This Agreement is subject to binding arbitration and a waiver of class action rights as detailed in Section 10.
The following definitions apply to this Agreement:
- “Account” means your user account with us, which you sign up for at www.fortunecoins.com.;
- “Covered Information” means information which includes first and last name, address, e-mail address, phone number, and an identifier which allows a specific person to be contacted either physically or online;
- “Data Protection Officer” means [*]
- “Eligible Participant” means a person who is physically present in the Permitted Territory and is at least the age of majority in the jurisdiction in which the person is located;
- “Service” means any of the services available through our Website or mobile applications;
- “Website” means our website at https://www.fortunecoins.com ;
- “User” means a person who uses the Service.
- “Game(s)” means any social game that we offer through our Website.
- “Gold Coin” means the in-game currency used to play standard Games;
- “Fortune Coin” means the in-game currency as defined in the Rules Regarding Fortune Coins;
- “Participant” means any person who obtains Fortune Coins, participates in games using Fortune Coins, and/or redeems Fortune Coins;
- “Permitted Territory” means any territory in which the Services may be legally offered. We reserve the right to change the Permitted Territory list at any time in our sole discretion;
- “Rules Regarding Fortune Coins” means the rules regarding the collection, use, and redemption of Fortune Coins;
- To use the Services, you must:
- Be an Eligible Participants;
- Open an Account
- Not be one of Our employees, affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of our Games and their immediate family and household members.
- In order to play the Games offered through our Website, Users must first open an Account.
- Opening an Account requires that you choose a unique Account name and password, along with any other information requested through our registration form. All details provided during Account registration must be accurate and kept up to date.
- The name associated with your Account must match your legal name and identity. The name associated with your Account must also match the name on any credit card or form of payment used to deposit money into your Account.
- Users are only allowed to open one Account. Attempting to open multiple Accounts may lead to closure of all your Accounts.
- You are responsible for keeping your Account details, including your password and any payment information, safe and secure. If you think that any of your information tied to your Account has been compromised, please notify us immediately.
- You are not permitted to transfer Gold Coins or Fortune Coins across Accounts, nor are you permitted to accept Gold Coins or Fortune Coins from other Accounts.
- All actions taken using your Account are your responsibility. This includes any purchases made, whether authorized by you or not.
- If no activity has taken place through an Account for 60 days, we reserve the right to deactivate said Account.
- Any Prizes remaining on an Account deemed to be inactive will be transferred to the Customer through the method(s) provided during
- Account registration upon deactivation.
- If you have not completed all documentation required to redeem a prize, and if we are not able to contact you in a reasonable time using the contact method provided by you, you may forfeit the prize.
- Closing your Account is possible by contacting firstname.lastname@example.org and requesting your Account be closed.
- It is your responsibility to withdraw any Account balance remaining within seven days of requesting an Account closure. After seven days, your Account will be closed and any balance remaining in your Account will be forfeited.
- We take responsible social gaming seriously. For more information on an Account time-out or Self-exclusion, please see our Responsible
- Social Gaming Policy.
- We reserve the right to limit, suspend, close or refuse to open an Account for any reason deemed necessary. This includes, but is not limited to, any abuse of our staff or any false statements made about Us.
Playing Our Games
- It is your responsibility to make sure that you understand the rules of any Game offered on our Website before playing.
- Foreign exchange transaction fees incurred through the purchase of Gold Coins are your responsibility.
- The payment method that you choose to use to purchase any Gold Coins must be registered under the same first and last name used during registration of your Account.
- We reserve the right to declare your participation in any of our Games to be void in our sole discretion.
- All decisions made by us as to the administration and operation of our Games are final and binding.
- All prize redemptions are subject to this Agreement.
- Please read our Rules Regarding Fortune Coins where we explain the rules that must be met in order to become eligible to redeem Prizes.
- We reserve the right to ask you for verification documents upon registration and/or before processing financial transactions.
- Examples include:
- Proof of income
- Copy of photo identification, such as a Passport or Driver’s License
- Documents showing proof of residence, such as a utility statement
- Proof of ownership for any payment method used to deposit or withdraw funds
- Failure to send in requested documentation may result in the closure of your Account.
Responsible Social Gaming Policy
- We take responsible social gaming seriously and have put in place measures promoting responsible social gaming.
- Please see our Responsible Social Gaming Policy for more details on how we want to help you play our Games responsibly.
- If we partner with a third party whereby they carry out certain functions for Us, we may be required to share your personal information with them. Your use of our Website and consent to this Agreement, gives your consent for us to share the necessary information with third party partners.
- Through this Agreement, we are granting you a personal, limited, non-exclusive license to use our Website for your non-commercial use. To the fullest extent permitted by applicable law, this license granted to use our Website is non-transferable. The license may not be rented, leased, lent, sold, redistributed, or sublicensed in any way.
