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- SpinX Games Terms of Service
- SpinX Games Privacy Policy
- SpinX Code of Conduct
- Responsible Gaming
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- Cash Club Privacy Policy
- Cash Frenzy Terms of Service
- Cash Frenzy Privacy Policy
- Cash Frenzy Payment Terms & Conditions
- Cash Rally Terms of Service
- Cash Rally Privacy Policy
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- Jackpot Crush Privacy Policy
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- Jackpot Wins Privacy Policy
- Jackpot World Terms of Service
- Jackpot World Privacy Policy
- Jackpot World Payment Terms & Conditions
- Jackpot World Payment Terms & Conditions - Chinese
- Jackpot World Payment Terms & Conditions - Japanese
- Lotsa Slots Terms of Service
- Lotsa Slots Privacy Policy
- SpinX Associates Program -Terms & Conditions
SpinX Games Terms of Service
Version 6.0
Effective September 3rd 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on September 3, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- SMS Terms and Conditions
To join SMS chat based support program, text the keyword JOIN to the 10DLC number provided to opt-in!
Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at the number provided in the respective Application for more assistance.
To discontinue receiving messages, reply STOP to any message.
Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without COMPANY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. COMPANY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Cash Frenzy at cashfrenzy-support@spinxgames.com; Jackpot Crush at jackpotcrush-support@spinxgames.com; Jackpot Mania at Jackpot Mania-cs@spinxgames.com; Lotsa Slots at LotsaSlots-cs@spinxgames.com; Vegas Friends at VegasFriends-cs@spinxgames.com; Cash Rally at cashrally-support@spinxgames.com; Cash Club at cashclub-support@spinxgames.com; Jackpot Wins at jackpotwins-cs@spinxgames.com; and Jackpot World at jackpotworld-support@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Subscription Terms
SpinX is pleased to offer subscription services for some of its games. Our subscription services include a recurring payment plan for our Services, including Virtual Items, as defined in our Terms of Service.
By clicking the purchase button within one of our games or by purchasing a subscription through a platform provider such as Google or Apple, you are agreeing to purchase a subscription, are requesting that SpinX begin supplying the subscription services immediately, are entering into a periodic subscription contract with SpinX, and are authorizing a charge of a periodic subscription fee to you at the rate quoted at the time of purchase. Your subscription will automatically renew at the start of each billing period unless and until you cancel your subscription or we terminate it. Please note that subscription prices, charges and service offerings are subject to change. If SpinX makes a change to the subscription rate, we will let you know in advance.
Your purchase of a SpinX subscription service will be processed through a platform provider, such as Apple or Google. The platform will charge you for the subscription fee and the platform’s payment terms will apply. You may cancel your subscription service at any time directly through the platform. Please review the appropriate platform’s terms of service and payment terms for additional information.
ANY SUBSCRIPTION PAYMENTS THAT HAVE ALREADY BEEN PROCESSED ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
SpinX may occasionally offer promotions to players who agree to start a subscription or who already have a current subscription. These promotional items will not be a part of your ongoing subscription.
Please also refer to our Terms of Service and Privacy Policy, which govern use of SpinX’s games and services.
If you have any questions regarding our subscription services, please contact our customer support team at support@bolegames.mail.helpshift.com.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
SpinX Games Privacy Policy
Version 3.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
SpinX Code of Conduct
Version 1.0
Effective March 21st 2023
DownloadTable of Contents
SpinX Games strives to offer a fair, fun and safe environment for all players. This Code of Conduct is intended to provide our players with a list of examples of behavior that may fall outside of our community standards.
Examples of Improper Behaviors that Fall Outside of SpinX Community Standards:
1. Improper Gameplay.
- Playing the game if you are under the age of 18.
- Playing the game in violation of any local laws or regulations.
- Creating false personas, including improperly pretending to be a moderator, administrator or another person.
- Creating multiple identities and multiple accounts.
2. Improper Communication.
- Posting material that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy.
- Posting material that is fraudulent, false, misleading or deceptive.
- Posting material that is defamatory, obscene, pornographic, sexually explicit, vulgar or offensive.
- Posting material that promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group.
- Posting material that is violent or threatening or promotes violence or actions that are threatening to any other person.
- Posting material that promotes illegal or harmful activities or substances.
- Posting material that is malicious or intended to harass another individual, including trolling, bullying, racial slurs, or hate mongering.
- Stalking other players.
- Posting personal or account information (e.g., addresses, email addresses, phone numbers, web pages, social media handles, or other personal information) of another person without consent.
3. Cheating, Scamming and Spamming.
- Botting, accessing or tampering with SpinX computer systems.
- Hacking or otherwise circumventing any security measure implemented by SpinX.
- Cheating, manipulating or circumventing game policies, game rules or game systems.
- Sending any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation to other players or SpinX accounts.
- Obtaining or attempting to obtain passwords or other private information from other players, including but not limited to, personally identifiable information or financial information.
- Developing, distributing, using, encouraging advancement or publicly informing other members of cheats, automation software, bots, hacks, mods or any other unauthorized third-party software or applications.
- Using bots, hacks, mods, game system bugs or malfunctions in SpinX game systems to obtain excessive Virtual Items.
- Scamming or encouraging scamming of other players or SpinX.
- Spamming or encouraging spamming of other players or SpinX.
- Transferring, trading or selling Virtual Items or accounts.
- Fraudulently obtaining or acquiring Virtual Items, accounts or other products or services.
The foregoing list is intended to provide examples of behavior that falls outside of SpinX Community Standards. This is not intended to be an exhaustive list, and we refer you to our Terms for further information and SpinX guidelines.
Such improper behavior interferes with the ability of other players to enjoy our games. Please note that if SpinX suspects that a player is involved in any improper activity, SpinX Games reserves its rights (at its sole discretion) to suspend the player account and/or prohibit the player from using our service until an investigation has been fully conducted and resolved.
If a player is involved in any improper activity, SpinX Games reserves its rights (at its sole discretion) to deduct any improperly gained Virtual Items from the player account; suspend the player account; terminate the player account; and/or prohibit the player from using our service.
Responsible Gaming
Version 4.0
Effective April 27th 2023
DownloadTable of Contents
Responsible Gaming
We at SpinX Games love our games and hope you do too. We are continuously improving our games for your enjoyment and entertainment. Our mission is to deliver lucky moments and pure fun to players all over the world with hundreds of top quality slots in every app and innovative meta-game systems. Our apps are captivating millions of slot lovers from all of the world every single day.
It is important, however, to play responsibly. Our apps are intended for entertainment only. While our apps may have casino themed games, they are not actual real-money casino games. Our games are not gambling, do not permit real betting and do not allow you to win real money or prizes. The virtual coins that can be purchased for game play or that are awarded to you are used only to facilitate game play on the app. The virtual coins are not actual legal currency, have no actual value in the real world, cannot be spent in the real world or exchanged for actual legal currency.
You must be 18 years or older to play our games. Game play by those under the age of 18 is prohibited.
If (i) you, your friends or your family are concerned about your game play; (ii) your game play interferes with your work, social life or home life; or (iii) you feel that you have lost control of your ability to regulate your game play, please consider the following actions and resources to help you regulate your access to the game.
- Get help. Seek help from a qualified medical professional.
- Permanently disable your account. If you wish to disable your account permanently, please use the “Contact Us” button within the “Settings” menu of the app. Otherwise, please email us at the addresses provided below. Disabling your account will terminate your ability to login with your user name and password at any point in the future. Refunds will not be issued for previously purchased virtual coins.
- Please use the “Contact Us” button within the “Settings” menu of the app, or
- Please email us at:
Cash Bash: cashbash-support@spinxgames.com
Cash Club: cashclub-support@spinxgames.com
Cash Frenzy: cashfrenzy-support@spinxgames.com
Cash Rally: cashrally-support@spinxgames.com
Jackpot Crush: jackpotcrush-support@spinxgames.com
Jackpot Mania: jackpotmania-support@spinxgames.com
Jackpot World: jackpotworld-support@spinxgames.com
Lotsa Slots: LotsaSlots-cs@spinxgames.com
Jackpot Wins: jackpotwins-cs@spinxgames.com
- Temporarily suspend your account. If you wish to temporarily suspend your account, please use the “Contact Us” button within the “Settings” menu of the app. Otherwise, please email us at the addresses provided below. Suspending your account will terminate your ability to login with your user ID and password for a period of six months. Any virtual coins, purchased by you prior to suspension will be maintained while your account is suspended. Refunds will not be issued for previously purchased virtual coins.
- Please use the “Contact Us” button within the “Settings” menu of the app, or
- Please email us at:
Cash Bash: cashbash-support@spinxgames.com
Cash Club: cashclub-support@spinxgames.com
Cash Frenzy: cashfrenzy-support@spinxgames.com
Cash Rally: cashrally-support@spinxgames.com
Jackpot Crush: jackpotcrush-support@spinxgames.com
Jackpot Mania: jackpotmania-support@spinxgames.com
Jackpot World: jackpotworld-support@spinxgames.com
Lotsa Slots: LotsaSlots-cs@spinxgames.com
Jackpot Wins: jackpotwins-cs@spinxgames.com
- Limit or restrict purchases. You may wish to limit or restrict your ability to purchase virtual coins in the app.
- Instructions for adjusting your settings on an Android device:
https://support.google.com/googleplay/answer/1626831?hl=en - Instructions for adjusting your settings on an Apple device:
https://support.apple.com/en-us/HT204396 - Instructions for adjusting your settings in Amazon:
https://www.amazon.com/gp/help/customer/display.html?nodeId=GM5UP39EFNETVXSE
- Adjust your notification settings. You may wish to adjust your notification settings on your device to limit or eliminate notifications from the app.
- Instructions for adjusting your settings on an Android device:
https://support.google.com/chrome/answer/3220216?hl=en
- Instructions for adjusting your settings on an Apple device:
https://support.apple.com/en-gb/HT201925
- Seek help from outside resources. If you need help or someone to talk to about your game play, please consider contacting a medical professional. Below is a list of other resources:
- WHO - Gaming Disorders
https://www.who.int/news-room/q-a-detail/addictive-behaviours-gaming-disorder - American Addiction Centers
https://americanaddictioncenters.org/video-gaming-addiction - National Institute of Mental Health
https://www.nimh.nih.gov/index.shtml - Substance Abuse and Mental Health Services Administration
https://www.samhsa.gov/find-help/national-helpline
1-800-662-HELP (4357) - SMART Recovery
https://www.smartrecovery.org/ - Smart Mobile Gamers
https://smartmobilegamers.org/
All of the links above are for third parties that are not affiliated with SpinX Games. We are not responsible for any advice dispensed by any third party.
Cash Club Terms of Service
Version 4.0
Effective September 4th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on September 3, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without COMPANY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. COMPANY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Cash Club at cashclub-support@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Cash Club Privacy Policy
Version 3.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
Cash Frenzy Terms of Service
Version 6.0
Effective August 29th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on August 25, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- SMS Terms and Conditions
To join Cash Frenzy's SMS chat based support program, text the keyword JOIN to the 10DLC number provided to opt-in!
Message frequency varies. Message and data rates may apply.
Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at ”+1(470) 881-2029” for more assistance.
To discontinue receiving messages, reply STOP to any message.
Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Cash Frenzy at cashfrenzy-support@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Cash Frenzy Privacy Policy
Version 3.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
Cash Frenzy Payment Terms & Conditions
Version 1.0
Effective January 4th 2023
DownloadTable of Contents
Virtual Items Purchased Through Website– Terms and Conditions
SpinX is pleased to offer Virtual Items (as defined in our Terms of Service) for purchase on our Website, https://www.cash-frenzy.com/. Our Website is integrated with a third-party payment processor to process such purchases.
By clicking the purchase button on our Website, you are agreeing to purchase Virtual Items, are requesting that SpinX supply such Virtual Items immediately, and are authorizing a charge for such Virtual Items at the rate quoted at the time of purchase. Please note that Virtual Item prices, charges and service offerings are subject to change.
When purchasing Virtual Items, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.
