Terms of Service

TERMS OF SERVICE – DECK OF DICE GAMING, INC.

Last Updated: August 18, 2021

Acceptance of Terms

These Terms of Service (sometimes referred to herein as this “Agreement” or as these “Terms of Service” or simply as these “Terms”) are a binding legal agreement between you (sometimes referred to herein as “you” or “yourself”) and Deck of Dice Gaming, Inc. (“Deck of Dice” or “us” or “we”) and govern your access and/or use of our games, applications, software and websites, including any of our other products and services that directly reference and/or link to these Terms of Service (collectively, the “Service”). Please read and review these Terms of Service, and our separate Privacy Policy, carefully and completely before accessing or using any part of the Service. By accessing or otherwise using any part of the Service, you acknowledge and agree that you have read, understand and agree, and shall be deemed to have provided your consent, to be bound by all of the terms and conditions set forth in these Terms of Service and/or in any additional materials incorporated herein by reference (e.g., our Privacy Policy, legal notices, etc.), including, without limitation, disclaimers of warranties, limitations of liability, waivers of rights, any applicable minimum age requirements, and resolution of disputes by binding arbitration (if applicable). If you do not agree to the terms and conditions contained herein, then you are not authorized to access or use, and you must therefore not access or use, the Service.

Deck of Dice hereby reserves the right to amend or otherwise modify these Terms of Service at any time and from time to time, at our sole discretion and without prior notice. It is your responsibility to review these Terms of Service on a regular basis so that you are aware of any changes and so that you become familiar with any and all such amendments or other modifications. Accordingly, you agree to regularly check these Terms for any changes to Deck of Dice’s then-applicable Terms of Service that govern your use of the Service. Upon the posting of any amended or otherwise modified terms or conditions on or by means of the Service, such amended and/or modified terms or conditions shall thereupon become effective immediately. Your election to access and use the Service and/or any of the Deck of Dice Content (as defined below) following the effective date of any amendment or other modification of these Terms of Service shall be deemed to indicate and confirm that you expressly agree and consent to any amendments and/or other modifications of these Terms of Service. If you do not agree to be bound by these Terms of Service, your only remedy is to immediately stop accessing and/or using the Service and to terminate the account(s) that you have created with the Service (each an “Account” and, collectively, the “Accounts”).

If you violate our Terms of Service, or any other applicable policies, guidelines, codes of conduct, standards, rules and/or programs, as adopted by Deck of Dice, at its sole discretion, your authorization to use the Service shall automatically terminate. Furthermore, we may take action against you in connection with any such violation, at our sole discretion, including, without limitation, terminating any and all Accounts created in your name, or suspending or terminating your access to the Service, with or without prior notice to you.

Deck of Dice reserves the right to modify, discontinue or terminate the Service (or any part thereof) at any time, including, without limitation, by limiting or terminating certain features or functionalities that are offered as part of the Service and/or any of the then-current Deck of Dice Content, temporarily or permanently, without prior notice to you (unless advance notice is required in the country in which you reside under any law, statute, treaty, directive, rule or regulation applicable to Deck of Dice’s provision of the Services to you). Deck of Dice shall have no obligation or liability whatsoever to you or to any third party due to any modification to or discontinuance of the Service (or any part thereof) or any suspension or termination of your access to and/or use of the Service, including, without limitation, any form of refund or other form of compensation as a result of any discontinuation of the Service (or any part thereof).

Please be advised that the Service and the Deck of Dice Content are intended for individuals who are at least 18 years of age (or older) and have been specifically designed and are intended for personal entertainment purposes only. If you are under the age of 13, you are not authorized or otherwise permitted to access and use the Service and/or any of the Deck of Dice Content. Deck of Dice does not desire or intend to collect any personally identifiable information from any child who is under 13 years of age. If you are over the age of 13, but are under 18 years of age, or if you lack the power and authority to enter into and be legally bound by this Agreement (e.g., if you are below the age of majority or otherwise considered a minor in the particular country in which you reside), then your parent or legal guardian must review and agree (on your behalf) with all of the terms and conditions contained in these Terms, and you hereby represent and warrant that your parent or legal guardian has provided his or her consent for you to access and use the Service and the Deck of Dice Content in accordance with the terms and conditions of these Terms and as set forth in Deck of Dice’s separate Privacy Policy. If you are at least 18 years of age (or have reached the age of majority in the particular country in which you reside), you represent and warrant that you have read, understand and agree to be bound by and to fully comply with all of the terms and conditions set forth in these Terms and any and all other applicable policies, guidelines, codes of conduct, standards, rules and/or programs that may be adopted by Deck of Dice, at its sole discretion, including, without limitation, our Privacy Policy. If you are under 18 years of age (or otherwise lack the legal power and authority to enter into and to be legally bound by the terms and conditions set forth in these Terms) and your parent or legal guardian does not provide his or her required consent for you to access and use the Service, then you are not granted any License Rights pursuant to these Terms and, accordingly, you are not authorized to access or use the Service and you must immediately cease and desist any further efforts to access and/or use the Service.

Account Information

You may have to register and create an Account authorized by Deck of Dice before you are able to access and use the Service. You may be obliged to register and create an Account directly with Deck of Dice, and/or create an Account by means of an applicable social networking service (in the event that you choose to access and use the Service by means of any such social networking service). You must provide true, accurate, current, and complete information about yourself, and you must update such information immediately if any changes occur subsequent to such registration and/or the formation of any Account. The required information may vary depending on the activity and may include, by way of example, your age, birth date, name, e-mail address, passwords, payment information, etc. This information is stored and used solely in accordance with our Privacy Policy. During the registration process of creating an Account, you may be required to select a username, password, security question(s) and answer(s), or to provide other information that will be used to identify you when you log-in to the Service (collectively, “Log-In Information”).

Please be advised that you must not share or otherwise disseminate any information relating to your Account or Log-In Information, or allow any other person or entity to access or use your Account, or otherwise make yourself vulnerable to potential misuse of your Account. Deck of Dice will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions.

You should notify Deck of Dice immediately if you become aware of any unauthorized use or other security breach regarding any Account or use of the Service. This may include, but is not limited to, any fraud, loss, theft or unauthorized disclosure of your Log-In Information. Should any unauthorized use of your Account or Log-In Information occur, you should immediately modify your Log-In Information in order to better ensure that your Account is protected.

You must log-out from your Account when you have finished any session of accessing and/or otherwise using the Service.

Maintaining the confidentiality of your Log-In Information is solely your responsibility, and you will be solely responsible and will be potentially liable for any and all activities that occur, result, or that are otherwise performed or undertaken, in connection with your Account, along with any and all uses of your Log-In Information. This includes, but is not limited to, any and all purchases and/or any other transactions or activities that are undertaken by means of any Account that you elect to create, whether or not authorized by you.

Deck of Dice reserves the right to suspend or terminate any and all of your Accounts if any Account is used in connection with any activity that violates any of the terms or conditions of these Terms of Service. Deck of Dice shall have no obligation or liability of any kind or nature for any claims, losses, liabilities, damages, costs or expenses that you may incur, or that arise as a result of any action that may be taken in connection with any Account, or as a result of someone using your Log-In Information or otherwise using any Account (whether with or without your knowledge or consent).

You must not allow anyone under the age of 13 (or anyone considered a minor in the jurisdiction in which you are accessing or using the Service) to access or use your Account or the Service. You acknowledge and agree that any and all unauthorized access or use of the Service and/or any of the content materials that are offered as part of the Service that is undertaken by any individual who is under the age of 18 (or is considered to be a minor in the jurisdiction in which the Service is accessed and/or used by any such individual) is and will be entirely your responsibility, and you further agree that any use of any credit card information or any other form of payment process (e.g., PayPal, etc.) by any individual who uses your Account and/or Log-In Information is and shall be solely and exclusively your responsibility in its entirety.