- The license rights granted to you herein are also subject to the limitations set forth below. Any use of the Product in violation of these limitations is a serious violation of this Agreements and subjects you to immediate termination of your license. You agree that you will not, under any circumstances:
- Exploit or reverse engineer any Games or the Website, for any commercial purpose
- Use any unauthorized third-party software that intercepts or collects information from or through our Website
- Violate any applicable law or regulation in connection with your use of our Website
- Disrupt or assist in the disruption of: (i) any computer, device or server used to support our Website; or (ii) any other User’s use of our Website
- Interfere or attempt to interfere with the operation of the Website in any way through any means or device including, but not limited to, launching a denial of service attack, spamming, hacking, or uploading computer viruses; or
- Reproduce, distribute, display, transfer or use any part of the Website except as expressly authorized by Us;
Binding Arbitration and Class Action Waiver
READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Any concerns should be addressed to our Customer Support department at https://support.fortunecoins.com/.
- If a resolution cannot be reached by the parties through Customer Support within 30 days from the initiation of the complaint, either party may pursue binding arbitration as the sole means to formally resolve claims, subject to the terms set forth below.
- All claims arising out of or relating to this Agreement, the parties’ relationship with each other and/or your use of the Website shall be settled through binding arbitration.
- This arbitration provision will be governed by the Arbitration Act, 1991 (Ontario) in the interpretation, applicability, enforceability and formation of this Agreement notwithstanding any other choice of law provision contained in this Agreement. You shall be responsible for the costs of the arbitration.
- Disputes referred to arbitration shall be resolved by a single arbitrator. The arbitrator shall be agreed to by both parties.
- The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English.
- The arbitrator shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration.
- The arbitrator shall grant any relief that would be available in a court under law or in equity.
- Any award granted by the arbitrator is binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver
- Any arbitration shall be conducted in the individual capacities of the parties only. No class action or other representative action will be undertaken.
- The parties expressly waive their right to file any class action or seek relief on a class basis.
Opt-out of Arbitration
- You may opt-out of the provisions contained in the arbitration and class action waiver provisions described above by sending written notice of your decision to opt-out to the following address: email@example.com.
- Please include your first name, last name and a brief statement indicating that you decline to be bound by the arbitration provisions found in this Agreement.
- Your decision to opt-out must be received within 30 days of accepting this Agreement.
Jurisdiction and Applicable Law
- This Agreement and any claims arising out of this Agreement will be governed and construed under the laws of Ontario. You consent to the exclusive jurisdiction of Ontario and waive any right to challenge jurisdiction or venue in such courts with regard to any suit, action, or proceeding under or in connection with this Agreement.
- We expect that all of Our Users respect our intellectual property rights.
- All of the materials used by Us in delivering our Website to you including, but not limited to, the software, images, graphics, photographs, animations, videos, music, audio and text are owned by Us.
- Your use of our Website does not grant you any rights in Our copyright materials.
- You do not have permission to use any of Our copyright materials without Our express written permission.
- Our Website may enable or require access to other third party materials, services or websites (“Third Party Materials”).
- By using our Website, you agree to any Terms & Conditions and Privacy Policies set out by Third Parties.
- You agree to indemnify, defend and hold harmless Us and Our affiliates, and Our respective officers, directors, owners, agents, employees, contractors, information providers and licensors (“Indemnified Party’’ or collectively “Indemnified Parties”) from and against any claims,
- liability, losses, costs and expenses incurred by an Indemnified Party in connection with:
- Any breach by you of this Agreement;
- Your use of our Website;
- Any payments made to your account;
- Any decision made by you to opt-out, Self-Exclude, or otherwise pause or close your Account;
- Any withdrawals made from your Account; and
- Any prize redemption.
Limitation of Liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE WEBSITE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; (B) THE LOSS OR DAMAGE TO ACCOUNTS, STATISTICS, INVENTORIES, VIRTUAL GOODS, OR USER PROFILE INFORMATION; OR (C) INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, FAILURES OF ANY THIRD PARTY BILLING SOLUTIONS OR OTHER SERVICES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, REMOTE, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- IN NO CASE SHALL OUR’S LIABILITY EXCEED THE AMOUNT THAT YOU PAID TO US DURING THE SIX (6) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.
WE SHALL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE OUR WEBSITE BY METHODS, MEANS OR WAYS NOT INTENDED BY US. WE ARE NOT REQUIRED TO PROVIDE REDUNDANT OR BACK-UP NETWORKS AND/OR SYSTEMS.
NOTHING IN THESE AGREEMENTS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF EITHER FRAUD, DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE
IF ANY PART OF THIS AGREEMENT IS DEEMED UNLAWFUL, VOID OR FOR ANY REASON UNENFORCEABLE, THEN THAT PART SHALL BE DEEMED SEVERABLE FROM THE REST OF THE AGREEMENTS AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.
- We may amend, alter, delete, or add to these Terms & Conditions at any time without notice to you.
- Any changes made to this Agreement shall take effect immediately upon their publishing to the Website.
- You agree to review this Agreement regularly to stay current with changes that have been made.
- Unless otherwise indicated, this Agreement supersedes all prior oral or written agreements, arrangements or understandings between us. You acknowledge that you are not relying on any representation, agreement, term or condition that is not set out in this Agreement.
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations set out in this Agreement that is caused by events outside of our reasonable control.
- Nothing in this Agreement shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
Explanation of Terms and Conditions
- We believe this Agreement to be fair. Should you need any advice regarding any part of our Service, please contact us directly at support.fortunecoins.com.