Your purchase of Virtual Items through our Website will be processed through a third-party payment processor. The third-party payment processor’s terms will apply. Please review the third-party payment processor’s terms of service and payment terms for additional information.
When you purchase Virtual Items through our Website, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address and certain financial information. SpinX does not collect or store credit card numbers.
Our third-party payment processors may share information with us related to your purchases. We may use this information for the purposes described in our Privacy Policy, including, but not limited to, information to facilitate your purchases and comply with our legal obligations, resolve any disputes we may have with you or other players, collect any money owed us, and enforce our agreements. Additionally, we may disclose personal information to, or allow access to personal information to such third-party payment processors in order to facilitate your purchases.
All sales of Virtual Items are final. If your Account is charged for items you did not purchase, you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance with the third-party payment provider’s policy. Any refund request must be received within 96 hours from the time of purchase. If you do not bring any problems or discrepancies to our attention within such time, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account (as defined in our Terms of Service) if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Please also refer to our Terms of Service and Privacy Policy, which govern use of SpinX’s games and services.
If you have any questions regarding website purchases of Virtual Items, please contact our customer support team at cashfrenzy-support@spinxgames.com.
Cash Rally Terms of Service
Version 3.0
Effective August 29th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on August 28, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Cash Rally at cashrally-support@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Cash Rally Privacy Policy
Version 5.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
Jackpot Crush Terms of Service
Version 5.0
Effective August 29th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on August 28, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- SMS Terms and Conditions:
To join Jackpot Crush's SMS chat based support program, text the keyword JOIN to the 10DLC number provided to opt-in!
Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at ”+1(478) 285-5739” for more assistance.
To discontinue receiving messages, reply STOP to any message.
Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Jackpot Crush at jackpotcrush-support@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Jackpot Crush Privacy Policy
Version 3.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
Jackpot Mania Terms of Service
Version 4.0
Effective November 11th 2022
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on November 10, 2022. These are the Terms of Service for our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR MOBILE-GAME APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a mobile device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your mobile device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one mobile device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Violate any applicable law or regulation;
Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
Use, display, mirror or frame the Service, or any individual element within the Service;
Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of these Terms, including this Provision specifically, “COMPANY” means SpinX Games, Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games, Ltd. and Beijing Bole Technology Co., Ltd. “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
you understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give COMPANY an opportunity to resolve the Dispute. You must commence this process by written notification to:
For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
For all other users: SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong.
That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
For all other users: SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong.
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (i) and (ii) above.
Additionally, notwithstanding the above, COMPANY reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Provision, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Service and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – For Disputes between the COMPANY and users who are residents of the United States, you or COMPANY may initiate arbitration in either San Francisco, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, COMPANY may transfer the arbitration to San Francisco, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Service, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Service.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without COMPANY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. COMPANY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Jackpot Mania at Jackpot Mania-cs@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Service or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Jackpot Mania Privacy Policy
Version 1.0
Effective March 11th 2022
DownloadTable of Contents
Last Updated: February 8, 2021
Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications (collectively, the “Services”).
Notice
We respect your privacy and are committed to protecting personal information that you provide in connection with your use of the Services. This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of information gathered, how information is used and safeguarded, and how you may control the maintenance and sharing of your information.
WE USE DATA COLLECTION TOOLS, SUCH AS DEVICE IDs, TO OFFER YOU A BETTER EXPERIENCE WITH OUR SERVICES AND APPLICATIONS, PERSONALIZE CONTENT, TO ALLOW US AND OUR PARTNERS TO PROVIDE YOU WITH TARGETED ADVERTISEMENTS AND TO COLLECT ANONYMOUS STATISTICAL INFORMATION TO ENHANCE THE FUNCTIONALITY AND PERFORMANCE OF OUR SERVICES AND APPLICATIONS.
How Do We Collect Information About You and Why?
We may collect information about you directly from you and from third parties, as well as automatically through your use of our website www.spinxgames.com (the “Site”), Applications or Services.
Information We Collect From You and Your Use Of Our Applications and Services
We may receive certain information about you from third parties, such as Google or Apple. For information about how a third party may collect and disclose your information, please consult the third party’s respective Privacy Policy. We have no control over how the third party uses or discloses the personal information you provide to it. We store the information that we receive from the third party along with other information that we collect from you or receive about you. The information we receive depends on factors such as the Applications or Services you’re using, the third party, and your privacy settings. For example, we may collect and store some or all of the following information shared by the third party:
- your first and last name;
- your profile picture or its URL;
- your user ID number and profile information;
- your login e-mail provided to the third party;
- your physical location and that of the devices you use to access our Services;
- your gender;
- your birthday and/or age range;
- information about your activities through the third party;
- other publicly-available information provided by the third party; and/or
- any other information that the third party shares with us.
You may also share information with us directly. Certain areas and features of the Applications may require registration, account set-up and verification, including verification that you are over the age of 18 in order to complete your registration. You may be asked to give us some or all of the following information:
- your age or birthday;
- your first and last names;
- your e-mail address; and
- a password.
You may be able to take part in certain activities on our Applications and through our Services that enable you to communicate or share information with us and other players. These include:
- participating in player forums and message boards;
- posting public comments to player profiles or gameboards;
- sending private messages or invitations to other players;
- chatting with other players; and/or
- posting photos.
We may use information that you disclose while engaging in any of these activities to protect the safety and well-being of our players and the Company’s rights and property in connection with our Applications and Services; to conduct research; to operate, improve, personalize and optimize our Applications and Services and our players’ experiences, including through the use of analytics; to manage and deliver contextual advertising; and for purposes described below.
We may also obtain and share the billing and payment information that you provide when your purchase is processed by someone else, like Apple or Google.
If you purchase virtual currency or virtual items using our Services in connection with our Applications, we may have a third-party payment processor that will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address and financial information.
Information We Collect Automatically; Device IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs, server log analysis and other tracking technologies, currently existing and as they are developed, to enhance your experience with the Applications and Services and track information about your use of our Applications and Services. Like many websites, our Site and third parties acting on our behalf, like Google Analytics, also store log files and use cookies and other tracking technologies to collect information.
We may automatically collect the following information about you, for example:
- language information, referring and exit pages, and URLs;
- your geolocation (with your permission),
- unique device identifier (as permitted),
- your computer or mobile device’s operating system and platform,
- the communication network associated with your computer or mobile device, and mobile device name and model,
- the date and time of your use of the Site, Applications and Services, and
- the length of time you play our Applications, and/or visit or use our Site and Services.
We may use this information in the aggregate or we may combine it with personal information about you.
Cookies are small text files placed on your device that can be recalled by a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well.
Web beacons are electronic images (also called single-pixel or clear GIFs) that are contained within a website. When your browser opens a webpage that contains a web beacon, it automatically connects to the web server that hosts the image (typically hosted by a third-party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our websites (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our promotional email messages or newsletters to tell us if you open and act on them.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
We, and our analytics and advertising partners, use these technologies in our websites, apps, and online services to collect personal information (such as the cookies stored on your browser, the advertising identifier on your mobile device, or the IP address of your device) when you visit our site (or use our app). We and our partners also use these technologies to collect personal information about your online activities over time and across different websites or online services. This information is used to store your preferences and settings, enable you to sign-in, analyze how our websites and apps perform, track your interaction with the site or app, develop inferences, deliver and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes.
The California Consumer Protection Act (“CCPA”) requires us to disclose categories of personal data sold to third parties and how to opt-out of future sales. The CCPA defines personal information to include online identifiers, including IP address, cookie IDs, and mobile IDs. The law also defines a “sale” to include simply making data available to third parties in some cases. We let advertising and analytics providers collect IP addresses, cookie IDs, mobile IDs through our sites and apps when you use our online services, but do not “sell” any other types of personal information.
You may limit our use of tracking technologies by implementing the controls described below or by contacting us as described below.
Note that although we will not “sell” your personal data after you exercise your right to opt out, we will continue to share some personal information with our partners (acting as our service providers) to help us perform advertising-related functions such as, but not limited to, measuring the effectiveness of our ads, managing how many times you may see an ad, reporting on the performance of our ads, ensuring services are working correctly and securely, providing aggregate statistics and analytics, improving when and where you may see ads, and/or reducing ad fraud.
Further, opting out of sales will not necessarily opt you out of the use of previously sold personal information or stop all interest-based advertising. If you access this site (or app) from other devices or browsers, visit the link below from those devices or browsers to ensure your choice applies to the data collected when you use those devices or browsers.
Other information related to your right to opt-out from sales of personal data is contained in the California Privacy Rights section of this statement.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our website. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, which will disable web beacons in the email messages you read.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our websites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
How We Use Your Information
We use the personal data we collect for purposes described in this privacy statement or otherwise disclosed to you. For example, we use personal data for the following purposes:
- To deliver Applications and provide our Services to you, to communicate with you about your use of our Applications and Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.
- To tailor the content and information that we may send or display to you, to offer location customization, and to otherwise personalize your experiences while using the Site, Applications, or our Services.
- Where permitted by law, and in accordance with all applicable terms and conditions, for marketing and promotional purposes. For example, we may use your information, such as your email address, to email you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We may also use the information that we learn about you to determine where to assist us in advertising our Applications and Services.
- To better understand how users access and use our Applications and Services, both on an aggregated and individualized basis, in order to improve our Applications and Services, analyze player traffic and activity, respond to user desires and preferences, and for other research and analytical purposes.
- As required or permitted by law.
We also use your information for communication, such as to respond to Customer Support inquiries, keep you informed of your in-game activity through the Applications and let you know about in-game status and promotions. While we do not retain personal information for longer than is necessary for either our purpose or to comply with legal requirements or recommendations, the length of time we retain your information generally depends on why we collected it and how we use it.
How We Share Your Information
We may disclose or publish aggregated information (information about you and other players collectively that is not intended to specifically identify you) and other non-personal information about our players for industry analysis, demographic profiling, marketing, analytics, advertising, and other business purposes.
In addition, we may share your information (which may include personal information) with third parties or allow third parties to collect this information from our Site, Applications or Services under the following circumstances:
- to third party vendors, service providers, contractors or agents who perform functions on our behalf, such as payment processors, game play analysts, services hosts, customer service providers and marketing companies;
- with your consent;
- as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena;
- to other users of the Applications and Services in any post you make in any public forum offered by us or through the Applications; and
- to protect us or our users to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Service or this Privacy Policy, or as support or evidence in any dispute or litigation in which we are involved.
What Choices Do You Have Regarding Our Use of Your Personal Information?
We may send periodic promotional or informational emails to you. You may opt-out of promotional emails by following the opt-out instructions contained in the e-mail. Please note that it may take up some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
If you want to request to review, delete, or change the information we have about you; request that we no longer make active use of your information; or if you have additional questions, please send an email to us at privacy@spinxgames.com with your request and identifying information in the body of the email, including your first name, last name, e-mail address or login name you use to access our Application and Services. We will respond to your email as soon as possible. Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself. In some instances you can also stop or limit the type of device IDs or cookies you allow (See our Information We Collect Automatically; Device IDs, Cookies, and Other Tracking Technologies
above).
European Data Protection Rights
If the processing of personal data about you is subject to European Union data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal data;
- If any automated processing of personal data is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal data in a usable and portable format;
- If the processing of personal data is based on your consent, you can withdraw consent at any time for future processing;
- You can to object to, or obtain a restriction of, the processing of personal data under certain circumstances; and
- For residents of France, you can send us specific instructions regarding the use of your data after your death.
To make such requests, contact us at privacy@spinxgames.com. When we are processing data on behalf of another party that is the “data controller,” you should direct your request to that party. You also have the right to lodge a complaint with a supervisory authority, but we encourage you to first contact us with any questions or concerns.
We rely on different lawful bases for collecting and processing personal data about you, for example, with your consent and/or as necessary to provide the products you use, operate our business, meet our contractual and legal obligations, protect the security of our systems and our customers, or fulfil other legitimate interests.