You acknowledge and agree that you do not own any Account that you elect to create in conjunction with the Service, including, without limitation, within or in connection with any of the Deck of Dice Content, and any and all rights in and/or pertaining to any and all Accounts that you choose to create (e.g., user names, etc.) are and shall be solely and exclusively owned by Deck of Dice and its affiliates (as applicable). Deck of Dice reserves the right, at its sole discretion, to suspend, revoke, cancel, reclaim, remove, and/or terminate any username, Account, user profile information, virtual items (or any kind or nature), and/or any other form of User Content (as defined below), at any time and from time to time, for any reason or for no reason, including, without limitation, any claim that a particular username misappropriates or infringes upon the rights of any third party. In order to avoid retaining any personal information or data for any period longer than it is needed, Deck of Dice also reserves the right, at its sole discretion, to terminate any Account which has not been used or that is otherwise inactive for a period of 180 days or longer.

You acknowledge and agree that certain user profile information (e.g., your user ID number, user name, profile picture, etc.) will be publicly available and that third-party search engines may subsequently collect and catalog such information. We strongly encourage you to withhold and not disclose any information that you do not want to be made public or that you would not feel comfortable sharing with the world.

License Rights

Subject to your full and ongoing compliance with all of the terms and conditions referenced in these Terms of Service, Deck of Dice grants you, in accordance with the terms and subject to the conditions set forth in these Terms, a revocable, personal, non-exclusive, non-transferable, non-sublicensable, terminable, limited license to access and use the Service solely for your own, personal enjoyment, and non-commercial use and entertainment (collectively, the “License Rights”).

You acknowledge and agree that you will not use the Service for any purpose that is inconsistent or that would foreseeably be in conflict with any of the terms or conditions of these Terms of Service. Your personal License Rights to access and use the Service are expressly limited by these Terms of Service, and if you violate the letter or spirit of these Terms of Service, abuse the Service (or any other individual’s authorized access to and/or use of the Service), or create any risk or possible legal exposure for Deck of Dice or any of its affiliates, or if, at any point, you do not agree to fully comply with any of the terms and/or conditions referenced in these Terms of Service, your License Rights shall terminate immediately, and you must thereupon stop using the Service and remove any software or other materials of or concerning the Service, including, without limitation, any and all Deck of Dice Content from all personal computers, hard drives, smartphones, tablets and other computing devices and/or storage media, and destroy all copies of any software or other materials of or concerning the Service that remain in your custody, possession or otherwise under your control.

Deck of Dice operates the Service from its offices in Cuyahoga County, Ohio. Accordingly, we make no representations or guarantees that the Service and/or any of the Deck of Dice Content is appropriate or available for use in other locations or jurisdictions. Access or use of the Service from any territory where the Service and/or any of the Deck of Dice Content is illegal is absolutely prohibited and unauthorized. By choosing to access and/or use the Service, you acknowledge and agree that (i) you do so of your own volition and at your own risk and expense; (ii) you shall not access or otherwise use the Service in the event that you are not permitted or otherwise forbidden to access and/or use products or services sourced from the United States of America; and (iii) you are and shall be solely responsible for compliance with any and all applicable local, state, federal and international laws, statutes, treaties, directives, rules and regulations.

It is entirely and solely your responsibility to provide, otherwise obtain, and/or pay any fees associated with, any and all equipment (e.g., computers, telephones, tablets, etc.), and any other hardware, software, technology, third-party service providers (e.g., in order to access the Internet, the applicable application store(s), for data or cellular usage, etc.) that may be necessary in order for you to obtain access to and/or use of the Service, including, without limitation, any of the Deck of Dice Content.

Suspension and Termination of Accounts and Use of the Service

Deck of Dice may, in its sole discretion, refuse, limit, suspend, revoke, terminate, modify or delete any and all Accounts and/or your access to the Service (or any part thereof) if you fail to comply with, or Deck of Dice reasonably believes that you are in breach of, any of the terms or conditions of these Terms of Service or of any of the other applicable policies, guidelines, codes of conduct, standards, rules or programs adopted by Deck of Dice, or if you create risk or possible legal liabilities for Deck of Dice or any of its affiliates or any third party, or if you infringe upon the rights of Deck of Dice or any of its affiliates or any third party (including intellectual property rights or other proprietary rights), or if you violate any applicable law, statute, treaty, ordinance, rule or regulation, or for any other improper or illegal use of the Service, all as determined by Deck of Dice, in its sole discretion and with or without prior notice to you. The suspension or termination of your Accounts may result in you losing your License Rights, including, without limitation, your username and/or persona, as well as the loss of any earned, unearned or purchased benefits, privileges and/or virtual items (e.g., virtual currencies, digital items, etc.) associated with your Account and/or your use of the Service. The suspension or termination of your Accounts may also result in disabling your access to the Service, including, but not limited to, any User Content (as defined below) submitted by you or by others.

You acknowledge and agree that no damages shall arise in connection with Deck of Dice’s suspension or termination of the Service or any Account owned or otherwise controlled by you, and you further agree that cancelling or terminating your Accounts is your sole and exclusive remedy for any dispute that may arise between you and Deck of Dice. Deck of Dice shall have no responsibility, liability or obligation to compensate you or any third party for any loss or damages (if any) resulting from any such occurrence, and no refund will be granted or credited to you (including conversions to cash or any other form of reimbursement), and you will have no further access to your Accounts or any content linked to such Accounts that is suspended or terminated. If you have more than one (1) Account, Deck of Dice may suspend and/or terminate some or all of your Accounts, as well as any or all content and/or other aspects of the Service. You understand and agree that Deck of Dice does not need to give you any type of advance notice before electing to terminate and/or suspend any of your Accounts or your access to the Service, or temporarily or permanently banning any of your computing devices from some or all of the Service, or deleting, removing, revoking, or otherwise modifying any content-related materials (e.g., Virtual Money or Virtual Goods, as defined below, etc.) linked to any of your Accounts, although Deck of Dice may elect to provide such notice, in its sole discretion. Any individual end user whose Account has (or Accounts have) been terminated, shall no longer be authorized to access and/or otherwise use the Service and/or any of the Deck of Dice Content in any manner or for any reason unless Deck of Dice’s express written consent shall first have been obtained. To request Deck of Dice’s consent for you to once again participate in the Service after any such termination occurs, please contact us at [email protected]. Deck of Dice hereby expressly reserves the right to refuse to keep or maintain any Account (or Accounts) and/or otherwise provide the Service and/or any or all of the Deck of Dice Content to or for the benefit of anyone. You are prohibited from knowingly allowing any former user whose Account has (or Accounts have) been terminated to use any Account that you have elected to create in order to access and use the Service. If you believe that we have acted mistakenly with respect to any Account that you have chosen to create, you may contact us at: www.shakeitupdice.com. In such case, we may investigate the matter further; provided, however, we expressly retain the right, at our sole discretion, as to whether or not to restore any Account and/or your access to the Service and the Deck of Dice Content. Under no circumstances may we be held liable for removing, disabling, or restricting access to or the availability of your Accounts, the Service and/or any of the Deck of Dice Content. The provisions of this section are intended to implement these Terms of Service and are not intended to impose a contractual obligation on Deck of Dice to undertake, or refrain from undertaking, any course of conduct.

For the avoidance of doubt, you acknowledge and agree that any suspension or termination of any or all of your Accounts does not, and shall in no way be deemed to, terminate any of your obligations or liabilities with respect to the period prior to the suspension or termination of each affected Account and/or that are intended to survive subsequent to any such suspension or termination.

Payments

Deck of Dice provides you and other interested consumer end users with the Service which provides access to the Company’s proprietary casino-style games and other Deck of Dice Content, including, without limitation, Virtual Money and Virtual Goods (as such terms are referenced below). In connection with the Service, you may use “real world” money or monetary equivalent (e.g., a credit card, debit card, etc.) to obtain a limited personal license to use any such Deck of Dice Content in accordance with the terms and subject to the conditions set forth in these Terms of Services or in any related policies, guidelines, codes of conduct, standards, rules or programs that may be adopted by Deck of Dice, at its sole discretion.

If you choose to make a purchase on a website that is owned and operated by Deck of Dice, the relevant payment webpage will advise you of the price for the item at the time of your order and the acceptable payment methods that can be used to place your order. After your order has been accepted and purchase completed, Deck of Dice may send confirmation (via email) regarding details of the completed transaction. You should review the referenced details of the purchase transaction to help ensure that such information is correct, and you should keep such transaction confirmation for your records.

