Date of Last Revision: Apr 25, 2024
Terms of Services
1. Acceptance of the Terms of Services
This mobile application Terms of Services are entered into by and between you and Almedia GmbH ("Almedia," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Services"), govern your access to participate in certain market activities and use of PrizePlay to earn Rewards (as defined below), including any content, features, Internet browser, emails, text (SMS) messages, online services, functionality, services, and mobile applications offered on or through the PrizePlay mobile application, whether as a guest or a registered user.
PLEASE READ THE TERMS OF SERVICES CAREFULLY BEFORE YOU START TO USE THE MOBILE APPLICATION. BY USING THE MOBILE APPLICATION OR BY CLICKING TO ACCEPT OR AGREE TO THE TERMS OF SERVICES WHEN THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF SERVICES AND OUR PRIVACY POLICY, FOUND AT www.prizeplay.com/privacypolicy, INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Services or the Privacy Policy, you must not access or use the Mobile Application.
Content
Acceptance of the Terms of Services
Eligibility
Changes to the Terms of Services
Access to Use of Our Mobile Application
Rewards Programs
Rewards Have No Monetary Value and Are Nontransferable
Rewards
Redeeming Rewards
Verifying Identity and Eligibility
Redemption Prizes
Inactive Accounts
Rewards Expiration
Sweepstakes, Contests and Promotions
Taxes
Your Account
Use of the Mobile Application
Restrictions and Prohibited Uses
User Contributions
Monitoring and Enforcement; Termination
Content Standards
Intellectual Property Rights
Copyright Policy
Reliance on Information Posted
Changes to the Mobile Application
Linking to the Mobile Application and Social Media Features
Links from the Mobile Application
Disclaimer of Warranties
Limitation on Liability
Indemnification
Governing Law and Jurisdiction
Arbitration
Limitation on Time to File Claims
Waiver and Severability
Entire Agreement
Your Comments and Concerns
2. Eligibility
This Mobile Application is offered and available to users who are at least 16 years of age or older. By using this Mobile Application, you represent and warrant that you are at least 16 years old and of legal age to form a binding contract with Almedia and meet all of the foregoing eligibility requirements. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST NOT ACCESS OR USE THE Mobile Application.
Participation on the Mobile Application is limited to only one (1) account per person and only (1) account per household.
3. Changes to the Terms of Services
We may revise and update these Terms of Services from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Mobile Application thereafter. HOWEVER, ANY CHANGES TO THE DISPUTE RESOLUTION PROVISIONS SET FORTH IN GOVERNING LAW AND JURISDICTION WILL NOT APPLY TO ANY DISPUTES FOR WHICH THE PARTIES HAVE ACTUAL NOTICE ON OR PRIOR TO THE DATE THE CHANGE IS POSTED ON THE Mobile Application. Your continued use of the Mobile Application following the posting of revised Terms of Services means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
4. Access to Use of Our Mobile Application
Subject to all of the provisions of these Terms of Services, Almedia hereby grants you a limited, terminable, non-transferable, personal, non-exclusive right to access and use the Mobile Application solely as provided herein. You agree to use our Mobile Application only for purposes that are permitted by these Terms of Services and any applicable law, regulation, or generally accepted practices in the relevant jurisdictions. You also agree that all information you provide to register with this Mobile Application or otherwise, including, but not limited to, through the use of any interactive features on the Mobile Application, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. For more details about the use of the Mobile Application, please see Section 16 (Use of the Mobile Application) and Section 17 (Restrictions and Prohibitions).
5. Rewards Programs
Almedia may offer one or more rewards programs (“Rewards Programs”) under which you may have the opportunity to receive points that are also referred to as coins, dollar amounts, points, and other credits/rewards (collectively, “Rewards”) related to your participation in or interaction with various game offers, advertising, content, shopping opportunities, special offers, surveys, coupons, location-based deals, and other Rewards opportunities (collectively, “Offers”).