California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this privacy statement. You may make such a “request to know” by contacting us at privacy@spinxgames.com.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out. Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this privacy statement may be considered a “sale” under those definitions. In the past 12 months, we have sold cookie IDs, device IDs, and IP addresses. To opt-out from “sales” of personal information, please visit our “Do Not Sell My Personal Information” page. We do not knowingly sell the personal information of minors under 16 years of age.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking for your name and your email address or the username associated with your account.
Finally, you have a right to receive notice of our practices at or before collection of personal information, and you have a right to not be discriminated against for exercising these rights set out in the CCPA.
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, signing off choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
Any email or other communication requesting your password or asking you to provide sensitive account information via email should be treated as unauthorized and suspicious and should be reported to us immediately through our contact page. If you do share your password or your mobile device with a third party for any reason, the third party will have access to your account and your personal information, and you may be responsible for actions taken using your password. If you believe someone else has obtained access to your password, please change it immediately. If you believe that an unauthorized access has already occurred please report it immediately to us.
We may have access to your password and may use such password to access your account for debugging, quality assurance, or other internal purposes.
Governing Law
This Privacy Policy is governed by the laws of the State of California without giving effect to any principles of conflict of law. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Privacy Policy will be the state and federal courts located in the San Francisco, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Effective Date; Policy Changes
Each time you use the Site, Applications or Services, the current version of the Privacy Policy will apply. Accordingly, when you use the Site, Applications or Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. We will not materially change our policies and practices to make them less protective of customer information collected in the past without the consent of affected customers.
Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of the Site, Applications or Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com. You may also contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115.
Jackpot Wins Terms of Service
Version 6.0
Effective August 29th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on August 28, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- SMS Terms and Conditions:
To join Jackpot Wins' SMS chat based support program, text the keyword JOIN to the 10DLC number provided to opt-in!
Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at ”+1(315) 282-8343” for more assistance.
To discontinue receiving messages, reply STOP to any message.
Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Jackpot Wins at jackpotwins-cs@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Jackpot Wins Privacy Policy
Version 4.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
Jackpot World Terms of Service
Version 6.0
Effective August 29th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on August 25, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at:
SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- SMS Terms and Conditions.
To join Jackpot World's SMS chat based support program, text the keyword JOIN to the 10DLC number provided to opt-in! Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at ”+1(801) 658-0330” for more assistance.
To discontinue receiving messages, reply STOP to any message. Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire AgreementThese Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without COMPANY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. COMPANY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Jackpot World at jackpotworld-support@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Jackpot World Privacy Policy
Version 3.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
Jackpot World Payment Terms & Conditions
Version 1.0
Effective December 26th 2022
DownloadTable of Contents
Payment Terms and Conditions
SpinX is pleased to offer Virtual Items (as defined in our Terms of Service) for purchase on our Website, https://www.jackpot-world.com/. Our Website is integrated with a third-party payment processor to process such purchases.
By clicking the purchase button on our Website, you are agreeing to purchase Virtual Items, are requesting that SpinX supply such Virtual Items immediately, and are authorizing a charge for such Virtual Items at the rate quoted at the time of purchase. Please note that Virtual Item prices, charges and service offerings are subject to change.
When purchasing Virtual Items, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you, in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.
Your purchase of Virtual Items through our Website will be processed through a third-party payment processor. The third-party payment processor’s terms will apply. Please review the third-party payment processor’s terms of service and payment terms for additional information.
When you purchase Virtual Items through our Website, our third-party payment processor will collect the billing and financial information it needs to process your charges. This may include your postal address, e-mail address and certain financial information. SpinX does not collect or store credit card numbers.
Our third-party payment processors may share information with us related to your purchases. We may use this information for the purposes described in our Privacy Policy, including, but not limited to, information to facilitate your purchases and comply with our legal obligations, resolve any disputes we may have with you or other players, collect any money owed us, and enforce our agreements. Additionally, we may disclose personal information to, or allow access to personal information to such third-party payment processors in order to facilitate your purchases.
All sales of Virtual Items are final. If your Account is charged for items you did not purchase, you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance with the third-party payment provider’s policy. Any refund request must be received within 96 hours from the time of purchase. If you do not bring any problems or discrepancies to our attention within such time, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account (as defined in our Terms of Service) if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
Please also refer to our Terms of Service and Privacy Policy, which govern use of SpinX’s games and services.
If you have any questions regarding website purchases of Virtual Items, please contact our customer support team at jackpotworld-support@spinxgames.com.
Jackpot World Payment Terms & Conditions - Chinese
Version 1.0
Effective December 26th 2022
DownloadTable of Contents
儲值條款及條件
歡迎您使用大福娛樂城官方網站(以下簡稱“網站”,https://www.jackpot-world.com/)購買虛擬物品(定義見使用條款)。網站集成了第三方支付服務來處理此類購買。
點擊網站上的購買按鈕,即表示您同意購買虛擬物品,並要求SpinX立即提供此虛擬物品,並授權SpinX按購買時的價格對此虛擬物品收費。請注意,虛擬物品的價格、收費和提供的服務可能會發生變化。
購買虛擬物品時,您同意根據支付費用時有效的計費條款和價格向我們支付您購買的適用費用,包括您產生的適用稅費。
您在網站購買的虛擬物品將透過第三方支付服務進行處理。第三方支付服務商的條款將適用與此次購買。請查看第三方支付處理商的服務條款和支付條款以獲取更多信息。
當您在網站購買虛擬物品時,第三方支付服務將收集所需的帳單和財務信息,以利進行處理和收費。這些信息可能包括您的郵政地址、電子郵件地址和部分財務信息。SpinX不收集或存儲信用卡號。
我們的第三方支付服務商可能會與我們共享與您的購買相關的信息。我們可能會將此信息用於我們的隱私政策中所述的目的,包括但不限於促進您的購買和遵循法律義務、解決我們可能與您或其他玩家之間的任何爭議、收取欠款、執行協議。此外,我們可能會向此第三方支付服務商披露或允許其訪問您的個人信息,以利您的購買。
虛擬物品的所有銷售都是最終的。如果您的帳戶因您未購買的商品而被扣款,或者您沒有收到您購買的商品,或者您被收取的金額不正確,您可以根據第三方支付服務商的政策要求退款或更正。任何退款申請必須在購買後96小時內發起。如果您未在上述時間內將任何問題或差異提請我們注意,則您同意放棄對此問題或差異提出異議的權利。您負責並同意補償我們因您授權或接受的付款或由此產生的所有撤銷、退款、索賠、費用、罰款和其他責任(包括成本和相關費用)。您了解,如果出於任何原因導致您授權我們通過您的信用卡或其他付款方式收取的費用無法處理或未支付給我們,我們可能會暫停或終止您的帳戶(定義見使用條款),並且,如果發生此類事件,您應立即通過其他付款方式向我們支付此費用。
如果您對在本網站購買虛擬物品有任何疑問,請透過jackpotworld-support@spinxgames.com聯繫我們的客戶服務團隊。
Jackpot World Payment Terms & Conditions - Japanese
Version 1.0
Effective December 26th 2022
DownloadTable of Contents
チャージ規約について
ジャックポットワールド公式ウェブサイト(以下「本サイト」、https://www.jackpot-world.com/)において、バーチャルアイテム(定義は利用規約に参照)を購入することができます。購入手続きを処理するため、第三者による決済サービスを取り入れています。
利用者は、本サイトの購入ボタンをクリックすることにより、仮想アイテムの購入に同意し、SpinXに当該バーチャルアイテムを直ちに提供するよう依頼し、購入時に提示される料金が当該バーチャルアイテムの料金であることを承認するものとします。なお、仮想アイテムの価格、料金及びサービス内容は変更されることがあります。
利用者は、バーチャルアイテムを購入する場合、支払いの際に有効な請求条件及び価格に従い、利用者が負担する適用税額を含む購入にかかる適用料金を当社に支払うことに同意するものとします。
本サイトにおける利用者のバーチャルアイテムの購入は、第三者による決済サービスを通じて処理されます。そのため、第三者決済サービス業者の規約が適用されます。 詳細については、第三者決済サービス業者のサービス利用規約及び支払条件をご確認ください。
利用者が本サイトでバーチャルアイテムを購入される場合、第三者決済サービスは、利用者の請求処理に必要な請求情報及び財務情報を収集します。これには、利用者のご住所、電子メールアドレス、及び特定の財務情報が含まれることがあります。SpinXは、クレジットカード番号を収集又は保存しません。
当社の第三者決済サービス業者は、購入に関連する情報を当社と共有することがあります。当社は、この情報を、購入の促進、法的義務の遵守、又は他の利用者との紛争の解決、支払うべき金銭の回収、契約の履行など、当社のプライバシーポリシーに記載された目的のために使用することがあります。 さらに、当社は、利用者の購入を促進することを目的として、第三者決済サービス業者に利用者の個人情報を開示し、又はアクセスを許可する場合があります。
バーチャルアイテムの販売は全て最終的なものと見なされます。 利用者が購入していない商品の代金がアカウントに請求された場合、利用者が購入した商品が届かなかった場合、又は不正な金額が請求された場合、利用者は第三者決済サービス業者のポリシーに従い返金又は訂正を要求することができます。返金要求は、購入後96時間以内に行う必要があります。利用者がその期間内に問題又は事情を当社に知らせなかった場合、利用者は当該問題又は事情に異議を唱える権利を放棄することに同意するものとします。 利用者は、利用者が承認又は承諾した支払いに起因又は関連する全ての取り消し、返金請求、罰金及びその他の債務(費用及び関連費用を含む)について責任を負うと共に、当社が責任を免じることに同意するものとします。 利用者は、何らかの理由により、当社が利用者のクレジットカード又はその他の支払方法に対して承認された正当な請求が処理されなかった場合、又は未払いのまま当社に返送された場合、当社が利用者のアカウント(当社の利用規約で定義)を一時停止または終了できることを理解するものとします。なお、このような事態が生じた場合、利用者は直ちに代替支払方法を通して請求料金を当社に送金しなければならないものとします。
SpinXのゲーム及びサービスの使用詳細に関しては、当社の利用規約及びプライバシーポリシーをご参照ください。
本サイトにおけるバーチャルアイテムの購入に関するご質問・ご不明な点等は、カスタマーサポート(jackpotworld-support@spinxgames.com)までお問い合わせください。
Lotsa Slots Terms of Service
Version 7.0
Effective August 29th 2024
DownloadTable of Contents
Terms of Service
DATE LAST MODIFIED on August 22, 2024. The Terms of Service is an agreement between you and SpinX Games Ltd. (or “COMPANY”) that governs your use of our Site, Applications and Service. For purposes of these Terms of Service, “COMPANY” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”).
- Acceptance of Terms
THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the COMPANY. You and the COMPANY agree to submit disputes to a neutral arbitrator and not to sue in court in front of a judge or jury, except in small claims court. Please see Section 18 below for details.
You may opt out of the binding individual arbitration and class action waiver as provided below.
COMPANY reserves the right, in its sole discretion, to modify or change these Terms at any time by posting the changes on or within the Application or other parts of the Service. Your continued use of the Service following the posting of such changes constitutes your acceptance of the revised Terms. COMPANY may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your use of the Service. You agree that COMPANY may change any part of the Service, including its content, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that COMPANY will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy for the respective Services. By accessing and using our Services, you agree that you have read and acknowledge such Privacy Policies.
- Eligibility
To use the Service, you must be a natural person, at least 18 years old, who is assigned to the e-mail address associated with your registration. At our sole discretion, we may require proof that you meet this condition in connection with your use of the Service. Failure to comply with this condition will result in the closing of your Account and the loss of all Virtual Items (including Loyalty Points) (each as defined below) accumulated through your use of the Service.
- License
To use the Service, you must have a device that is compatible with the Application. COMPANY does not warrant that the Application will be compatible with your device. If you decide to use the Service, subject to your agreement and compliance with these Terms and the Privacy Policy, COMPANY hereby grants you a non-exclusive, non-transferable, revocable license to install and use an object code copy of the Application for one registered account on one device owned or leased solely by you. COMPANY also grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited scope license to access and use those portions of the Service that are not part of the Application. Use of the Service shall be solely for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever. If the Service or any part thereof is determined to be illegal under the laws of the jurisdiction in which you are situated, you shall not be granted any license to use the Application or any other part of the Service, and must refrain from using it. You may not: (i) modify, disassemble, decompile or reverse engineer the Application; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that COMPANY may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your device, but that COMPANY has no obligation to do so. You consent to such automatic upgrading on your device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Application or any copy thereof, and COMPANY and its third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). Standard carrier data charges may apply to your use of the Application.