With respect to any Virtual Money, Virtual Goods, or other Deck of Dice Content that you elect to purchase by means of a website owned and operated by Deck of Dice, you acknowledge and agree that (i) your limited license to access and use any particular Deck of Dice Content is expressly conditioned upon Deck of Dice’s written acceptance of such order or Deck of Dice’s acceptance of your corresponding payment (by means of any authorized payment method), whichever occurs first; and (ii) to the maximum extent permissible under applicable law, once Deck of Dice provides you with the particular Deck of Dice Content corresponding to your purchase order and payment transaction, you shall not be entitled to cancel such purchase order under any consumer protection law, statute, directive, rule or regulation that may otherwise by deemed to apply in the country in which you reside.

If you choose to purchase any Deck of Dice Content on or by using any third-party platform (e.g., Facebook, Apple’s App Store, the Google Play store, etc.), Deck of Dice is not a direct party to your transaction on such third-party platform, and your purchase transaction will be subject to and governed by the particular transactional terms and conditions adopted by the owner or operator of the relevant third-party platform.

All Sales Are Final and All Purchases Are Non-Refundable

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, (i) DECK OF DICE IS NOT REQUIRED TO REFUND THE PURCHASE PRICE THAT YOU PAY FOR ANY DECK OF DICE CONTENT FOR ANY REASON (WHETHER SUCH PURCHASE TRANSACTION IS VIA A WEBSITE OWNED AND OPERATED BY DECK OF DICE OR BY MEANS OF ANY THIRD-PARTY PLATFORM); AND (ii) YOU ARE AND SHALL BE SOLELY RESPONSIBLE FOR PAYMENT OF ALL APPLICABLE FEES AND TAXES REGARDING ANY TRANSACTIONS BY YOU OR ANYONE ELSE WHO USES ANY ACCOUNT REGISTERED IN YOUR NAME. WHEN THE ACCOUNTS REGISTERED IN YOUR NAME ARE TERMINATED AT ANY TIME, OR FOR ANY REASON, YOU WILL NOT RECEIVE ANY MONETARY AMOUNT OR ANY OTHER COMPENSATION FOR ANY VIRTUAL MONEY, VIRTUAL GOODS, OR ANY OTHER DECK OF DICE CONTENT, THAT YOU PURCHASED (OR WITH RESPECT TO WHICH YOU OTHERWISE ACQUIRED ANY LICENSE RIGHTS) PRIOR TO THE EFFECTIVE DATE OF TERMINATION (WHETHER TERMINATION WAS VOLUNTARY OR OTHERWISE).

User Content

The Service may include elements, features, functionalities, and/or other content that allows individual users to communicate and to create, comment, post, upload, share, transfer, distribute, and otherwise disseminate various forms of content that can be accessed and perceived in connection with the Service, including data, text, graphics, pictures, photographs, videos, and other content, information and materials sourced from you (collectively, “User Content”). If you elect to upload and/or otherwise distribute any User Content by means of the Service, you hereby represent and warrant that: (a) you own all rights, title and interests (or have otherwise obtained all necessary permissions and/or consents required) in and with respect to such User Content, including, without limitation, such rights as are necessary to publish such User Content by means of the Service; (b) such User Content is and shall be accurate, true and correct; (c) such User Content is not confidential in nature; (d) your authoring, posting, uploading, sharing and/or other distribution of any such User Content is and shall be in compliance with all applicable laws, statutes, ordinances, treaties, directives, rules and regulations, contractual obligations and restrictions, fiduciary duties, or other third-party rights; (e) such User Content shall not infringe or violate any copyright, patent, trademark or other intellectual property right of any third party or third parties (including, without limitation, any moral rights, privacy rights, rights of publicity, etc.); (f) all such User Content is free of any viruses, adware, spyware, worms, bots, malware or other malicious code; and (g) Deck of Dice shall be freely entitled to exercise the rights granted in this Section by you in and to the User Content without any form of payment or other obligation or liability to you or any other person or entity (including, without limitation, any royalties, other fees, etc.). As between the parties (i.e., you and Deck of Dice), you shall retain all of your ownership rights that relate to your User Content; provided, however, you hereby irrevocably grant to Deck of Dice and its affiliates a non-exclusive, fully paid-up, royalty-free, worldwide, license (with full sublicensing rights) to reproduce, prepare derivative works, display and perform (publicly and otherwise), modify, adapt, translate, archive, store, create derivative works from, advertise, market, promote, distribute, and otherwise use and exploit, in any form, format or medium of any kind (whether now known or later developed) in connection with the Service (including, without limitation, in any related advertising, marketing and promotional materials), any and all User Content that you elect to upload, post, share, distribute, and/or otherwise make publicly available by means of the Service, and you hereby waive and expressly agree never to assert against Deck of Dice or any of its affiliates any so-called “moral rights” that you may have or may ever be deemed to have in and relating to any or all of your User Content (e.g., any right to be identified as author, any right to object to subsequent use, etc.). You acknowledge and agree that you are willingly and voluntarily choosing to make your User Content available by means of the Service using the technologies and tools provided by Deck of Dice, and that other users of the Service may see, read, comment upon, and/or otherwise use your User Content. For the avoidance of doubt, both you and Deck of Dice acknowledge and agree that Deck of Dice’s license rights with respect to your User Content will terminate as a result of you requesting termination of your Accounts; provided, however, Deck of Dice’s license rights shall continue and remain in effect thereafter with respect to: (i) any User Content that is the subject of a separate agreement with Deck of Dice; (ii) any User Content that was publicly available or that you shared with other users of the Service; (iii) any publicly available User Content used in connection with marketing, advertising, or promoting the Service; and (iv) any and all User Content submitted in connection with a particular promotion, sweepstakes, contest, or other marketing program (which shall be subject to the terms and conditions of the relevant marketing initiative).

All User Content is and shall be the sole responsibility of the individual user from whom any such User Content originates or was otherwise made available. Under no circumstances shall Deck of Dice be responsible, directly or indirectly, for any User Content, nor shall Deck of Dice be responsible for enforcing any rights or interests that you may have with respect to your User Content against any user(s) of the Service or any other person or entity. If you have a dispute with any other user of the Service, you are responsible for contacting the other user directly; please do not contact Deck of Dice regarding any dispute that may arise between you and any other user of the Service. Deck of Dice has no obligation and is not required to regulate User Content and, therefore, we do not guarantee the quality, accuracy, integrity or security of any User Content that is accessible by means of the Service, and we do not endorse or sponsor any User Content in any manner. When you access and use the Service, you acknowledge that such access and/or use of the Service is undertaken at your own risk and expense, and that you may encounter, experience, view, or otherwise be exposed to offensive or objectionable material (or to any material that you may consider offensive or objectionable). Accordingly, you agree that Deck of Dice is not and will not be held liable under any legal theory for any User Content and/or any events or circumstance regarding any User Content.

Although Deck of Dice does not have any obligation or liability to review, monitor, screen, edit, disable, mask, block, deny access, remove, delete, or otherwise modify any User Content, Deck of Dice expressly reserves the right, in its sole discretion, to exercise any or all of the foregoing rights in connection with any User Content at any time and from time to time, for any reason or for no specified reason, with or without prior notice, and without any obligation or liability whatsoever to you or to any other person or entity. Deck of Dice reserves the right to delete any User Content that Deck of Dice, at its sole, discretion, deems to be objectionable, or that does not comply with these Terms of Service or any other policies, guidelines, codes of conduct, standards, rules or programs that may be adopted by Deck of Dice, at its sole discretion. For the avoidance of doubt, Deck of Dice is and shall be entitled to disclose your identity in connection with any claim that any of your User Content violates, misappropriates or otherwise infringes upon any third party’s intellectual property rights or other proprietary rights (e.g., right of privacy, right of publicity, etc.) or in connection with any matter for which Deck of Dice is legally required to provide any such disclosure.