Regardless of whether they are expressed as points or dollar amounts, Rewards have no cash, monetary, or other value and are only redeemable for gift cards or other prizes or redemption methods as may be offered by the Rewards Program from time to time (collectively, “Redemption Prizes”), subject to these Terms of Services and the Rewards Program redemption requirements at the time of redemption.
6. Rewards Have No Monetary Value and Are Nontransferable
You agree and acknowledge that unredeemed Rewards in your Account have no cash, monetary, or other value, remain the sole property of Almedia, and are only redeemable for such Redemption Prizes as Almedia may elect to offer in the Rewards Program from time to time, subject to these Terms of Services and the Rewards Program redemption requirements at the time of redemption.
7. Rewards
You may receive Rewards in a Rewards Program by participating in various Offers, as described in the applicable Rewards Program. Subject to the other provisions of these Terms of Services, Almedia will deposit any Rewards for Offers that you choose to participate in and successfully complete into the account that you established when you joined the Rewards Program (the “Account”).
Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements of the Offer in the manner specified in the Offer (including any time limitations or waiting periods for acceptance or completion of the Offer) and in compliance with these Terms of Services, and Almedia and/or its third-party Rewards Program partners are able to properly validate, track and your record.
For avoidance of doubt, Almedia shall not be responsible for, nor shall Almedia be obligated to award Rewards to you for, any Offer that is not properly recorded, tracked, validated and/or deemed a successfully completed Reward under Almedia’s and/or its third-party Rewards Program affiliates’ policies, procedures and systems. In some instances, Almedia’s third-party Rewards Program affiliates, rather than Almedia, may make the final determination of whether an Offer has been successfully completed and thereby should result in a Reward.
Please be sure to review all applicable terms of Offers and Rewards before deciding whether or not you would like to participate. We also reserve the right to: (i) change or limit the Offers or Rewards available or your ability to participate in certain Offers or the Rewards Program itself, (ii) change or limit the eligibility for or allowable frequency of Offers, and (iii) change or limit the number or type of Rewards you can receive for a given Offer or during a given time period. All such changes or limitations shall apply to all past, present, or future Rewards, unless otherwise expressly stated.
8. Redeeming Rewards
Subject to the other provisions of these Terms of Services, you may redeem accumulated Rewards in your Account for Redemption Prizes pursuant to the applicable Rewards Program redemption requirements at the time of redemption.
Supplies of Redemption Prizes may be limited. Redemption Prizes may be awarded or redeemed on a first come, first serve and while-supplies-last basis. If you attempt to redeem Rewards for a Redemption Prize and Almedia determines that the Redemption Prize is unavailable, out of stock, or for whatever reason cannot be provided to you, Almedia may, in its sole and absolute discretion, provide you with a Redemption Prize of equal or greater value.
All redemptions are final, and rewards may not be returned for credit except as otherwise provided in these Terms of Services or as otherwise agreed to in writing by an authorized representative of Almedia.
No re-crediting, reversal, or refund of Rewards will be issued for any reason after Rewards have been successfully redeemed. Once you order and receive a Redemption Prize, you may not reverse or cancel the Redemption Prize transaction or return the Redemption Prize for a refund or re-crediting of Rewards to your Account.
We have a right temporarily to hold any offer credits up to 90 days after an Offer has been completed.
9. Verifying Identity and Eligibility
Almedia also reserves the right to verify your identity to our complete satisfaction prior to crediting or allowing redemption of any Rewards, issuing or delivering any Redemption Prizes in any Rewards Program, or otherwise providing you with access to or any benefit associated with the Mobile Application and features, or your Account. We may do so by requesting—either directly or indirectly via a third-party verification service—that you provide a photocopy of your passport, driver’s license, or state ID card, by requiring you to verify the mobile phone number associated with your Account, or by such other proof of identity or eligibility as we may require. Some of our services or Redemption Prizes may have additional eligibility requirements and, in that case, Almedia also reserves the right to determine or verify your eligibility using such methods as it deems appropriate. Failure or refusal to provide requested documentation or proof of identity or eligibility is grounds for denying access to or any benefit associated with the Mobile Application or your Account.