- Virtual Items
From time to time during your use of the Service, you may have the opportunity to “earn”, “buy” or “purchase” (a) virtual in-game items; or (b) virtual in-game points, including but not limited to virtual coins, cash or points, all for use in the Service (together with virtual in-game items, “Virtual Items”). You do not in fact “own” the Virtual Items and the amounts of any Virtual Item do not refer to any credit balance of real points or its equivalent. Rather, by “earning”, “buying” or “purchasing” Virtual Items, you are granted a limited license to use the software programs that manifest themselves as the Virtual Items. The purchase and sale of such limited licenses to use Virtual Items is a completed transaction upon redemption of the applicable payment and shall under no circumstances be refundable, transferable or exchangeable including, without limitation, upon termination of your Account, termination of these Terms, and/or the discontinuation of the Service, except as required by law. COMPANY prohibits and does not recognize any purported transfers of Virtual Items effectuated outside of the Service, or the purported sale, gift or trade of anything that appears or originates in the Service, unless otherwise expressly authorized by COMPANY in writing. Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for real money, or exchange Virtual Items for value of any kind outside of a game, without COMPANY’s written permission. Any such transfer or attempted transfer is prohibited and void, and will subject your Account to termination. You acknowledge and agree: (a) that COMPANY may change the price of Virtual Items at any time, without notice, for any reason or for no reason, (b) that the amount of virtual points necessary to obtain certain Virtual Items may fluctuate, and (c) that COMPANY has no liability to you for any changes in the price of such Virtual Items and/or the amount of virtual points necessary to obtain Virtual Items. COMPANY reserves the right, without prior notification, to limit the quantity of the Virtual Items you can purchase and/or to refuse to allow you to purchase such Virtual Items. You acknowledge and agree that COMPANY shall have no liability for loss of Virtual Items due to any unauthorized third party activity, such as hacking, phishing, password mining, social engineering, and/or any other unauthorized third party activity. COMPANY may replace such lost Virtual Items at its sole discretion on a case-by-case basis, without incurring any further obligation or liability. COMPANY owns, has licensed, or otherwise has rights to use all of the content that appears on or in the Service. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Service, including without limitation the Virtual Items therein, whether “earned” in a game or “purchased” from COMPANY.
- Loyalty Points
You may have the opportunity to accumulate “Loyalty Points” through your use of the Service. Loyalty Points are virtual in-game points that you can use to “purchase” other Virtual Items within the Service. As with all Virtual Items, you do not in fact own the Loyalty Points you accumulate and the amounts of any Loyalty Points you accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by “earning”, “buying”, or “purchasing” Loyalty Points, you are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event COMPANY encounters issues with the game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, COMPANY reserves the right to correct any such errors.
- Accumulating Loyalty Points
You may accumulate Loyalty Points by taking certain actions while using the Service. For example, you may earn Loyalty Points by posting your in-game achievements to your social media account, “liking” certain aspects of the Service, playing the games for a specified duration, or participating in certain in-game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. Loyalty Points are NOT and WILL NOT be awarded or earned in any way related to or based upon the outcome of any game you play during your use of the Service.
- Using Loyalty Points
You may exchange your accumulated Loyalty Points for in-game Virtual Items in the Service. You may also exchange your Loyalty Points for Rewards in the “Rewards” area of the Service. In order to redeem a Reward, you must have a valid account connected with the Application. The first time you exchange your Loyalty Points for Rewards, you will be asked to provide your name and e-mail address. The name you provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Service.
Once you have exchanged Loyalty Points for a Reward, you are said to have “purchased” that Reward. After purchasing your Reward, you will have a limited period of time in which complete a “redemption process” by following a defined “redemption method.” Redeeming a reward that has been purchased in the Service secures that reward for your specific use at a particular time. When the redemption process is complete, you may then “use” the reward. A Reward is considered “used” at the moment when it is consumed.
- Inactive Accounts
If you do not use your Account by logging in using the Service at least once every 30 days, your Account will be deemed inactive. You can, at any time, reactivate your Account by logging in and using the Service. When an Account has been deemed inactive, COMPANY may, at its own discretion, expire any Loyalty Points accumulated by you. Once your account is deemed inactive, any Rewards which have been purchased but not yet redeemed may also be expired at the discretion of COMPANY.
- Third Party Providers of Goods and Service
Our Partners reserve the right, in their sole discretion, to change, amend, suspend, cancel, or terminate any program they offer or any aspects and/or terms and conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. You hereby agree that COMPANY shall have no liability to you as a result of such action by a Partner.
- Termination
COMPANY may terminate or suspend your Account (including, but not limited to, suspending your ability to purchase, redeem or consume Rewards) and/or your access to Service (including, but not limited to, restricting your ability to use the Application) at any time, including for breach of these Terms or otherwise, without notice and without liability to you. Upon any such termination, your access to the Service, including all User Content (as defined below) and Virtual Items, will be disabled and you will lose any Loyalty Points that you have accumulated. COMPANY shall have the right, but not obligation, to store any User Content subsequent to any such termination. You may cancel your Account at any time by discontinuing your use of the Service and/or the Application. COMPANY is in no way liable to you for the effects of any termination or cancellation on your use of the Service or the Virtual Items you have accumulated.
- User Content and Feedback
The Service may include various forums, blogs, and chat rooms where you and other users can post your observations and comments on designated topics (“User Content”). COMPANY cannot guarantee that other users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential do not post it on the Service. COMPANY IS NOT RESPONSIBLE FOR ANY USER’S USE, MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION POSTED IN ANY FORUMS, BLOGS AND CHAT ROOMS INCLUDING, WITHOUT LIMITATION, YOUR USE, MISUSE, OR MISAPPROPRIATION, OR ANY INFORMATION A USER MAY PROVIDE TO ANY SERVICE PROVIDER OR OTHER USERS. By making available any User Content through the Service, you hereby grant to COMPANY a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content only on, through or by means of the Service. COMPANY does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and releases that are necessary to grant to COMPANY the rights in such User Content as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or COMPANY’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
COMPANY may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted on the Service. You acknowledge that chats, postings, or materials posted by users are neither endorsed nor controlled by COMPANY, and these communications should not be considered reviewed or approved by COMPANY. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You are solely responsible for your activities in connection with User Content and you agree that COMPANY will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.
COMPANY reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, COMPANY shall at no time be responsible or held liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law. COMPANY welcomes and encourages your feedback, comments and suggestions for improvements to the Service (“Feedback”). You may submit Feedback using the contact information provided on the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of COMPANY and you hereby irrevocably assign to COMPANY and agree to irrevocably assign to COMPANY all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, trademark, moral rights and other proprietary or intellectual property rights therein. At COMPANY’s request and expense, you will execute documents and take such further acts as COMPANY may reasonably request to assist COMPANY to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- General Rules of Conduct and Usage
You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms herein. You undertake that you shall not defraud, or attempt to defraud, COMPANY or other users, and that you shall not act in bad faith in your use of the Service. If COMPANY determines that you do act in bad faith in violation of these Terms, or if COMPANY determines that your actions fall outside of reasonable community standards, COMPANY may, at its sole discretion, make adjustments to the number of Loyalty Points associated with your Account, terminate your Account and/or prohibit you from using the Service. By way of example, you specifically agree that you shall not:
- Download the Application, create an Account or access or use any part of the Service if you are under the age of 18;
- Use the Service if you are located in a country embargoed by the United States or if you are on the U.S. Treasury Department’s list of Specially Designated Nationals;
- Use the Service for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms;
- Access, tamper with, or use non-public areas of the Service, COMPANY computer systems, or the computer systems of our providers and partners;
- Attempt to probe, scan, or test the vulnerability of any COMPANY system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by COMPANY or any of our providers or any other third party (including another user) to protect the Service or any part thereof;
- Attempt to use the Service on or through any platform or service that is not authorized by COMPANY;
- Post, upload, publish, submit, provide access to or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- Interfere with the ability of other users to enjoy using the Service, including but not limited to, disrupting the COMPANY’s game environment, or taking actions that interfere with or increase the cost to provide the Service for the enjoyment of other users;
- Engage in any act that conflicts with the spirit or intent of the Service, including but not limited to, manipulating or circumventing game policies, game rules or these Terms;
- Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;
- Send any unsolicited or unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain letters or other form of solicitation;
- Create false personas, multiple identities, multiple Accounts, set up an Account on behalf of someone other than yourself or otherwise attempt to override or avoid any Loyalty Points or Rewards limits or restrictions established by COMPANY and/or any Rewards Partner;
- Obtain or attempt to obtain passwords or other private information from other users of the Service, including but not limited to, personally identifiable information or financial information;
- Upload or transmit (or attempt to upload or to transmit), without COMPANY’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1×1 pixels, cookies or other similar devices;
- Develop, distribute, use, or publicly inform other members of cheats, automation software, bots, hacks, mods or any other unauthorized third party software or applications;
- Exploit, distribute or publicly inform other users of the Service of any game error or bug which gives users an unintended advantage;
- Use Virtual Items in a manner that violates these Terms, including transferring or selling Virtual Items or fraudulently obtaining or acquiring Virtual Items or other products or services;
- Sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account or any Virtual Items associated with your Account to anyone without COMPANY’s written permission;
- Access or use an Account or Virtual Items that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without COMPANY’s permission;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Violate any applicable law or regulation;
- Attempt to interfere with, intercept or decipher any transmissions to or from the servers for the Service;
- Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service; or
- Encourage or enable any other individual or group to do any of the foregoing.
- Intellectual Property Ownership
The Service and all content thereon or therein are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, COMPANY and its licensors exclusively own all right, title and interest in and to Service and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service. You agree that you shall not:
- Modify, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service without COMPANY’s explicit, prior written permission;
- Use, display, mirror or frame the Service, or any individual element within the Service;
- Use the intellectual property of COMPANY, or any COMPANY licensor, to adapt, modify or create derivative works based on such intellectual property;
- Rent, lease, loan, trade, sell/re-sell access to the Service or any information therein, in whole or part; or
- Use or reproduce any COMPANY licensor, or third party trademark or logo without the prior express written consent of the owner of such trademark or logo.
- Links to Third Party Sites
The Service may contain links to third-party websites or resources that are not owned or controlled by COMPANY. You acknowledge and agree that COMPANY is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. COMPANY does not control nor does it review, research, verify, validate or approve the third-party sites to which the Service may be linked. Such links, therefore, do not imply any endorsement by COMPANY of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
- DMCA Notice
If you are a copyright owner or an agent thereof and believe your work is the subject of copyright infringement on the Service, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to COMPANY’s Designated Agent the following information:
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed.
COMPANY’s Designated Agent for claims of copyright infringement can be reached as follows: by e-mail at intellectualproperty@spinxgames.com or by mail at: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
You acknowledge that if you fail to comply with substantially all of the above requirements of this section your DMCA notice may not be valid and we may not be able to remove infringing content.
Please also note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
- Updates to the Site and Service; Maintenance
You acknowledge and agree that COMPANY may update the Service with or without notifying you. COMPANY may require that you accept updates to the Service and you may also need to update third party software from time to time in order to receive the Service. COMPANY conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Service will not be available during maintenance periods. All problems encountered during the use of the Service, including those with regard to your Account, can be reported to COMPANY when the problem is encountered privacy@spinxgames.com.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and COMPANY agree that all Disputes, as defined below, between you and COMPANY will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose & Disputes Covered
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you (including anyone acting on your behalf, asserting your rights, or seeking damages or losses incurred by you) and COMPANY.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit and proceed in court to a jury trial, and instead agree to submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions or representative actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision as described in section (e) below. If this is the first time you have agreed to any version of these Terms, and you opt out in accordance with section (e), below, you would retain your right to litigate your disputes in a court, either before a judge or jury. However, if you have previously consented to arbitrate (i.e., if you already agreed to a prior version of these Terms without opting out), then you may only opt out of the revised arbitration procedure contained herein, and the arbitration procedure in the most recent version of the Terms that you agreed to will govern.