Deck of Dice may, in its sole discretion, include various forums, blogs, communities, social media platforms, chat areas, and/or other such forms or methods of communications within the Service that allow you to create, comment, post, upload, share, transfer, distribute, and otherwise disseminate User Content. Please be advised that Deck of Dice does not and cannot control how others (including any other users of the Service) will use the User Content and/or other information that you choose to share. Consequently, please be careful whenever you choose to make any particular User Content and/or related information public, and, please, only choose to make information public that you would feel comfortable sharing with the world and do not want to keep confidential. Deck of Dice is under no obligation and shall have no responsibility or liability in connection with any use of any of your User Content by any other person or entity (e.g., in any forum, blog, chat room, etc.), nor any obligation to review, evaluate, use, and/or compensate you for any idea, suggestion, recommendation, feedback or information that you choose to make available by means of the Service and/or that you submit to Deck of Dice or any of its affiliates.

You acknowledge and agree that if you elect to provide any suggestion, recommendation, evaluation, analysis, feedback, insight, and/or other form of comment to Deck of Dice regarding Deck of Dice, the Service, Deck of Dice Content, any related content materials, and/or any product or service offered by Deck of Dice or any of its affiliates (collectively, “Feedback”), then any and all such Feedback shall be the sole and exclusive property of Deck of Dice for all intents and purposes, and you hereby irrevocably assign and agree to assign to Deck of Dice all of your rights, title and interests in and to any and all Feedback, including, without limitation, any and all intellectual property rights and other proprietary rights therein and with respect thereto. Without limiting the generality of the preceding sentence, you irrevocably agree that Deck of Dice and its affiliates, licensees, successors and assigns shall have the irrevocable and perpetual right to reproduce, modify, prepare derivative works, display and perform (publicly and otherwise), advertise, market, promote, distribute, commercialize, and otherwise freely use and exploit any and all Feedback (and any and all portions and derivatives thereof) in any manner (whether now known or hereafter devised) at its/their sole discretion, including, but not limited to, the development of any product(s) and/or service(s), all without any monetary compensation or any other form of obligation or liability to you or to any other person or entity.

At Deck of Dice’s request, you agree to cooperate with Deck of Dice and provide reasonable assistance, at Deck of Dice’s expense, in connection with its efforts to obtain any desired intellectual property rights and/or other statutory protections in or relating to the Feedback (or any portions or derivatives thereof), including, without limitation, through the execution of such documents and/or other actions as are reasonably requested by Deck of Dice.

You acknowledge and agree that, in the event and to the extent that any assignment of all of your rights, title and interests should be ineffective with respect to any Feedback (or any aspect, element, portion, or derivative thereof), you hereby waive any and all rights and interests with respect to any such Feedback, including, without limitation, any rights for any compensation or other remuneration of any kind or nature, and any rights for any claimed acknowledgment of authorship, creative credit or other attribution right regarding any such Feedback.

If you ever request deletion of your User Content, please be assured that Deck of Dice will take appropriate, commercially reasonable steps, to remove your User Content from active use as part of the then-available Service (in accordance with the terms and subject to the conditions of Deck of Dice’s Privacy Policy), which would foreseeably entail the deletion of your User Content from certain of the Service’s hardware and software systems (while some User Content may continue to exist in Deck of Dice’s information and data archival/back-up processes and related hardware and software systems). Deck of Dice expressly reserves the right to retain copies of your User Content if, in the opinion of Deck of Dice, such retainer is required or would facilitate or permit Deck of Dice to substantiate compliance with any applicable law or related legal requirements.

Virtual Money and Virtual Goods

You may be allowed to use an authorized credit card to purchase, using real money, a non-exclusive, revocable, non-transferable, non-sublicensable, limited license that will allow you to use of the following types of digital items solely within the Service (i.e., only for authorized in-Service purposes and for no other purpose) for your personal and non-commercial use and enjoyment: (a) “Virtual Money” (including, but not limited to, in-game cash, coins, tokens, or other forms of virtual/digital currencies); and (b) “Virtual Goods,” including, but not limited to, virtual in-game items or services that are designed and intended to be used within the Service. You acknowledge and agree that, regardless of the terminology used, while you may “earn,” “buy,” or “purchase” Virtual Money and Virtual Goods within the Service, you do not “own” or have any rights, title or interests in or relating to any Virtual Goods or Virtual Money, all of which digital items are and shall remain the sole and exclusive property of Deck of Dice and its affiliates (as applicable). You will only be granted a personal, limited license to use the particular Virtual Money or Virtual Goods for which you choose to pay the then-current license fee required in order to use such Virtual Money or Virtual Goods in connection with the Service. The license fees required to obtain any Virtual Money or Virtual Goods do not refer to any real world monetary value or reflect any intrinsic, stored or inherent value, and, furthermore, the Virtual Money and Virtual Goods do not constitute actual currency or real property of any type. Instead, the designated attributes of any Virtual Money or Virtual Goods serve simply to indicate the characteristics of any such digital/virtual items and intended scope of your limited license rights regarding such items. Except as expressly authorized in the Service, you are not allowed, or otherwise entitled, to sell, lease, rent, sublicense, exchange, share, gift, rewards, redeem, or otherwise transfer any Virtual Money or Virtual Goods to any person or entity (whether inside the Service, or outside the Service in the “real world”), including, without limitation, any other user or subscriber to the Service. Any attempted or purported transfer of any Virtual Money or Virtual Goods shall be void and constitute a breach of this Agreement, and shall entitle Deck of Dice to terminate your Accounts, effective immediately.

You acknowledge and agree that all purchases and redemptions of Virtual Money and/or Virtual Goods (i.e., your use of any such digital items within the Service) are final and non-refundable, and that Deck of Dice is not required to revoke or cancel any purchase, redemption, or other transaction, or to provide you with a refund for any reason, and that you will not receive any real money or other compensation for any unused Virtual Money or Virtual Goods when an Account is terminated, irrespective of whether such termination is voluntary or involuntary, or whether you made a payment through Deck of Dice or any other authorized platform, website or service provider through which we offer the Service and/or that can be used to undertake the purchase of license rights corresponding to any Virtual Money or Virtual Goods (e.g., Apple, Facebook, Google, PayPal, etc.). When a user desires to purchase a license from Deck of Dice for any Virtual Goods or Virtual Money, your order of any such Virtual Goods or Virtual Money shall constitute an offer to Deck of Dice to obtain a limited license for the applicable Virtual Money and/or Virtual Goods, and such offer shall be deemed to have been accepted by Deck of Dice when the Virtual Money or Virtual Goods is provided to you in connection with your Account, or Deck of Dice initiates the processing of the relevant charges in connection with your Account, whichever occurs first. All Virtual Money and/or Virtual Goods are sold AS-IS without any warranties of any kind or nature (whether express, implied, statutory or otherwise). You acknowledge and agree that you will only obtain Virtual Money and/or Virtual Goods solely from Deck of Dice, and not from any third party. As noted above, the occurrence of any particular offer of Virtual Goods or Virtual Money is not intended, and shall not constitute, a promise or guarantee by Deck of Dice or any of its affiliates that any particular Virtual Goods or Virtual Money will be maintained and/or will continue to be made available in the future for use within the Service. The scope, variety and types of Virtual Goods and Virtual Money that you may be able to obtain from Deck of Dice and/or its affiliates may change at any time and from time to time, at Deck of Dice’s sole discretion. Deck of Dice expressly reserves the right to add to, delete from, adapt, change, manage, regulate, control, and/or otherwise modify the contents, features and/or functionalities, and may change the pricing and/or availability, of any and all Virtual Money and/or Virtual Goods, at its sole discretion and without prior notice, and neither Deck of Dice nor any of its affiliates shall have any obligation or liability to you or any third party as a consequence of the exercise of any such reserved rights.

The required license rights corresponding to any particular Virtual Money or Virtual Goods may only be purchased through the Service and/or by such other means as shall be authorized by Deck of Dice, at its sole discretion. You agree to pay Deck of Dice or its affiliates (as applicable) the then-current license fees and related transaction costs (including any applicable taxes) incurred by you or anyone using an Account registered to you in connection with the purchase of the required license regarding any particular Virtual Money and/or Virtual Goods, and you authorize Deck of Dice and its affiliates (as applicable) to charge any and all applicable fees and transaction costs using a valid charge card, or other method of payment that Deck of Dice or its affiliates (as applicable) may accept, and in accordance with any and all then-current terms and conditions regarding any such billing and payment transactions.