10. Redemption Prizes
Redemption Prizes are digital and delivered electronically to the email address then associated with your Account or as otherwise provided in the applicable Rewards Program.
Where we are unable to deliver a Redemption Prize or it goes unclaimed for whatever reason, you hereby direct and authorize us, where possible, to cancel or reverse the redemption for that Redemption Prize and restore the associated Rewards to your Account in the applicable Rewards Program, so that you can attempt to redeem such Rewards again in the future; provided, however, that we shall not be liable to you for any inability or failure to cancel or reverse the redemption and restore the associated Rewards to your Account.
11. Inactive Accounts
Any Account that has not been logged into and Rewards either received or redeemed for one (1) year or more may be deemed inactive and the Account closed. We may also modify our inactive Account rules and policies in our Rewards Programs from time to time, and if your Account becomes inactive pursuant to such then-current rules or policies, we may close your Account accordingly, without any compensation or further obligation to you regarding the closed Account. If you have any questions or concerns regarding these actions or wish to request Account reactivation (subject to such terms, limitations and requirements as we may impose from time to time), please contact us at support@PrizePlay.com
12. Rewards Expiration
We may also adopt or modify our Rewards expiration rules and policies for any past, present, or future Rewards from time to time, and if your Rewards expire pursuant to such then-current rules or policies, we may remove such Rewards from your Account, without any compensation or further obligation to you regarding the expired Rewards. If you have any questions or concerns regarding these actions or wish to request re-crediting of the expired points to your Account (subject to such terms, limitations and requirements as we may impose from time to time), please contact us at support@PrizePlay.com
13. Sweepstakes, Contests and Promotions
Any sweepstakes, contests, or promotions (collectively, “Promotions”) that may be offered via any of the Mobile Application and features or our services may be governed by additional promotional terms of Services (“Additional Promotional Terms”), including but not limited to official rules, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. In the event there is a conflict between these Terms of Services and Additional Promotional Terms, the Additional Promotional Terms shall prevail.
It is your responsibility to read any applicable Additional Promotional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you agree to comply with and abide by such Additional Promotional Terms and the decisions of the sponsor(s) of the Promotions you select.
You understand and agree that the sponsors or partners of the Promotions may have their own terms and conditions. Please review their terms and conditions carefully.
14. Taxes
You acknowledge and agree that we do not have the ability, in every instance, to determine whether or not the Rewards you received or redeemed in any Rewards Program are considered reportable income or taxable earnings in your jurisdiction. You are therefore responsible for any and all tax liability arising from or associated with your use of the Mobile Application and/or participating in the Rewards Program, including liability arising from your accrual of Rewards or your redemption of such Rewards. As a condition of your continued use of the Mobile Application and our services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your redeemed Rewards to an appropriate tax authority. We encourage you, and it is your responsibility, to seek the advice of a tax expert in order to determine the tax consequences of your use of the Mobile Application and the Rewards Program, and any associated Rewards received or redeemed.
15. Your Account
To access the Mobile Application 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 the Mobile Application that all the information you provide on the Mobile Application is correct, current, and complete.
If you choose, or are provided with, a username, 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 or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Mobile Application or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit 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.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Services. We also reserve the right to withdraw or amend this Mobile Application, including any features, services or materials we provide on the Mobile Application, in our sole discretion without notice.
From time to time, we may restrict access to some parts of the Mobile Application, or the entire Mobile Application, to users, including registered users. We will not be liable if, under any circumstances (i) all or any part of the Mobile Application is unavailable at any time or for any period or (ii) we prevent you from using the site.