For the purpose of these Terms, including this Provision specifically, “Dispute” means any dispute, claim, or controversy between you and COMPANY regarding any aspect of your relationship with COMPANY, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” shall include any Dispute brought by any individual purporting to act on Your behalf or any individual or actor who purports to seek damages, recovery, or relief for injury associated with or suffered by you. “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT, IN ACCORDANCE WITH THIS PROVISION. YOU AND COMPANY FURTHER AGREE THAT YOU ARE EACH WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and COMPANY are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and COMPANY might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
YOU AND COMPANY AGREE THAT, UNLESS THE MASS ARBITRATION EXCEPTION SET FORTH IN SECTION 18(F) APPLIES, YOU AND COMPANY MAY EACH BRING CLAIMS IN ARBITRATION AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT IN A CLASS ACTION, MASS ACTION, COLLECTIVE ACTION (WHERE DAMAGES, LOSSES, OR INJURIES ASSOCIATED WITH YOU AND OTHER INDIVIDUALS OR ENTITIES ARE CONSOLIDATED IN A SINGLE ACTION), OR ON A REPRESENTATIVE BASIS (“CLASS ACTION WAIVER”). YOU AND COMPANY EACH AGREE THAT YOU AND COMPANY ARE WAIVING THE RIGHT TO PURSUE OR HAVE A DISPUTE RESOLVED AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING.
Except as otherwise provided in this Provision, the arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. The arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, , consolidated action, private attorney general action, or any type of action where you seek recovery on behalf of, for the benefit of, or of amounts lost or spent by a third-party) unless both you and COMPANY specifically agree to do so following initiation of the arbitration. The arbitrator 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(s).
Notwithstanding any other provision of these Terms or the rules of the arbitration provider, disputes regarding the interpretation, applicability, or enforceability of this Class Action Waiver may be resolved only by a court and not by an arbitrator. In any case in which: (1) the dispute is filed as a class, collective, or representative action and (2) there is a final judicial determination that the Class Action Waiver is unenforceable with respect to any claim or any particular remedy for a claim (such as a request for public injunctive relief), then that claim or particular remedy (and only that claim or particular remedy) shall be severed from any remaining claims and/or remedies and may be brought in a court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims or remedies to the fullest extent possible.
If you choose to pursue your Dispute in court by opting out of this Provision, as specified in section (e) below, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements below.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, and including Mass Arbitrations as defined herein, you must first give COMPANY an opportunity to resolve the Dispute, and during such resolution process, both you and the COMPANY agree to participate in good faith. You must commence this process by providing written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
That written notification must include (1) your name, (2) the address of your place of residence, (3) a written description of your Claim, (4) identification of the Application or service at issue, (5) your numerical User ID for each Application or service at issue, (6) a description of the Dispute, which must identify any Application or service used by you, the dates of the events giving rise to the Dispute, and the specific facts underlying your Dispute; and (7) the specific relief you seek, including the amount of any monetary demand. If COMPANY does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt-Out
Notwithstanding the above, you or COMPANY may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
- For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
- For all other users: SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong
Your written notification must include (1) your name, (2) your address, (3) your numerical User ID for each SpinX Application at issue; and (4) a clear statement that you do not wish to resolve disputes with COMPANY through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with COMPANY. If you do not provide COMPANY with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clause (i) above.
Additionally, notwithstanding the above, You and the COMPANY reserve the right to bring an action in any court of competent jurisdiction to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or COMPANY may initiate arbitration proceedings. The parties may appoint a single arbitrator by mutual consent; otherwise, JAMS, www.jamsadr.com, 1-800-352-5267, will administer the arbitration of all Disputes, and the arbitration will be conducted before a single arbitrator. Unless the parties agree otherwise, the arbitrator must be an attorney licensed to practice law in California with at least ten years of experience in commercial law. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall have no authority to consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. Except as provided in Section 18(c) above, all issues shall be for the arbitrator to decide, including the scope and enforceability of this agreement to arbitrate, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. However, a court has exclusive authority to enforce the Class Action Waiver. Likewise, a court has exclusive authority to enjoin any arbitration proceedings that do not comply with these Terms, including Section 18 specifically.
You and the Company agree that the JAMS Comprehensive Arbitration Rules & Procedures, the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases, and the JAMS Mass Arbitration Procedures and Guidelines shall apply to any arbitration, except that You and the COMPANY agree that a Mass Arbitration is defined as 25 or more similar Demands for Arbitration filed against the same Party or related Parties by individual Claimants represented by either the same law firm or law firms acting in coordination. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision shall govern in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Services and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes.
- Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will not have the power to award to any claimant any damages on behalf of, for the benefit of, incurred by a third party or relief for any harm on behalf of, for the benefit of, or incurred by a third party. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
- Location of Arbitration – The seat of the arbitration shall be San Francisco, California, but, unless contrary to law, both You and the COMPANY shall have the right to participate in any arbitration hearing or other proceeding remotely via videoconference or telephone. When required by law, the arbitrator shall be authorized to convene a hearing in a different location, and in such instances and only to the extent required by law, COMPANY will pay the cost of the arbitrator’s travel. For any user who lives more than 50 miles from the location of the arbitration, COMPANY will pay the user’s reasonable cost of travel, as determined by the arbitrator, to any in-person hearing, in the event the user chooses to attend the hearing in person.
- Payment of Arbitration Fees and Costs – Unless otherwise provided herein, each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. Unless otherwise provided herein, You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the COMPANY and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or COMPANY may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Disclaimer of Warranties
The Service (including the Application) and all content thereon or therein are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, COMPANY our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “COMPANY Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The COMPANY Parties make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The COMPANY Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through service.
You are solely responsible for all of your communications and interactions with other users of the Service and with other persons with whom you communicate or interact as a result of your use of the Service. You understand that COMPANY does not screen or inquire into the background of any users of the Service, nor does COMPANY make any attempt to verify the statements of users of the Service. The COMPANY Parties make no representations or warranties as to the conduct of users of the service or their compatibility with any current or future users of the service. You agree to take reasonable precautions in all communications and interactions with other users of the service and with other persons with whom you communicate or interact as a result of your use of the service, particularly if you decide to meet offline or in person. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the disclaimers of this section
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the service, including the application, remains with you. Neither the COMPANY Parties nor any other party involved in creating, producing, or delivering the service will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the service or other persons with whom you communicate or interact as a result of your use of the Service, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the COMPANY Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between COMPANY and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the COMPANY Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, any of your User Content, or any breach of the representations, warranties, and covenants made by you herein. COMPANY reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify COMPANY, and you agree to cooperate with COMPANY’s defense of these claims. COMPANY will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.
- Additional Mobile Application Terms
The following additional terms and conditions apply with respect to any Application that COMPANY provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Apple, Inc. (“Apple”).
Your use of the iOS App must comply with Usage Rules set forth in Apple’s then-current App Store Terms of Service.
COMPANY, and not Apple, is solely responsible for our iOS App and the services and content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of the iOS App to conform to any warranty.
You agree that COMPANY, and not Apple, is responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
You agree that COMPANY, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
You agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license to use the iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
The following additional terms and conditions apply with respect to any application that COMPANY provides to you designed for use on an Android-powered mobile device (an “Android App”):
You acknowledge that these Terms are between you and COMPANY only, and not with Google, Inc. (“Google”).
Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
COMPANY, and not Google, is solely responsible for the Android App, the services and content available thereon and the support and maintenance thereof. Google has no obligation or liability to you with respect to the Android App or these Terms.
- SMS Terms and Conditions
To join Lotsa Slots' SMS chat based support program, text the keyword JOIN to the 10DLC number provided to opt-in!
Message frequency varies. Message and data rates may apply.
For additional help, reply HELP or call us at ”+1(478) 285-5779” for more assistance.
To discontinue receiving messages, reply STOP to any message.
Carriers are not liable for any delayed or undelivered messages.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or COMPANY to initiate litigation in a court, other than for small claims court actions, you and COMPANY agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and COMPANY each hereby waives any objection to jurisdiction and venue in such courts. Any litigation in a court that arises out of, or is in any way related to, enforcing Section 18 of these Terms shall take place in a state or federal court located in San Francisco, California.
Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Services, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between COMPANY and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between COMPANY and you regarding the Services.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without COMPANY’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. COMPANY may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by COMPANY (i) via e-mail (in each case to the address that you provided by your Facebook Login) or (ii) by posting to the Service. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Service will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- California Consumer Notice
Under California Civil Code section 1789.3, California users are entitled to the following consumer rights notice: The Service is provided by SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong. If you have a question or complaint regarding the Service, you may contact us via e-mail for Lotsa Slots at LotsaSlots-cs@spinxgames.com. You may also contact us by writing to SpinX Games Limited, Suite Nos. 6B-7, 19 Floor, China Hong Kong City Tower 3, 33 Canton Road, Kowloon, Hong Kong.
California residents may reach the Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
- Force Majeure
In delivering the Services or providing the Applications, COMPANY shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of COMPANY to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of COMPANY. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Subscription Terms
SpinX is pleased to offer subscription services for some of its games. Our subscription services include a recurring payment plan for our Services, including Virtual Items, as defined in our Terms of Service.
By clicking the purchase button within one of our games or by purchasing a subscription through a platform provider such as Google or Apple, you are agreeing to purchase a subscription, are requesting that SpinX begin supplying the subscription services immediately, are entering into a periodic subscription contract with SpinX, and are authorizing a charge of a periodic subscription fee to you at the rate quoted at the time of purchase. Your subscription will automatically renew at the start of each billing period unless and until you cancel your subscription or we terminate it. Please note that subscription prices, charges and service offerings are subject to change. If SpinX makes a change to the subscription rate, we will let you know in advance.
Your purchase of a SpinX subscription service will be processed through a platform provider, such as Apple or Google. The platform will charge you for the subscription fee and the platform’s payment terms will apply. You may cancel your subscription service at any time directly through the platform. Please review the appropriate platform’s terms of service and payment terms for additional information.
ANY SUBSCRIPTION PAYMENTS THAT HAVE ALREADY BEEN PROCESSED ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED SUBSCRIPTION PERIODS.
SpinX may occasionally offer promotions to players who agree to start a subscription or who already have a current subscription. These promotional items will not be a part of your ongoing subscription.
Please also refer to our Terms of Service and Privacy Policy, which govern use of SpinX’s games and services.
If you have any questions regarding our subscription services, please contact our customer support team at support@bolegames.mail.helpshift.com.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Lotsa Slots Privacy Policy
Version 3.0
Effective August 23rd 2024
DownloadTable of Contents
Contents
1. Introduction
2. Notice
3. What Information We Collect About You
4. Mobile IDs, Cookies, and Other Tracking Technologies
5. How We Use Your Information
6. How We Disclose Your Information
7. What Choices Do You Have Regarding Our Use of Your Personal Information?
8. UK, EEA and Swiss Data Protection Rights
9. California Privacy Rights
10. Retention of Personal Information
11. Location of Personal Information
12. Security of Your Personal Information
13. Effective Date; Policy Changes
14. Contact Us
1.Introduction
SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, the “Company”, “we” or “us”) develop, publish, market and commercialize a variety of games for use on various platforms, including mobile devices (our “Applications”) through which we offer relating game play and social gaming services, including the ability to make purchases through the Applications; we also operate websites at the following URLs https://spinxgames.com, https://www.cash-frenzy.com, https://jackpot-world.com, https://jackpot-wins.com and https://cashclubcasino.com ("Sites") (collectively, the “Services”).
SpinX Games Ltd. determines the purpose and means of the processing of your personal information as described in this Privacy Policy, and therefore acts as a "data controller" of such data.
2.Notice
We recommend that you read this Privacy Policy in full to ensure you are completely informed about your personal information. However, if you only want to access a particular section of this Privacy Policy, then you can click on the relevant link above to jump to that section.