Virtual Money or Virtual Goods that are purchased from any authorized third-party platform, website or service provider (e.g., Apple, Facebook, Google, PayPal, etc.) are subject to the applicable payment terms and conditions adopted by any such third parties. Deck of Dice has no control over any such third-party policies and is not responsible for any such third-party requirements regarding how you pay and/or how refunds may potentially be issued by any such platforms, websites or service providers. Therefore, please carefully read and periodically review the applicable terms of service, privacy policies, and payment terms and conditions that have been adopted by any such third-party service providers.

Usage Policies

You represent and warrant that you have full right and authority to enter into a binding agreement with Deck of Dice regarding your access and use of the Service, and you acknowledge and agree that you are and shall be bound by all of the terms and conditions contained in these Terms of Service.

In the event Deck of Dice deems, in its sole discretion, that you have acted in bad faith or otherwise failed to comply with these Terms of Service or any of the policies, guidelines, code of conduct, standards, rules and/or programs adopted by Deck of Dice at any time or from time to time, Deck of Dice shall have the right, at its sole discretion, to terminate your Account and prohibit you from using the Service.

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Service, you agree that your use of the Service shall be lawful and that you will comply with all applicable laws, statutes, treaties, directives, ordinances, rules and regulations, and with the usage policies set forth in these Terms of Service, as well as with any additional restrictions or rules (such as application-specific rules) that are expressly set forth as part of the Service. When you access and/or use the Service, you agree that you will not do or undertake (or attempt to do or undertake), directly or indirectly, any of the following types of activities:

violate any law, statute, treaty, ordinance, rule or regulation;
create an Account with Deck of Dice or any of its affiliates, or otherwise access and use the Service if you are under the age of 13, or allow anyone under the age of 13 to create an Account or otherwise access or use the Service;
hack, crack, decipher, disrupt or otherwise interfere with the Service or any servers or networks that are used by Deck of Dice or any of its affiliates or business partners in connection with the provision of the Service;
use software or any computer program that may damage, interfere with, or disrupt the operation, functioning, integrity or security of the Service or of any user’s computer, such as denial of service attacks, spamming, hacking, or uploading or otherwise disseminating any file that contains any virus, worm, Trojan horse, cancelbot, spyware, corrupted file, time bomb, or any other so-called malware software or computer program;
disrupt or interfere with another user’s access and/or use of the Service, including, without limitation, any disruption or overburdening any aspect of the normal functioning, performance, integrity or security of the Service, any interference that increases costs of providing the Service, or disrupting the flow of any chat or other communication forum, using abusive or vulgar language, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use any excessive shouting (e.g., writing in all capital letters) in an attempt to disturb other users, “spamming” or flooding (e.g., posting any repetitive text);
harass, threaten, embarrass, spam, defame, libel, ridicule, mock, bully, stalk, intimidate or abuse anyone, or do anything to another user that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about gender, race, sexual orientation, religion, ethnicity, nationality, heritage, etc.;
post or upload any software or content that you do not own or have permission to freely distribute;
post, upload, transmit or otherwise disseminate User Content, or organize, implement or participate in any activity, group or guild, that is inappropriate, illegal, abusive, harassing, profane, threatening, hateful, offensive, indecent, vulgar, obscene, sexually explicit, defamatory, infringing, invades another’s privacy, that encourages conduct that would violate any applicable law, statute, treaty, ordinance, rule or regulation, or is otherwise objectionable in the opinion of Deck of Dice or any of its affiliates, at its/their sole discretion, including, without limitation, any offensive user name, screen name, persona, or abusive or threatening comments (e.g., any so-called hate speech);
post or otherwise disseminate any unsolicited advertising, marketing or promotional materials (e.g., any commercial advertisement, chain letter, pyramid scheme, junk e-mail, repetitive messages (spim or spam), or other form of solicitation of or concerning any commercial activity);
impersonate any person (including any celebrity personality), business or entity, communicate in any manner that makes it appear that the communication originates from Deck of Dice or any of its affiliates, or attempt to mislead any other user or users by indicating that you are an employee, agent or representative of Deck of Dice or any of our affiliates or business partners; “role-playing” is not an excuse for violating any of the terms or conditions of these Terms of Service;
create a false persona or multiple identities, or create an account on behalf of someone other than yourself, or use any bot or other automated software program to defraud Deck of Dice or any of its affiliates, business partners and/or other user(s) of the Service, or otherwise violate these Terms of Service and/or any of the other policies, guidelines, codes of conduct, standards, rules or programs adopted by Deck of Dice, at its sole discretion, at any time or from time to time;
improperly use any of the support methods that are offered within the Service and/or create a false report;
attempt to obtain, or phish for, any password, account information (including any Log-In Information) or other personal/private information (e.g., any financial information or other personally identifiable information) of any other person or entity;
use any bot, spider, data-mining tool, or other code module, device or process to access the Service and/or any of the Deck of Dice Content for any purpose (e.g., to copy any of the materials and/or related information that are offered as part of the Service, etc.);
use or distribute any unauthorized software programs or tools, such as “auto” software programs, “macro” software programs, other “cheat utility” software programs, exploits, cheats, and/or any other game hacking, altering or cheating software program, tool or utility;
modify any file or any other part of the Service, including, without limitation, any of the Deck of Dice Content, unless Deck of Dice first authorizes you in writing to create any such modification;
use, abuse, exploit, share, inform, disseminate, distribute or otherwise communicate to any other user or users of the Service regarding any bug, exploits, hack, crack, cheat, undocumented feature, error, miscue or other problem with respect to the Service or any of the content materials that are offered as part of the Service;
use, share, disseminate or distribute any counterfeit or otherwise unauthorized software or content relating to the Service, including, but not limited to, virtual currency or virtual/digital items;
use the Service on, through or otherwise by means of any third-party platform, website or service provider that is not owned, controlled or otherwise authorized by Deck of Dice;
sell, buy, trade, rent, lease, license, sublicense, share, gift, bequeath or otherwise transfer your Account, any personal access or use of the Service, or any content associated with your Account (including any Virtual Money and/or Virtual Goods), either within the Service or by means of any third-party service, or access or use any account which has been sold, bought, traded, rented, leased, licensed, sublicensed, shared, gifted, bequeathed, or otherwise transferred from the original creator of the account without Deck of Dice’s prior written consent;
engage in any activity that attempts to defraud Deck of Dice or any other third party, including, without limitation, any such activity in connection with any transaction, payment, billing, advertiser tracking, etc.;
alter, obscure, mask, conceal, remove, delete or otherwise modify any copyright notice, trademark notice, patent notice, or other legal notice or proprietary rights statement that is contained or otherwise displayed or performed within the Service;
post, upload, disclose, distribute, share, or otherwise disseminate any form of private or personal information of or concerning any individual;
use the Service in any country in which Deck of Dice or any of its affiliates (as applicable) is prohibited from offering the Service and/or any of the Deck of Dice Content under applicable laws, statutes, treaties, directives, ordinances, rules or regulations; and
promote, encourage, incite or otherwise take part, directly or indirectly, in any of the prohibited activities described above.

The preceding usage policies are not meant to be exhaustive, and Deck of Dice reserves the right to determine
the various types of conduct that will be considered to be a violation of any of the company’s then-current policies or to constitute improper use of the Service, and, in response to any such activity, Deck of Dice shall be entitled to take such action as Deck of Dice deems appropriate, at its sole discretion, including, without limitation, suspending or terminating your Account and excluding you from further access to and/or use of the Service and any and all of the Deck of Dice Content.

