties use technology to deliver advertisements you see using this Website directly to your browser. In doing so, they may automatically receive your internet protocol (IP) address. Others that place advertising using this Website may have the ability to use cookies and/or web beacons to collect information, including information about your usage of this Website. We do not control the processes that advertisers use to collect information. However, IP addresses, cookies and web beacons alone generally cannot be used to identify individuals, only machines. Therefore, advertisers and others whose advertisements or Content may be provided through the service generally will not know who you are unless you provide additional information to them, by responding to an advertisement, by entering into an agreement with them, or by some other means.
You may link to this Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
The sites from which you are linking, or on which you make certain Content accessible, must comply in all respects with the Content standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our sole discretion.
If this Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over, and assume no responsibility for, the Contents, privacy policies, or practices of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, Content, or advertising does not imply approval or endorsement thereof by us. If you decide to access any of the third-party sites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such sites. Further, you agree to release us from any and all liability arising from your use of any third-party website, Content, service, or software accessed through this Website.
e18games makes no representation that the Services are accessible, appropriate or legally available for use in your jurisdiction, and accessing and using the Services is prohibited from territories where doing so would be illegal. You access the Services at your own initiative and are responsible for compliance with local laws.
This Website generally does not collect personally identifiable information (data such as your name, email address, password, and the Content of your communications) unless you submit or communicate Content through this Website or register with us in order to use certain features of this Website. This Website will not disclose any personally identifiable information they collect or obtain except: (i) as described in these Terms of Service or our Privacy Policy; (ii) after obtaining your permission to a specific use or disclosure; (iii) if this Website is required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory requirement) and may in our sole discretion advise you of such process or request; (iv) as required to protect this Website’s property, safety, or operations, or the property or safety of others; or (v) to a person that acquires this Website, or the assets of this Website’s operator in connection with which such information has been collected or used; or (vi) as otherwise required by law. If this Website is required to respond to or comply with any of these information requests, we reserve the right to charge you with the cost of responding to or complying with such information request, including, but not limited to, costs of research, copies, media storage, mail, and document delivery, as well as any applicable legal fees.
This Website will have access to all information that you have submitted or created for as long as reasonably required to comply with or investigate any information requests, or to protect this Website. In order to enforce these Terms of Services, to protect intellectual property rights, to comply with legal processes and the law, and to protect this Website, you agree to allow this Website to access your information.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless this Website, its site operator, its parent corporation, its affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any and all claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of this Website. You agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
No delay or omission by us in exercising any of our rights occurring upon any noncompliance or default by you with respect to these Terms will impair any such right or be construed to be a waiver thereof, and a waiver by e18games of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.
Subject to section “Mandatory Binding Arbitration and Class Action Waiver", if any provision of these Terms is found to be invalid or unenforceable, then these Terms will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.
Except as otherwise expressly provided herein, these Terms set forth the entire agreement between you and e18games regarding its subject matter, and supersede all prior promises, agreements or representations, whether written or oral, regarding such subject matter.
We may transfer or assign any and all of our rights and obligations under these Terms to any other person, by any way, including by novation, and by accepting these Terms you give us consent to any such assignment and transfer. You confirm that placing on the Services of a version of these Terms indicating another person as a party to these Terms shall constitute valid notice to you of the transfer of e18games's rights and obligations under these Terms (unless otherwise is expressly indicated).
All information communicated on the Services is considered an electronic communication. When you communicate with us through or on the Services or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled "SUBMIT", "CONTINUE", "REGISTER", "I AGREE" or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by these Terms. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SERVICE.
In no event shall e18games be liable for any failure to comply with these Terms to the extent that such failure arises from factors outside e18games's reasonable control.
The Terms of Service, our Privacy Policy and any documents they expressly incorporate by reference constitute the sole and entire agreement between you and us with respect to this Website.
If you want to send any notice under these Terms or have any questions regarding the Services, you may contact us at: [email protected].
I HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.