This Privacy Policy is intended to provide notice of the Company’s information practices, including the types of personal information gathered, how personal information is used and safeguarded, and how you may control the maintenance and sharing of your personal information. This Privacy Policy applies to personal information we collected through our Services and applies to all users of our Services globally.
3.What Information We Collect About You
We may collect information about you in the following ways: (1) directly from you, (2) automatically through your use of our Services, or (3) from third parties. The information we receive depends on factors such as the Service you’re using, third parties we partner with or you integrate with, and your privacy settings.
Information that you provide directly
We collect personal information directly from you when you choose to provide us with this information online and through your other interactions with us (such as data collected via social media and any surveys, customer service communications, competitions or other promotional programs in which you may participate). Certain parts of our Services ask you to provide personal information when you engage with the following services: Account creation, customer service information and purchase of goods/services.
Information that we collect indirectly
We collect your personal information indirectly, including through automated means from your device when you use our Services. Some of the information we collect indirectly is captured using cookies and other tracking technologies, as explained further in the "Mobile IDs, Cookies, and Other Tracking Technologies" section below.
Information from third parties
We also collect your personal information from third party sources, for example:
- Social Media and Third-Party Partners. We collect any of the below categories of information from third-party applications, including social networks, that you choose to connect or interact with through our services. For example, when you connect with Facebook in our apps and services, we receive your username, profile picture and information, and friends list.
- Co-branding/marketing partners. We collect any of the below categories of information from partners with whom we offer co-branded services or engaging in joint marketing activities.
- Service providers. Third parties collect or provide any of the below categories of information in connection with work they do on our behalf. For example, we use vendors to provide customer service communications in our apps. They may collect the content of communications, your name, username, and contact information, and any other information you provide to them.
- Publicly available sources. We may collect any of the below categories of information from public sources such as public websites and open government databases. Information received from third parties will be checked to ensure that the third party either has your consent or are otherwise legally permitted or required to disclose your personal information to us.
The table below describes the categories of personal information we collect from and about you through our Services. This information will be combined with other information contained in our systems.
Personal information description | Source |
Name and contact information. We collect your first and last name, username or alias, and contact details such as email address, postal address, and phone number. We may also receive your social media handles, social media ID, social media information and contact list. | Directly from you. Third parties. |
Demographic information. In some cases, such as when you fill out a survey, we may collect your age, gender, marital status, occupation, household income, and similar demographic details. | Directly from you. Third parties. |
Payment information. If you make a purchase or other financial transaction, payment processors acting on our Sites and in our apps collect card numbers, financial account information, and other payment details. | Directly from you. |
Purchase information. When you make a purchase on our Sites and in our apps and services, we collect the information about the purchase, including the order ID and order amount. | Automatic collection. |
Content and files. We collect the photos (including social media profile picture or its URL), screenshots of gameplay or in-game content, documents, or other files you upload to our services or provide to us when you interact with our Applications or interact us on social media; and if you send us email messages or other communications, we collect and retain those communications. | Directly from you. Third parties. |
Communications information (that is, a type of “sensitive personal information” as defined by the California Consumer Privacy Act). We collect the content of your communications when you use our Services to send messages to others. | Directly from you. Third parties. |
Identifiers and device information. When you use our Services, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address, advertising IDs, such as IDFA, IMEI, MAID, and other unique identifiers.); device type; and your device’s operating system, browser, and other software including type, version, language, settings, storage information, network provider, battery status, and configuration. As further described in the “Mobile IDs, Cookies, and Other Tracking Technologies” section below, our Sites and online services store and retrieve cookie identifiers, mobile IDs, and other data. | Automatic collection. |
Geolocation information. Depending on your device and app settings, we collect geolocation data when you access our Services. | Automatic collection. |
Usage data. We automatically log your activity on our Sites, apps and connected products, including the URL of the website from which you came to our Sites, pages you viewed, how long you spent on a page, access times and other details about your use of and actions on our Sites. We also collect information about your activities on third party sites and services. | Automatic collection. Third parties. |
Inferences. We infer new information from other data we collect, either using automated means to generate information about your likely preferences or other characteristics, inferences based on survey responses or inferences received from our third party advertiser's. For example, we infer your general geographic location (such as city, state, and country) based on your IP address. | Directly from you Automatic collection. Third parties. |
We do not collect any special categories of personal information, as defined by the GDPR, about you, such as health-related information or information about your race or ethnicity, or sexual orientation. We do receive the following “sensitive personal information,” as defined by certain U.S. state privacy laws: communications information, which are the content of your communications when you use our Services to send messages to others.
When you are asked to provide personal information, you may decline. And you may use web browser or operating system controls to prevent certain types of automatic data collection. But if you choose not to provide or allow information that is necessary for certain services or features, those services or features may not be available or fully functional.
4.Mobile IDs, Cookies, and Other Tracking Technologies
We may use cookies, including Flash cookies, transparent GIFs (also called “web beacons”), mobile analytics and advertising IDs, server log analysis and other tracking technologies (collectively, "Cookies"), currently existing and as they are developed, to operate our Services, enhance your experience with our Services, and to help collect information, such as information about your use of our Services, identifiers, and device information.
Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our apps contain software that enables our third-party analytics and advertising partners to access the mobile IDs.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
5.How We Use Your Information
We use the personal information we collect for purposes described in this Privacy Policy or for purposes that we explain to you at the time we collect your information. Where we process the personal information of EU and UK users, depending on our purpose for collecting your personal information, we rely on one of the following legal bases:
- Contract - we require certain personal information in order to provide and support the services you purchase or request from us;
- Consent – in certain circumstances, we may ask for your consent (separately from any contract between us) before we collect, use, or disclose your personal information, in which case you can voluntarily choose to give or deny your consent without any negative consequences to you;
- Legitimate interests – we will use or disclose your personal information for the legitimate business interests of either us or a third party, but only when we are confident that your privacy rights will remain appropriately protected. If we rely on our (or a third party's) legitimate interests, these interests will normally be to: operate, provide and improve our business, including our Services; communicate with you and respond to your questions; improve our Services or use the insights to improve or develop marketing activities and promote our products and services; detect or prevent illegal activities (for example, fraud); and/or to manage the security of our IT infrastructure, and the safety and security of our employees, customers and vendors. Where we require your data to pursue our legitimate interests or the legitimate interests of a third party, it will be in a way which is reasonable for you to expect as part of the running of our business and which does not materially affect your rights and freedoms. We have identified below what our legitimate interests are; or
- Legal obligation – there may be instances where we must process and retain your personal information to comply with laws or to fulfil certain legal obligations.
The following table provides more details on our purposes for processing your personal information and the related legal bases. The legal basis under which your personal information is processed will depend on the data concerned and the specific context in which we use it.
Purposes of Use | Categories of Personal information | EU/UK Lawful basis for processing including basis of legitimate interest |
Product and service delivery. To provide and deliver our services, including troubleshooting, improving and optimizing those services (including through the use of analytics). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: contents of communications (“Communications information”) | Performance of a contract with you. Otherwise, as necessary for our legitimate interest (to operate, provide and improve our business; to communicate with you) where our communications are not necessary to perform or enter into a contract with you. Consent (where applicable for geolocation data). |
To facilitate the purchase of virtual items while using our Services. | Name and contact information, payment information, purchase information, identifiers and device information. | Performance of a contract with you. |
Protecting the safety and well-being of our players (including to prevent spam or fraud, stop cyber-attacks and to prevent illegal activities). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests (to operate and provide our business safely and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
To protect our legal rights (including where necessary, to share information with law enforcement and others), for example to defend claims against us and to conduct litigation to defend our interests. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Necessary for our legitimate interests to protect our business interests. |
Comply with legal and regulatory obligations to which we are subject, including our obligations to respond to your requests under data protection law. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. Communication information. | Legal obligation. |
Business operations. To operate our business, such as billing, accounting, improving our internal operations. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Performance of a contract with you. Otherwise, as necessary for our legitimate interests (to operate and provide our business and to protect our business interests). Legal obligation. Consent (where applicable for geolocation data). |
Product improvement, development, and research. To develop new services or features, and conduct research. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business). Consent (where applicable for geolocation data) |
Personalization.To understand you and your preferences to enhance your experience and enjoyment using our services. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. Otherwise as necessary for our legitimate interests (to operate, provide and improve our business). |
Customer support. To provide customer support and respond to your questions. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Communications. To send you information, including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages. | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Necessary for our legitimate interests (to operate, provide and improve our business; to communicate with you) – where our communications are not necessary to perform or enter into a contract with you.). Consent (where applicable for geolocation data) |
Marketing. To communicate with you about new services, offers, promotions, rewards, contests, upcoming events, and other information about our services and those of our selected partners (see the “What Choices Do You Have” section of this Privacy Policy for information about how to change your preferences for promotional communications). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
Advertising. To display advertising to you (see the “Mobile IDs, Cookies, and Other Tracking Technologies” and "What choices to you have" sections of this Privacy Policy for information about personalized advertising and your advertising choices). | Name and contact information, demographic information, payment information, content and files, identifiers and device information, geolocation information, usage data, inferences. California Consumer Privacy Act Sensitive Personal Information: Communication information. | Consent. |
The provision of your purchase information is necessary for SpinX to access the virtual items you have purchased and for the performance of our contract with you and/or to enter into a contract with you. If you do not provide this data, then we will not be able to perform a contract with you and provide the relevant services to you. The provision of your email is necessary for you to receive payment receipts or if you request to log-in to a Service via email. If you do not provide this data, then you may not be able to purchase services or log-in to the Services via email.
We combine data we collect from different sources for these purposes and to give you a more seamless, consistent, and personalized experience.
6.How We Disclose Your Information
We may disclose deidentified information, that is, information that cannot reasonably be used to infer information about or otherwise be linked to a consumer, about our players as permitted by applicable law.
We also disclose personal information with your consent or as we determine necessary to complete your transactions or provide the services you have requested or authorized. In addition, we disclose each of the above categories of personal information with categories of recipients (or allow third parties to collect this information from our Services) described below and for the following business purposes:
- Public information: Some of your profile information can be seen by other players in the game, this includes your profile name (either the default name or a name that profile name of your choosing), your profile image (the default image, an image you select, or the profile photo associated with a linked account), the level of the game you are playing, and the amount of virtual items you have. You may select options available to edit your name and/or username, change your profile picture, and certain other information.
- Third party social media platforms: Only at your direction, we will share information including your profile name, your player ID, your profile picture and certain in-game content (such as the level of game you are playing, screenshots of your gameplay, the amount of virtual items you have) to your accounts with third party social media platforms.
- Service providers: We provide personal information to third party vendors, service providers, contractors or agents who perform functions on our behalf for the purposes described in this Privacy Policy. For example, this includes companies we’ve hired to provide customer services support, game play analysts, services hosts, and marketing companies;
- Financial services and payment processing: When you provide payment information, for example, to make a purchase, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.
- Affiliates: We enable access to personal information across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business.
- Corporate transactions: We may disclose personal information as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets;
- Legal and Law enforcement: We will access, disclose, and preserve personal information when we believe that doing so is necessary to comply with applicable law, a judicial proceeding, court order, or other valid legal process, including from law enforcement or other government agencies;
- Security, safety, and protecting rights: We will disclose personal information if we believe it is necessary to: to protect us, our users, and others, for example to prevent spam or attempts to commit fraud, or to help prevent the loss of life or serious injury of anyone; to operate and maintain the security of our services, including to prevent or stop an attack on our computer systems or networks; or to protect the rights or property of ourselves or others, including to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, enforce our agreements, terms, and policies, or as support or evidence in any dispute or litigation in which we are involved.
Third party analytics and advertising companies also collect personal information through our Services, including identifiers and device information (such as cookie IDs, device IDs, MAIDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data. For example, we use Google Analytics on our Sites to help us understand how users interact with our Sites; you can learn how Google collects and uses information at: www.google.com/policies/privacy/partners. Some of the disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “What Choices Do You Have” and “California Privacy Rights” sections below for more details.