Privacy Policy

Deck of Dice’s Privacy Policy is part of these Terms of Service and is incorporated herein in its entirety by this reference. Please take a moment to review it here: www.shakeitupdice.com

Ownership

Unless otherwise expressly set forth in any particular materials of or concerning the Service and/or any of the Deck of Dice Content, all materials that are offered or otherwise made accessible by Deck of Dice or any of its affiliates (as applicable) as part of the Service, including, but not limited to, text, graphics, images, illustrations, information, designs, icons, photographs, pictures, videos, video clips, music, sound effects, software, applications, and other materials that comprise and/or are displayed, contained or otherwise provided as part of the Service, as well as the selection, appearance, display, performance and arrangement of any and all such materials (individually and collectively, “Deck of Dice Content”), are protected by copyright, trademark, trade dress, patent and other intellectual property laws and/or laws protecting other such proprietary rights under U.S. laws and international treaties and conventions, and any reproduction or unauthorized use of the Service and/or any of the Deck of Dice Content would violate Deck of Dice’s intellectual property rights and other proprietary rights, as well as be a violation of these Terms of Service. Deck of Dice and its licensors (as applicable) own all rights, title and interests in and relating to the Service and the Deck of Dice Content. You covenant and agree that you will not solicit, encourage, incite or assist any other person or entity, directly or indirectly, to copy, reproduce, modify, adapt, decompile, disassemble, reverse engineer, prepare derivative works, display or perform (publicly or otherwise), rent, lease, license, sub-license, sell, transfer, transmit, broadcast, publish or otherwise distribute, in any form or by any means, in whole or in part, or use the Service (or any part thereof) or any of the Deck of Dice Content other than for your personal, non-commercial enjoyment and solely in accordance with the terms and conditions of these Terms of Service and other policies, guidelines, codes of conduct, standards, rules and programs adopted by Deck of Dice, at its sole discretion, at any time or from time to time, or otherwise use the Service and/or any of the Deck of Dice Content without Deck of Dice’s prior written consent. For the avoidance of doubt, the foregoing restrictions do not apply to User Content that you fully own and share or otherwise make accessible through the Service in accordance with these Terms of Service. Any and all other uses of any copyrighted, patented or trademarked content, including, without limitation, the creation of any derivative work based on or otherwise derived from the Service and/or any of the Deck of Dice Content, shall specifically require Deck of Dice’s prior written consent. Any reproduction and/or redistribution of the Service and/or any of the Deck of Dice Content (or any part or derivative of any of the foregoing) that is not undertaken in compliance with all of the terms and conditions contained in these Terms of Service is prohibited and may result in the suspension or termination of your Account and your access to and use of the Service and the Deck of Dice Content, and may result in you being held liable for civil and/or criminal penalties as well.

Except as otherwise expressly set forth herein, Deck of Dice does not grant to you any express or implied rights to access and use the Service and/or any of the Deck of Dice Content. You hereby acknowledge and agree that you do not acquire any ownership rights or interests as a result of your access to and use of the Service and/or any of the Deck of Dice Content, nor any right to develop (or have developed) any derivative work based on any of the foregoing.

Third-Party Content

All of the various content materials, software programs and services that are offered or otherwise made accessible by means of the Service and that are not owned or otherwise controlled by Deck of Dice (including, without limitation, any third-party advertising or promotional materials) are hereinafter collectively referred to as “Third-Party Content.” You acknowledge and agree that neither Deck of Dice nor any of its affiliates have any responsibility, obligation or liability in connection with any Third-Party Content. Any fees, charges and/or applicable obligations that are incurred or otherwise imposed on you in connection with your dealings with any such third parties are solely your responsibility. Without limiting the generality of the foregoing, certain aspects of the Service and/or the Deck of Dice Content may include links to third-party websites and/or services that are owned or operated by persons or entities that are not affiliated with Deck of Dice, such as third-party advertisers and other content providers. We make no representation or promises about any Third- Party Content, even if any such content materials are linked to or otherwise accessible on, from within and/or by means of the Service. Also, just because we allow a link to be included within the Service, does not mean that Deck of Dice sponsors or endorses any such linked site. You acknowledge and agree that Deck of Dice does not have any obligations and shall not be liable for any claim relating to any Third-Party Content. Please note that any and all linked sites are not under our control and that such third-party sites may collect data or ask you to provide such sites with your personal or other information, or may automatically collect information from you and/or from any computing device that you use when you click on a link and are directed to any such third-party website. When you access and use any such Third-Party Content, the relevant third-party service provider may (or may not) request your consent to access, collect, retain, share and/or otherwise use your personal information and/or related data. Deck of Dice does not control any such third-party sites, and is not responsible for any of the content, business practices or policies (including, without limitation, any applicable privacy policies) of any such third-party service providers, or for how such third parties collect, retain, disclose, share or otherwise use any information that any such sites may collect from or concerning you or any computing device that you use. For the avoidance of doubt, you acknowledge and agree that the terms of this section shall apply to your use of any third-party service, social networking service, or other platform which might be authorized to allow you access and use of the Service. You further acknowledge and agree that any such use by you of any such third-party service or platform is and shall be at your sole risk and expense, may subject you to additional or different terms of use and other related policies (e.g., privacy policies, etc.), and that Deck of Dice has no responsibility for, and has no obligation or liability to you or to any third party regarding, your use of the Service (or inability to use the Service) on, through or by means of any third-party service or platform.

Disclaimer of Warranties; Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THE DECK OF DICE CONTENT ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES WHATSOEVER, AND ARE BEING OFFERED TO YOU AND SHALL BE USED BY YOU AT YOUR SOLE RISK AND EXPENSE. NEITHER DECK OF DICE NOR ANY OF ITS AFFILIATES MAKES OR GRANTS ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SERVICE AND/OR ANY OF THE DECK OF DICE CONTENT, AND DECK OF DICE HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SERVICE AND THE DECK OF DICE CONTENT (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR USE FOR ANY PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. ADDITIONALLY, NEITHER DECK OF DICE NOR ANY OF ITS AFFILIATES REPRESENTS OR WARRANTS THAT THE SERVICE, THE DECK OF DICE CONTENT, AND/OR ANY TRANSMISSION TO OR FROM YOU BY MEANS OF THE SERVICE AND/OR ANY OF THE DECK OF DICE CONTENT, WILL BE MAINTAINED AND WILL CONTINUE TO BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, ERROR-FREE, OR WILL OPERATE WITHOUT PACKET LOSS OR OTHER DISRUPTION.

IN NO EVENT SHALL DECK OF DICE OR ANY OF ITS AFFILIATES OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSSES OR DAMAGES IN CONNECTION WITH OR CONSISTING OF ANY CLAIMED LOSS OF REVENUES, LOST PROFITS, DAMAGE TO PROPERTY, LOST OR CORRUPTED DATA OR FILES, LOSS OF GOODWILL, LOSS OF USE OF ANY COMPUTER OR COMPUTING DEVICE (WHETHER MOBILE OR NON-MOBILE), ERRORS, LOST BUSINESS OR BUSINESS INTERRUPTION, PERSONAL INJURIES, AND/OR OTHER LOSSES OR DAMAGES OF ANY KIND OR NATURE, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE, THE SERVICE, THE DECK OF DICE CONTENT, AND/OR THE CONDUCT OF ANY THIRD PARTIES (INCLUDING ANY OTHER USERS OF THE SERVICE AND/OR OPERATORS OF ANY THIRD-PARTY SITES), WHETHER BASED IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DECK OF DICE HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, DECK OF DICE SHALL NOT BE LIABLE TO YOU IN CONNECTION WITH ANY CLAIMED LOSSES OR DAMAGES FOR ANY MONETARY AMOUNT THAT EXCEEDS THE TOTAL MONETARY AMOUNT THAT YOU ACTUALLY PAID TO DECK OF DICE OR ANY OF ITS AFFILIATES (IF APPLICABLE) IN ACCORDANCE WITH THESE TERMS OF SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU DID NOT ACTUALLY PAY ANY MONETARY AMOUNT TO DECK OF DICE OR ANY OF ITS AFFILIATES (IF APPLICABLE) DURING SUCH TIME PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE SHALL BE TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. SIMILARLY, IN THE EVENT THAT YOU BECOME DISSATISFIED WITH THE SERVICE AND/OR ANY OF THE DECK OF DICE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING APPLIES EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or countries do not allow the exclusion of certain warranties or the limitations or exclusions of liability referenced above, and in such jurisdictions the stated limitations and/or exclusions may not apply to you.