16. Use of the Mobile Application
These Terms of Services permit you to use the Mobile Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Mobile Application. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Mobile Application in breach of the Terms of Services, your right to use the Mobile Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Mobile Application or any content on the Mobile Application is transferred to you, and all rights not expressly granted are reserved by Almedia. Any use of the Mobile Application not expressly permitted by these Terms of Services is a breach of these Terms of Services and may violate copyright, trademark and other laws.
17. Restrictions and Prohibited Uses
You may use the Mobile Application only for lawful purposes and in accordance with these Terms of Services. You agree not to use the Mobile Application:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Services.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate Almedia, an Almedia employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Mobile Application, or which, as determined by us, may harm Almedia or users of the Mobile Application, or expose them to liability.
To engage in any fraudulent activity. Such activities may include, but is not limited to, masking or forging your identity, submitting false information during the registration process, submitting false or untrue data, redeeming or attempting to redeem Rewards through false or fraudulent means, and tampering with surveys or Offers.
Additionally, you agree not to:
Use the Mobile Application in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Mobile Application, including their ability to engage in real time activities through the Mobile Application.
Use any robot, spider or other automatic device, process or means to access the Mobile Application for any purpose, including monitoring or copying any of the material on the Mobile Application.
Use any manual process to monitor or copy any of the material on the Mobile Application, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Mobile Application.
Use the Mobile Application via fraudulent means. Therefore, you agree not to use VPN, proxy, emulator software on our Mobile Application and you will not use fake SMS numbers, Google Voice or VOIP when verifying your phone number.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Mobile Application, the server on which the Mobile Application is stored, or any server, computer or database connected to the Mobile Application.
Attack the Mobile Application via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Mobile Application.
18. User Contributions
The Mobile Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Mobile Application.
All User Contributions must comply with the Content Standards set out in these Terms of Services.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Mobile Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms of Services.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Almedia, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Mobile Application.
19. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Services, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Mobile Application or the public or could create liability for Almedia.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mobile Application.
Terminate or suspend your access to all or part of the Mobile Application for any or no reason, including without limitation, any violation of these Terms of Services.
Limit, suspend, or terminate your ability to participate in a Rewards Program in its sole and absolute discretion, and may suspend or void any Rewards or potential Rewards you may have received or accumulated in a Rewards Program but not yet successfully redeemed if we determine in our sole and absolute discretion that you have not complied with these Terms of Services.
Change, suspend, or cancel all or a portion of a Rewards Program, including any unredeemed Rewards, at any time, without prior notice or compensation to you.
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 materials on or through the Mobile Application. YOU WAIVE AND HOLD HARMLESS ALMEDIA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We cannot review all material before it is posted on the Mobile Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
20. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Your User Contributions must not:
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Services and our Privacy Policy.
Be likely to deceive any person.
Manipulate the results of any survey, prize draw or contest.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
21. Intellectual Property Rights
The Mobile Application and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Almedia, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Almedia name, the Almedia trademarks, Almedia logo and all related names, logos, product and service names, designs and slogans are trademarks of Almedia or its affiliates or licensors. You must not use such marks without the prior written permission of Almedia. All other names, logos, product and service names, designs and slogans on this Mobile Application are the trademarks of their respective owners.
22. Copyright Policy
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of Almedia to terminate the user accounts of repeat infringers.
23. Reliance on Information Posted
The information presented on or through the Mobile Application is made available solely for general information purposes. We do not guarantee the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Mobile Application, or by anyone who may be informed of any of its contents.
This Mobile Application includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Almedia, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Almedia. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
24. Changes to the Mobile Application
We may update the content on this Mobile Application from time to time, but its content is not necessarily complete or up to date. Any of the material on the Mobile Application may be out of date at any given time, and we are under no obligation to update such material.
25. Linking to the Mobile Application and Social Media Features
You may link to our homepage, 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. You may share a link to this Mobile Application by using our Affiliate feature to invite a family member or friend; however, you are responsible for getting their consent to use their personal information to send the invitation from our Mobile Application. This Mobile Application may provide certain social media features that enable you to:
Link from your own or certain third-party Mobile Applications to certain content on this Mobile Application.