Please note that some of our services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, link or bind your accounts, or allow us to share personal information with them, that data is governed by their privacy statements.
7.What Choices Do You Have Regarding Our Use of Your Personal Information?
We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law. If you are a resident in the UK, EEA or Switzerland please see UK, EEA and Swiss Data Protection Rights section below.
Access, portability, correction, and deletion. In some jurisdictions, you have the right to access, receive a copy of, correct, and delete your personal information. If you reside in one of these jurisdictions, and you wish to access, receive a copy of, correct, or delete personal information about you that we hold, you may make your request by emailing privacy@spinxgames.com. We may need you to provide some personal information so that we may verify your request and locate your personal information to fulfill your request.
Please note that certain records, for example those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have previously allowed us to access your precise geolocation data or receive push notifications through your device, you can stop making precise geolocation available to us or receiving push notifications by visiting your mobile device's settings for the relevant Application or in some cases, through the Application itself.
Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, physical mail, and telephone. You may opt-out of promotional emails or SMS messages from us by following the opt-out instructions contained in the e-mail or SMS message, or by contacting us as described in the “Contact Us” section below. Please note that it may take some time for us to process opt-out requests. If you opt-out of receiving promotional emails, we may still send you e-mails about your account or any Services you have requested or received from us.
Targeted advertising. To opt out from or otherwise control targeted advertising, you have several options. You may use the Global Privacy Control setting in a web browser or browser extension as described below. Many of our partners may participate in associations that provide simple ways to opt out of cookies analytics and ad targeting, which you can access at:
- United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
- Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
- Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
Finally, you may use the other cookie or mobile ID controls described below.
These choices are specific to the device or browser you are using. If you access our services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
Data sales. Some privacy laws define “sale” broadly to include some the disclosures described in the “Our Disclosure of Personal Information” section above. To opt-out from such data “sales,” visit our Do Not Sell or Share My Personal Information section below, use the Global Privacy Control as described below, or email your request to privacy@spinxgames.com.
Browser or platform controls.
Cookie controls. Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features or services of our Sites. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal.
Do Not Track. Some browsers have incorporated "Do Not Track" (DNT) features that can send a signal to the websites you visit indicating you do not wish to be tracked. Because there is not a common understanding of how to interpret the DNT signal, our Sites do not currently respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the cookie controls and advertising controls described above.
Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking using advertising IDs and/or reset the advertising IDs.
Email web beacons. Most email clients have settings which allow you prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
Except for the automated controls described above, if you send us a request to exercise your rights or these choices, to the extent permitted by applicable law, we may decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. If you receive a response from us informing you that we have declined your request, in whole or in part, you may appeal that decision by submitting your appeal using the contact methods described at the bottom of this Privacy Policy.
8.UK, EEA and Swiss Data Protection Rights
If the processing of personal information about you is subject to UK or European Economic Area (EEA) or Swiss data protection law, you have certain rights with respect to that data:
- You can request access to, and rectification or erasure of, personal information;
- If any automated processing of personal information is based on your consent or a contract with you, you have a right to transfer or receive a copy of the personal information in a usable and portable format;
- If the processing of personal information is based on your consent, you can withdraw consent at any time for future processing using the contact details provided under the “Contact Us” heading below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal data conducted in reliance on lawful processing grounds other than consent;
- You can to object to, or obtain a restriction of, the processing of personal information under certain circumstances;
- You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you. To opt-out of other forms of marketing (such as postal marketing or telemarketing), please contact us using the contact details provided under the “Contact Us” heading. If you choose to opt out of marketing communications, we will still send you non-promotional emails, such as emails about your account or our ongoing business relations;
- You have the right to complain to a supervisory authority about our collection and use of your personal data. For more information, please contact your local supervisory authority. Contact details for supervisory authorities in Europe are available here and for the UK here Certain supervisory authorities require that you exhaust our own internal complaints process before looking into your complaint; and
- For residents of France, you can send us specific instructions regarding the use of your personal information after your death.
To make such requests or contact our Data Protection Officer, contact us at privacy@spinxgames.com.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
9.California Privacy Rights
If you are a California resident and the processing of personal information about you is subject to the California Consumer Privacy Act (“CCPA”), you have certain rights with respect to that information.
Notice at Collection. At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this Privacy Policy by clicking on the above links.
Right to Know. You have a right to request that we disclose to you the personal information we have collected about you. You also have a right to request additional information about our collection, use, disclosure, or sale of such personal information. Note that we have provided much of this information in this Privacy Policy. You may make such a “request to know” by contacting us at privacy@spinxgames.com or at 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Request Deletion. You also have a right to request that we delete personal information under certain circumstances, subject to a number of exceptions. To make a request to delete, you may email us at privacy@spinxgames.com or 2021 Fillmore St. #93, San Francisco, CA 94115.
Right to Opt-Out/Do Not Sell or Share My Personal Information. You have a right to opt out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA.
Note that the CCPA defines “sell” and “personal information” very broadly, and some of our data sharing described in this Privacy Policy may be considered a “sale” under those definitions. In the past 12 months, we have sold or shared all of the above categories of personal information. To opt-out from “sales” or “sharing” of personal information, please use the Global Privacy Control as described herein, or email your request to privacy@spinxgames.com. We do not knowingly sell the personal information of minors under 16 years of age.
Right to Limit Use and Disclosure of Sensitive Personal Information. You have a right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law. We collect process the contents of your communications on our Services for the purpose of facilitating those communications, to provide customer service and respond to user complaints regarding violations of our Terms of Service. If you have any questions regarding our use of such sensitive personal information, please contact us using the contact information provided at the bottom of this policy.
You may designate, in writing or through a power of attorney, an authorized agent to make requests on your behalf to exercise your rights under the CCPA. Before accepting such a request from an agent, we will require the agent to provide proof you have authorized it to act on your behalf, and we may need you to verify your identity directly with us.
Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you to send your request or confirm your request from the email address associated with your account or requiring you to provide information necessary to verify your account.
Finally, you have a right not to be discriminated against for exercising these rights set out in the CCPA.
During the previous calendar year, we received and responded to these types of California privacy rights requests as follows:
Number received | Number complied with in whole or in part | Number denied | Median number of days to respond | |
Requests to know | 0 | N/A | N/A | N/A |
Requests to delete | 0 | N/A | N/A | N/A |
Requests to opt-out | 0 | N/A | N/A | N/A |
Additionally, under California Civil Code section 1798.83, also known as the “Shine the Light” law, California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes (“California Customers”) may request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of personal information, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed. California Customers may request further information about our compliance with this law by e-mailing privacy@spinxgames.com. Please note that businesses are required to respond to one request per California Customer each year and may not be required to respond to requests made by means other than through the designated email address.
California residents under the age of 18 who are registered users of online sites, services, or applications have a right under California Business and Professions Code Section 22581 to remove, or request and obtain removal of, content or information they have publicly posted. To request that we remove content or information you have publicly posted, email us at privacy@spinxgames.com. Please be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
10.Retention of Personal Information
We retain personal information for as long as necessary to provide the services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and other legitimate and lawful business purposes. Because these needs vary for different information types in the context of different services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, the availability of automated controls that enable users to delete data, and our legal or contractual obligations.
Details of retention periods for different aspects of your personal information are available from us on request by contacting us using the contact details provided under the “Contact Us” heading below.
11.Location of Personal Information
The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. The storage locations are chosen to operate efficiently and improve performance. We take steps with the intent of processing and protecting as described in this Privacy Policy wherever the data are located.
Location of Processing European Personal Information. Where we transfer your personal information to countries and territories outside of the European Economic Area, Switzerland and the UK, which have been formally recognised as providing an adequate level of protection for personal information, we rely on the relevant “adequacy decisions” from the European Commission and “adequacy regulations" (data bridges) from the Secretary of State in the UK.
Where the transfer is not subject to an adequacy decision or regulations, we have taken appropriate safeguards to ensure that your personal information will remain protected in accordance with this Privacy Policy and applicable laws. The safeguards we use to transfer personal information are in the case of both our group companies and third party service providers and partners, the European Commission’s Standard Contractual Clauses as issued on 4 June 2021 under Article 46(2), including the UK Addendum for the transfer of data originating in the UK.
Our Standard Contractual Clauses entered into by our group companies and with our third party service providers and partners can be provided on request. Please note that some sensitive commercial information will be redacted from the Standard Contractual Clauses.
12.Security of Your Personal Information
We have implemented commercially reasonable precautions designed to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.
You should take steps to protect against unauthorized access to your password, mobile device and computer by, among other things, choosing a robust password that nobody else knows or can easily guess and keeping your password private. You should never share your password with anyone or use the same password with other sites or accounts.
13.Effective Date; Policy Changes
Each time you use our Services, the current version of the Privacy Policy will apply. Accordingly, when you use our Services, you should check the date of this Privacy Policy (which appears at the top of the Privacy Policy) and review any changes since the last version. This Privacy Policy is subject to change from time to time. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. If we make material changes to the Privacy Policy, we will provide notice or obtain consent regarding such changes as may be required by law.
14.Contact Us
To contact us with your questions or comments regarding this Privacy Policy or the information collection and dissemination practices of our Services, or to contact our Data Protection Officer, please email us at privacy@spinxgames.com.
If you prefer to communicate with us by post, you may contact us at our mailing address: 2021 Fillmore St. #93, San Francisco, CA 94115 and, where applicable, you may contact our appointed representatives in the EU or in the UK.
Country | Representative |
EEA | Lionheart Squared (Europe) Ltd (FAO SpinX) 2 Pembroke House Upper Pembroke Street 28-32 Dublin D02 EK84 Republic of Ireland |
United Kingdom | Lionheart Squared Limited (FAO SpinX) 17 Glasshouse Studios Fryern Court Road Fordingbridge Hampshire, SP6 1QX United Kingdom |
SpinX Associates Program -Terms & Conditions
Version 2.0
Effective November 11th 2022
DownloadTable of Contents
SpinX Associates Program - Terms & Conditions
DATE LAST MODIFIED on November 10, 2022. These SpinX Associates Program Terms and Conditions (“Agreement” or “Terms”) contain terms and conditions that apply to your participation as an Associate (as that term is defined herein) in the SpinX Associates Program (the “SpinX Games Associates Program,” SpinX Games Associate Program,” “SpinX Associates Program,” “SpinX Associate Program,” “SpinX Associates,” or “Program”), and the establishment of links from your website or social media accounts to certain Company property.
For purposes of this Agreement, “Company” shall mean SpinX Games Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games Ltd. and Beijing Bole Technology Co., Ltd. (collectively, also referred to herein as “we”, “our” or “us”), and “you” or “your” mean the Associate.
- 	Acceptance of Terms
THESE TERMS ARE A LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. BY SUBMITTING YOUR SPINX ASSOCIATES PROGRAM APPLICATION AND PARTICIPATING IN THE PROGRAM, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS, AND YOU AGREE TO BE BOUND BY, AND WILL CONTINUE TO COMPLY WITH, THESE TERMS THROUGHOUT THE FULL DURATION OF YOUR PARTICIPATION IN THE PROGRAM.
As a condition of your participation in the Program, you must comply with all laws, rules and regulations applicable to your participation in the Program.
MISUSE OF THE COMPANY BRAND, PARTICIPATING IN PROHIBITED ACTIVITY AND/OR FAILURE TO COMPLY WITH THESE TERMS CONTAINED IN THIS AGREEMENT MAY RESULT IN (1) A LOSS, REDUCTION AND/OR OFFSET OF REFERRAL FEES FROM SALES MADE THROUGH ANY ASSOCIATE OR SUB-ASSOCIATE THAT DOES NOT COMPLY WITH OUR PROGRAM TERMS OR (2) TERMINATION OF YOUR PARTICIPATION IN OUR PROGRAM.