Indemnification

YOU AGREE THAT YOU SHALL INDEMNIFY AND HOLD DECK OF DICE AND ITS AFFILIATES AND LICENSORS, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “DECK OF DICE INDEMNITEES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES OF ANY KIND OR NATURE (INCLUDING, WITHOUT LIMITATION, REIMBURSEMENT OF DECK OF DICE’S REASONABLE FEES FOR ATTORNEYS, EXPERT WITNESSES AND COURT COSTS) RESULING FROM OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS AND/OR USE, MISUSE AND/OR INABILITY TO USE THE SERVICE, THE DECK OF DICE CONTENT AND/OR RELATED CONTENT MATERIALS, USER CONTENT, AND/OR ANY BREACH OR DEFAULT BY YOU OF ANY OF THE TERMS OR CONDITIONS OF THESE TERMS OF SERVICE OR OF ANY OF DECK OF DICE’S OTHER POLICIES, GUIDELINES, CODES OF CONDUCT, STANDARDS, RULES, PROGRAMS OR RELATED AGREEMENTS ADOPTED BY DECK OF DICE, AT ITS SOLE DISCRETION, AT ANY TIME OR FROM TIME TO TIME. YOU ACKNOWLEDGE AND AGREE THAT THE EXPRESSION, “ANY BREACH OR DEFAULT BY YOU,” AS REFERENCED IN THIS AGREEMENT SHALL SPECIFICALLY INCLUDE ANY PERSON OR ENTITY THAT ACCESSES THE SERVICE, ANY OF THE DECK OF DICE CONTENT, AND/OR ANY RELATED CONTENT MATERIALS USING YOUR PASSWORD, ACCOUNT, AND/OR LOG-IN INFORMATION.

IF YOU ARE PROHIBITED BY APPLICABLE LAW FROM BEING ABLE TO AGREE TO AND/OR OTHERWISE PROVIDE THE INDEMNIFICATION OBLIGATION SET FORTH ABOVE, THEN YOU HEREBY IRREVOCABLY ASSUME, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL LIABILITIES FOR ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING REASONABLE FEES FOR ATTORNEYS, EXPERT WITNESSES AND COURT COSTS) THAT ARE THE STATED SUBJECT MATTER OF THE INDEMNIFICATION COVENANT AND OBLIGATION SET FORTH ABOVE.

Dispute Resolution, Binding Arbitration and Class Action Waiver

This section shall apply to the maximum extent permitted by applicable law. If the laws of the jurisdiction in which you reside prohibit the applicability of any of the provisions of this Section, such provisions (or parts thereof) shall not apply to you.

Most concerns raised by users of the Service can usually be resolved by contacting our support team at [email protected]. If Deck of Dice is unable to resolve any of your concerns and a dispute occurs between you and Deck of Dice, this Section explains how the parties have agreed to resolve such matters.

You and Deck of Dice, respectively, each agree to make reasonable, good faith efforts to endeavor to informally resolve any dispute before initiating arbitration. A party that intends to seek arbitration must first send the other party a written notice that describes the nature and basis of the claim or dispute and that describes in reasonable detail the relief sought. If you and Deck of Dice do not reach an amicable agreement to resolve any claim or dispute within thirty (30) days after the date of which such written notice is received by either party, you or Deck of Dice (as applicable) may commence an arbitration proceeding. Written notice to Deck of Dice must be sent via postal mail to: Deck of Dice Gaming, Inc., PO BOX 360006, Strongsville, OH 44136 Attn: Arbitration Notice.

YOU AND DECK OF DICE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS THAT MAY ARISE BETWEEN US, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, IN INDIVIDUAL BINDING ARBITRATION, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) YOUR ACCESS AND USE OF THE SERVICE AND/OR ANY OF THE DECK OF DICE CONTENT; AND/OR (iii) ANY ACCOUNT THAT YOU ELECT TO ESTABLISH WITH DECK OF DICE OR ANY OF ITS AFFILIATES (AS APPLICABLE).

Notwithstanding the foregoing, the provisions of this Section shall not apply to the following types of claims or disputes, which you or Deck of Dice may initiate in any authorized court of competent jurisdiction: (i) any claims of alleged infringement or other misuse of any intellectual property rights or other proprietary rights, including any such claims seeking injunctive relief; and (ii) any claims relating to or arising from any alleged unauthorized use, piracy, misappropriation or theft.

An arbitration proceeding takes place before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and typically limits the scope and duration of the discovery process that each party is entitled to pursue. Arbitration also follows different rules than court proceedings and is subject to limited review by courts that have jurisdiction over such proceedings. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND DECK OF DICE ARE GIVING UP THE RIGHT TO SUE ONE ANOTHER IN A COURT PROCEEDING AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.

The U.S. Federal Arbitration Act applies to this Section. Any arbitration proceeding will be governed by the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement, both of which are available at http://www.adr.org. The arbitrator shall be bound by the terms and conditions of this Agreement.

The AAA will administer the arbitration proceeding, which may be conducted through the submission of documents, by telephone, or in person in the county where you live or at another mutually agreed location. YOU AND DECK OF DICE, RESPECTIVELY, EACH AGREE NOT TO BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR COLLECTIVE ARBITRATION, EVEN IF AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW SUCH ACTION. THE ARBITRATOR, AT ITS SOLE DISCRETION, MAY OR MAY NOT AWARD RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF, BUT ONLY TO THE EXTENT OF SUCH PARTY’S INDIVIDUAL CLAIM. YOU AND DECK OF DICE FURTHER AGREE NOT TO SEEK TO COMBINE ANY ARBITRATION PROCEEDING WITH ANY OTHER LEGAL ACTION OR ARBITRATION WITHOUT THE CONSENT OF ALL PARTIES TO THIS AGREEMENT AND ALL RELEVANT PARTIES TO ANY OTHER SUCH ACTIONS OR ARBITRATIONS.

If an arbitrator or court of competent jurisdiction ever holds that (i) the class action waiver set forth above is invalid, illegal or otherwise unenforceable; or (ii) that an arbitration involving the parties and the subject matter of this Agreement may be pursued as a class action or otherwise proceed on a class basis or as a representative action, the parties acknowledge and agree that all of the arbitration provisions set forth in this Section shall be deemed null and void and of no further force or effect.

Notwithstanding the provisions of this Section, you have the right to initiate litigation regarding any dispute in a small claims court of competent jurisdiction, provided that all the requirements of any such small claims court are fully satisfied, including, but not limited to, any limitations on jurisdiction and the amount at issue in any such dispute.

Trademark and Copyright Information; Legal Notices

DECK OF DICE and the DECK OF DICE logo, SHAKE IT UP DICE!, and the SHAKE IT UP! DICE logo, and SHAKE IT UP! POKER PARTY and the SHAKE IT UP! POKER PARTY logo, and SHAKE IT UP! Dice POKER and the SHAKE IT UP! DICE Poker logo are trademarks of Deck of Dice Gaming, Inc. in the U.S. and other countries. All rights reserved.

Deck of Dice is a provider of an interactive computing service as set forth in the Communications Decency Act, 47 U.S.C. §230, and expressly reserves its rights not to be regarded or deemed to be the author or publisher of any information provided by another information content provider in connection with the Service.

Digital Millennium Copyright Act

If you are a copyright owner (or an agent of a relevant copyright owner) and believe that any of the Deck of Dice Content that is accessible as part of the Service infringes upon any copyrights that you (or the principal) own or otherwise control, you may submit a notification pursuant to the U.S. Digital Millennium Copyright Act (the “DMCA”) by providing Deck of Dice’s designated agent (the “Copyright Agent”) with the following information in writing (See, 17 U.S.C. 512(c)(3) for further detail):

a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive copyright that has allegedly been infringed;
identification of the copyright 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 such site;
identification of the material that has allegedly been infringed or claimed 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 Deck of Dice to locate and identify such material;
information reasonably sufficient to permit Deck of Dice to contact you (e.g., an address, telephone number, and/or e-mail address);
a statement that you have a good faith belief that use of the material in the manner complained of has not been authorized by the copyright owner or its agent, and/or is not authorized by the law; and
a statement that the information in the notification is accurate, and, under penalty of perjury, that you are the owner (or have been expressly authorized to act on behalf of the owner) of an exclusive copyright that has allegedly been infringed.