Send e-mails or other communications with certain content, or links to certain content, on this Mobile Application.
Cause limited portions of content on this Mobile Application to be displayed or appear to be displayed on your own or certain third-party Mobile Applications.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
Establish a link from any Mobile Application that is not owned by you.
Cause the Mobile Application or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Otherwise take any action with respect to the materials on this Mobile Application that is inconsistent with any other provision of these Terms of Services.
The Mobile Application to 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 Services.
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 discretion.
26. Links from the Mobile Application
If the Mobile Application 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 the contents 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. If you decide to access any of the third-party Mobile Applications linked to this Mobile Application, you do so entirely at your own risk and subject to the terms and conditions of use for such Mobile Applications.
27. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE Mobile Application OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Mobile Application OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY Mobile Application LINKED TO IT. YOUR USE OF THE Mobile Application, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Mobile Application IS AT YOUR OWN RISK. THE Mobile Application, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE Mobile Application ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ALMEDIA NOR ANY PERSON ASSOCIATED WITH ALMEDIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE Mobile Application. WITHOUT LIMITING THE FOREGOING, NEITHER ALMEDIA NOR ANYONE ASSOCIATED WITH ALMEDIA REPRESENTS OR WARRANTS THAT THE Mobile Application, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Mobile Application WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE Mobile Application OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Mobile Application WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ALMEDIA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
28. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ALMEDIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE Mobile Application, ANY Mobile ApplicationS LINKED TO IT, ANY CONTENT ON THE Mobile Application OR SUCH OTHER Mobile ApplicationS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE Mobile Application OR SUCH OTHER Mobile ApplicationS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
29. Indemnification
You agree to defend, indemnify and hold harmless Almedia, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Services or your use of the Mobile Application, including, but not limited to, your User Contributions, any use of the Mobile Application's content, services and products other than as expressly authorized in these Terms of Services, or your use of any information obtained from the Mobile Application.
30. Governing Law and Jurisdiction
If you are a consumer, please note that these Terms of Services, their subject matter and their formation, are governed by the State law of New York. You and we both agree that the courts of the City of New York will have exclusive jurisdiction.
31. Arbitration
You agree: (i) that any and all disputes arising out of or connected in any way with (a) the Promotions and sweepstakes, (b) the awarding or redemption of any prize, (c) the Mobile Application, (d) earning, awarding, or redeeming Coins, and/or (d) the determination of the scope or applicability of these Terms of Services to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS or another mutually-acceptable administrator and conducted before a sole arbitrator in accordance with the rules of the arbitration provider; (ii) these arbitration terms are made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York, NY; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Terms of Services and any of the other agreements or additional terms referenced herein that you may have entered into in connection with our Mobile Application and Promotions; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; and (viii) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable, or illegal, then the entirety of this arbitration provision shall be null and void, and you shall not be entitled to arbitrate your dispute. For more information on JAMS and/or the rules of JAMS, visit their Mobile Application at www.jamsadr.com.
32. Limitation on Time to File Claims
UNLESS PROHIBITED BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICES OR THE Mobile Application MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
33. Waiver and Severability
No waiver of by Almedia of any term or condition set forth in these Terms of Services shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Almedia to assert a right or provision under these Terms of Services shall not constitute a waiver of such right or provision. If any provision of these Terms of Services is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Services will continue in full force and effect.
34. Entire Agreement
The Terms of Services, our Privacy Policy, any Additional Promotional Terms, and Copyright Policy constitute the sole and entire agreement between you and Almedia GmbH with respect to the Mobile Application and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Mobile Application.
35. Your Comments and Concerns
This Mobile Application is operated by Almedia GmbH with an address at:
Krausenstr. 9-10
10117 Berlin, Germany
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Mobile Application should be directed to: support@PrizePlay.com