IMPORTANT NOTE: These Terms contain a Dispute Resolution and Arbitration Provision, including a Class Action Waiver, that affects your rights under these Terms and with respect to any dispute you may have with the Company. You may opt out of the binding individual arbitration and class action waiver as provided below. Company reserves the right, in its sole discretion, to modify or change these Terms at any time. Your continued participation in the Program following the posting of such changes constitutes your acceptance of the revised Terms. Company may use reasonable commercial efforts to provide notice of material changes to you. If the modified Terms are not acceptable to you, your only recourse is to discontinue your participation in the Program. You agree that Company may change any part of the Program at any time or discontinue the Program or any part thereof, for any reason, without notice to you and without liability.
- Privacy
You acknowledge and agree that Company will collect from you and your device, use, and share certain personal information as described in our posted Privacy Policy. By participating in our Program, you agree that you have read and acknowledge such Privacy Policies.
- Enrollment
	To begin the enrollment process, you must submit a complete SpinX Associates Program application. We will evaluate your application and will notify you of your acceptance or rejection for participation in the Program. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason or involved in prohibited activities. If you are accepted into the Program, you will be able to participate in the Program subject to these Terms. Our acceptance criteria are subject to change at any time without prior notice.
- Program Cooperation
If you are accepted in the Program, you will be given exclusive links related to the Company’s games or mobile applications (“Games”). You may use the exclusive links on your social media platforms, including but not limited to YouTube, Facebook, Twitter, Instagram, Snapchat, Tik Tok and Twitch accounts, to promote the Company’s Games by live streaming introduction, video introduction, live interaction, posting comments, status release, verbal promotion or otherwise, and attaching exclusive links related to the Company’s Games thereto, so as to facilitate the general public to register as players of, participate in, and recharge for, the Games.
- Cooperation Requirements
You agree to promote the Company’s Games with high quality and in a manner compliant with laws and regulations, including maintaining the positive image of your social media platform accounts. You also agree to maintain the Company’s goodwill and image in its Games, products and services. Even if you are accepted to participate in the Program and your behavior or site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement any you may no longer participate in our Program. Behavior and/or a site may be found unsuitable if it falls under any of the following conditions (determined in our sole discretion), including but not limited to behavior or sites which
- Contain or promote materials that could be deemed obscene, pornographic or excessively violent,
- Promote violence or hate towards any persons or groups,
- Promote discrimination based on race, sex, age, religion, nationality, disability or sexual orientation,
- Promote illegal activities or crimes,
- Violate any federal, state or local law (including privacy and spam laws),
- Contain material that is defamatory, fraudulent, or harassing,
- Contain material that is inaccurate, misleading, deceptive, defamatory or negative regarding Company’s Games, products or services, including misleading or deceptive statements that players can win real money from Company’s Games or that Company’s Games involve real money gambling,
- Violate intellectual property rights of the Company,
- Reverse-engineer, reverse assemble, reverse compile, or otherwise try to find the source codes of the products or Games that we develop,
- Use, lease, lend, copy, modify, link to, reprint, compile, post, publish, or set up a mirror site for, the content in the Games we develop in and to which we have intellectual property rights,
- Develop through any third-party software, plug-in, cheating program, or system that is neither developed nor authorized by us, or make, release, and disseminate any third-party software, plug-in, cheating program, or system that is neither developed nor authorized by us,
- Violate intellectual property, publicity privacy or other rights of any third parties,
- Are unable to direct a reasonable amount of traffic by way of sales volume and clicks to Company’s Games,
- Excessively use pop-ups,
- Require downloads and/or knowingly download software to visitor’s computers,
- Link to or provide a portion of their commission or benefits to sites or other parties that violate any of the above criteria,
- Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept system data or personal information,
- Contain software or use technology that attempts to intercept, divert or redirect traffic to or from any other website, or that potentially enables diversion of commissions from another website;
- Do not comply with the Terms of Service for Company’s Games, products or services, or
- Are otherwise considered, in Company’s sole judgment, offensive or inappropriate.
- Referral Fees
You are only eligible to earn fees on sales or in-app purchases made within Company’s Games by new players who accessed Company’s Games through exclusive links provided by you (“Referral Fees”). If a player has access to or clicks links sent by several Associates, the Company will deem the link last clicked by such player before installation of Company’s Game as the exclusive link corresponding to the installation of such player.
You will earn Referral Fees based on the standard rate found in Company’s network portal at: http://associates.spinxgames.com/ and in accordance with the payment schedule provided therein. Referral Fees will be the fees in effect on the network portal at the time the player clicks on an exclusive link. The rate and payment schedule may be changed from time-to-time, at Company’s sole discretion. Please also refer to the FAQ's of the Program for more information.
Reports summarizing Referral Fees will be available to you through the Company’s network portal. The form, content and frequency of the reports are limited to those reports and capabilities available through the Company’s network and may vary from time to time in our reasonable discretion.
- Term and Termination
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement at any time. In addition, (1) if you materially breach or violate any terms or conditions of the Agreement, (2) referrals were obtained fraudulently or through misrepresentation, or (3) in the event that you violate any of the Cooperation Requirements set forth in Section 5 herein, Company may immediately terminate this Agreement without payment of any Referral Fees owed to you, and with an additional right to recover any direct or indirect losses arising from your actions. All rights to payment, causes of action and any provisions that by their terms are intended to survive termination and shall survive termination of this Agreement. Your right to participate in the Program shall terminate upon termination of this Agreement.
- Intellectual Property Ownership
The Program, all content thereon or therein, and all content relating to Company’s products, Games and services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Company and its licensors exclusively own all right, title and interest in and to the Program and Company’s Games, services and products, and all content thereon or therein, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Program or the Company’s products, Games and services associated therewith.
- Updates to the Program, Site and Service; Maintenance
You acknowledge and agree that Company may update the Program with or without notifying you. Company conducts maintenance work on its system from time to time. A portion, or sometimes all, of the features of the Program will not be available during maintenance periods. All problems encountered during the use of the Program, including those with regard to your Account, can be reported to Company when the problem is encountered.
- Dispute Resolution and Arbitration
If you live in the United States or another jurisdiction that allows you to agree to arbitration, you and Company agree that all Disputes, as defined below, between you and Company will be settled by binding arbitration, unless otherwise provided herein.
This agreement does not apply (1) if you are a resident of any jurisdiction which prohibits this arbitration agreement, (2) if you opt out of this arbitration agreement as described in section (e) below, or (3) to certain types of Disputes described in section (e) below. Please read this provision carefully.
- Purpose
This Dispute Resolution and Arbitration Provision (“Provision”) facilitates the prompt and efficient resolution of any disputes that may arise between you and Company.
Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys’ fees).
You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
For the purpose of these Terms, including this Provision specifically, “Company” means SpinX Games, Ltd., its partners, parent companies, subsidiaries, licensees, licensors and affiliates, including Grande Games, Ltd. and Beijing Bole Technology Co., Ltd. “Dispute” means any dispute, claim, or controversy between you and Company regarding any aspect of your relationship with Company, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced.
- Agreement to Arbitrate / Waiver of Right to Jury Trial
YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
You understand and agree that by entering into this agreement you and Company are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Company might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
- Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and Company specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Program can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
- Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give Company an opportunity to resolve the Dispute. You must commence this process by written notification to:
For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
For all other users: SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong.
That written notification must include (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
- Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or Company may choose to pursue a Dispute in court and not by arbitration if (i) the Dispute qualifies, it may be initiated in small claims court; or (ii) YOU PROVIDE THE COMPANY WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Arbitration Opt-Out Notice”). To opt-out of these arbitration procedures, you must provide written notification to:
For all United States users: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115.
For all other users: SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong.
Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Company through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Company. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth in clauses (i) and (ii) above.
Additionally, notwithstanding the above, Company reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.
- Arbitration Procedures – United States Users
If this Provision applies and the Dispute is not resolved as provided above (“Pre-Arbitration Claim Resolution”) either you or Company may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both you and the Company agree in writing, the arbitrator shall not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Provision, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because the Program and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – For Disputes between the Company and users who are residents of the United States, you or Company may initiate arbitration in either San Francisco, California or the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution. In the event that you select the federal judicial district that includes the address you provide in your written notification of Pre-Arbitration Claim Resolution, Company may transfer the arbitration to San Francisco, California in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator’s costs and expenses. You are responsible for all fees and costs that You incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
- Arbitration Procedures – Users Outside the United States
For Disputes between the Company and users who are not residents of the United States that are not resolved through the Pre-Arbitration Claim Resolution procedures set forth above, either you or Company may initiate arbitration by submitting the Dispute to the Hong Kong International Arbitration Centre (“HKIAC”) for arbitration. Such arbitration shall be conducted exclusively in Hong Kong, at HKIAC, in accordance with the UNCITRAL Arbitration Rules in effect at the time of applying for arbitration. The appointing authority shall be HKIAC. The language to be used in the arbitral preceding shall be English. In such arbitration before HKIAC, this Agreement shall be construed in accordance with and governed by the laws of Hong Kong, regardless of choice of laws or conflicts of laws.
The arbitral award is final and binding upon both parties and the award shall be rendered in the English language pursuant to the laws of Hong Kong. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation.
- Severability
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
- Continuation
This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Program.
- Disclaimer of Warranties
The Program and Company’s Games, services and products, and all content thereon or therein, are provided “as is”, without warranty of any kind, either express, implied or statutory. Without limiting the foregoing, Company our partners, and our and their respective affiliates, subsidiaries, officers, directors, employees, agents and licensors (collectively, the “Company Parties”) explicitly disclaim any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. The Company Parties make no warranty that the Program and Company’s Games, services and products will meet your requirements or be available, including on an uninterrupted, secure, or error-free basis. The Company Parties make no warranty regarding the quality of any products, services or content obtained through the service or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the Program and Company’s Games, services and products.
- Limitation of Liability
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Program and Company’s Games, services and products remains with you. Neither the Company Parties nor any other party involved in creating, producing, or delivering the Program and Company’s Games, services and products will be liable for any damages, including but not limited to, incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage or system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms or from the use of or inability to use the service, or from any communications, interactions or meetings with other users of the Company’s Games, products or services or other persons with whom you communicate or interact as a result of your use of the Company’s Games, products or services, whether based on breach of warranty, breach of contract, tort (including negligence), product liability or any other legal theory, and whether or not the company parties 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.
In no event will the Company Parties’ aggregate liability arising out of or in connection with these terms or from the use of or inability to use the Program, Company’s Games, products or services, any part thereof, or any content exceed five hundred dollars ($500). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Company and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- Indemnity
You agree to indemnify, save, and hold the Company Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use, misuse or participation in the Program, any violation by you of these Terms, or any breach of the representations, warranties, and covenants made by you herein. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate with Company’s defense of these claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this Indemnity section will survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Program and Company’s Games, services and products.
- Controlling Law and Jurisdiction
To the extent these Terms allow you or Company to initiate litigation in a court, other than for small claims court actions, you and Company agree to the exclusive jurisdiction of and venue in the state and federal courts located in San Francisco, California. You and Company each hereby waives any objection to jurisdiction and venue in such courts. Except as provided in the “Dispute Resolution and Arbitration Provision” (above), these Terms, your use of the Program and Company’s Games, services and products, and all claims or causes of action (whether in contract, tort, or statute), that may be based upon, arise out of, or relate to these Terms, shall be governed by and enforced in accordance with the laws of the State of California, including its statutes of limitation, without regard to its conflict of laws provisions. If you reside in a country in which this clause is prohibited by law, this section does not apply to you.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Company and you regarding the Program, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Company and you regarding the Program.
- Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be of no effect. Company may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Company (i) via e-mail or (ii) by posting to the Program. Notices sent by email will be effective when we send the email, and notices we provide by posting to the Program will be effective upon posting. For all United States users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to: SpinX Games Limited, 2021 Fillmore St. #93, San Francisco, CA 94115. For all other users, any notices or other communications permitted or required hereunder by you, shall be in writing and addressed to SpinX Games Limited, Level 8, Cambridge House, Taikoo Place, 979 King's Road, Island East, Quarry Bay, Hong Kong. Any notices that you provide without compliance with this section shall have no legal effect.
- Force Majeure
In delivering the Program, Company shall not be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, plague, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.
- Waiver; Severability
The failure of Company to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THE SECTION TITLES IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.