U.S. Export Restrictions

You acknowledge and agree that portions of the Service (e.g., the design, structure, underlying source code, etc.) and related documentation materials are confidential and comprise or contain trade secrets of Deck of Dice and/or its third-party licensors (as applicable). You further agree that you will comply with all applicable export laws and regulations, including, without limitation, the U.S. Department of Commerce’s Export Administration Regulations, to ensure that neither the Service nor any technical data related thereto, nor any derivative product or service based on or otherwise derived from any of the foregoing, are used for any prohibited purpose or are exported, re-exported, released, transferred or retransferred, directly or indirectly, in violation of any such laws or regulations. You hereby represent and warrant that you are not included on any published list of prohibited or restricted individuals and/or companies (such as, by way of example, the United States’ Specially Designated Nationals And Blocked Persons List).

The Service, the Deck of Dice Content, and all related content materials, together with any and all related documentation, are “Commercial Items,” as that term is defined in the Federal Acquisition Regulation (48 C.F.R. §2.101), consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, any and all such Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items, and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions set forth in this Agreement.

The provisions of this Section are expressly in lieu of and hereby supersede in their entirety any other provisions or requirements that directly relate to any U.S. Government end user licensees’ rights in and relating to the licensing and/or acquisition of any “computer software” and/or “software documentation” materials.

General

Please be advised that the Service and the Deck of Dice Content are being provided by Deck of Dice solely for entertainment purposes and only for your personal use and enjoyment. The Service and the Deck of Dice Content is not intended to be used, and must not be used, in connection with any form of real money betting, wagering or gambling.

You acknowledge and agree that the laws of the United State of America and of the State of Ohio (excluding that body of law relating to choice of laws) shall govern the interpretation and enforcement of these Terms of Service and any claim or dispute of any sort that may arise between you and Deck of Dice. In the event you reside in the United States of America, any claim or dispute between you and Deck of Dice that is not subject to the arbitration provisions set forth in these Terms and that arises, in whole or in part, from these Terms of Service or your use of (or inability to use) the Service and/or any of the Deck of Dice Content must be submitted and shall be solely and exclusively resolved by any court of competent jurisdiction located in Cuyahoga County, Ohio (unless you and Deck of Dice mutually agree in writing to submit such matter to another court of competent jurisdiction), and you hereby consent to, and waive the defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Cuyahoga County, Ohio.

You acknowledge that the rights expressly granted to you by Deck of Dice pursuant to these Terms of Service and all of your representations, warranties, covenants and obligations to or for the benefit of Deck of Dice and its affiliates pursuant to these Terms of Service are of a unique and irreplaceable nature, and agree that a breach or default of any of the terms or conditions hereof would foreseeably result in immediate and irreparable harm and damages to Deck of Dice for which its remedies at law are inadequate. Accordingly, you hereby irrevocably agree that Deck of Dice is and shall be entitled, in addition to any other remedies available to it hereunder or otherwise at law or in equity, to the immediate ex parte issuance of injunctive or other equitable relief (without the obligation to prove actual damages or to post any bond or other form of surety) in the event of any breach or default (or threat of breach or default) by you of any of the terms or conditions of this Agreement, and you irrevocably waive any and all rights that you may have (or may ever be deemed to have) to seek any injunctive or other equitable relief with respect to Deck of Dice’s acts or omissions relating in any manner to the Service, the Deck of Dice Content and/or any of the other subject matters of these Terms of Service.

These Terms of Service, together with our Privacy Policy and other policies, guidelines, codes of conduct, standards, rules and programs adopted by Deck of Dice, at its sole discretion, at any time or from time to time, constitute the entire understanding and agreement between you and Deck of Dice with respect to your access and use of the Service, the Deck of Dice Content, and any and all of the other subject matters set forth herein.

The failure of Deck of Dice to exercise or enforce any of the terms or conditions of these Terms of Service shall not constitute a waiver of any provision (or part thereof), and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Additionally, no waiver of any provision of these Terms of Service shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.

If any provision of these Terms of Service (or any part hereof) shall be deemed to be unlawful, void, invalid or otherwise unenforceable by any court of competent jurisdiction, such provision shall be enforced to the fullest extent permissible consistent with the stated intentions of the parties, and, if incapable of being so enforced, shall be deemed deleted from these Terms of Service, while the remaining provisions of these Terms of Service shall continue to be in full force and effect.

Neither the course of conduct nor any trade practice between the parties shall be deemed to modify any of the terms or conditions set forth in these Terms of Service.

These Terms of Service may not be assigned, sublicensed or otherwise transferred by you, in whole or in part, nor may any of your obligations be delegated, to any third party unless Deck of Dice’s prior written consent is first obtained. Deck of Dice shall be freely entitled to assign or otherwise transfer these Terms of Service, in whole or in part, to any third-party lawful successor-in-interest or assignee. Any attempted or purported assignment, sublicense, transfer or delegation without any required consent having first been obtained shall be void and shall constitute a material breach of these Terms of Service. Subject to the foregoing, these Terms of Service shall bind and inure to the benefit of the parties and their successors and permitted assigns.

The legally binding and enforceable version of this Agreement is the English language version authored and published by Deck of Dice. In the event that any translation of this Agreement is prepared (whether by Deck of Dice or by any third party) such translation is and shall be deemed solely for convenience and reference purposes only and such translation shall not be binding on the parties. You acknowledge and agree that in the event of any discrepancy or dispute between the English language version of this Agreement and any non-English version, then the English language version of this Agreement sets forth the controlling terms and conditions of this Agreement. You hereby waiver and relinquish any right you may have under any statute, law, directive, order, rule or regulation to have this Agreement rewritten, interpreted or otherwise construed in any language other than English.

The headings of the Sections and subsections of this Agreement are for convenience of reference only and shall not be given any legal import or be of any effect in construing the meanings of any section or provision of this Agreement. Upon Deck of Dice’s request, you will furnish Deck of Dice with any documentation, substantiation or releases necessary to substantiate and/or otherwise permit verification of your continuing compliance with all of the terms and conditions set forth in these Terms of Service.

You acknowledge and agree that the provisions of these Terms of Service shall be fairly interpreted in accordance with its stated terms and conditions, and without any strict construction in favor of or against either party. Any ambiguity shall not be interpreted against or construed in any manner that is contrary to the interests of Deck of Dice merely by virtue of having drafted them, and any rule, regulation, or law requiring that the language of a contract be construed against the drafting party does not and shall not apply to this Agreement. You hereby irrevocably waive any and all defenses you may have (or may ever be deemed to have) based on the electronic form of these Terms of Service and the lack of any formal action by the parties hereto to execute these Terms of Service.

YOU AND DECK OF DICE, RESPECTIVELY, EACH AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR OTHERWISE RELATING TO THE SERVICE, THE SERVICE MATERIALS AND/OR THESE TERMS OF SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR, IF NOT RAISED BEFORE THE EXPIRATON OF SUCH 1-YEAR PERIOD, SHALL THEREAFTER BE FOREVER BARRED.

You acknowledge and agree that the provisions of these Terms of Service that by their nature are intended and/or should reasonably be deemed to survive termination will and shall survive any termination of these Terms of Service.
The United Nations Convention on the International Sale of Goods is expressly excluded from these Terms of Service.

Deck of Dice’s obligations pursuant to this Agreement and undertakings in furtherance hereof are and shall be subject to any and all applicable laws and legal processes. Nothing contained in this Agreement shall limit or otherwise restrict Deck of Dice’s right to comply with any court, governmental, administrative, regulatory, and/or law enforcement inquiries, requests, orders, directives, and/or requirements relating to your use of the Service or that otherwise relate in any manner to this Agreement.

The provisions of these Terms of Service are specifically intended solely for the benefit of you and Deck of Dice, are enforceable only by you and Deck of Dice, and nothing in this Agreement shall be construed or otherwise deemed to provide any other person or entity with any claims, rights or remedies under or with respect to these Terms of Service or any provision hereof.

If you have any questions, comments or concerns regarding these Terms or any aspect of the Service and/or any of the Deck of Dice Content (but specifically excluding any DMCA notice), please feel free to contact us by email at: [email protected], or by regular mail at:

Deck of Dice Gaming, Inc.
Attn: Legal Department
PO Box 360006
Strongsville, OH 44136

When contacting us, please describe the matter that you’d like to discuss in reasonable detail.

IF YOU DO NOT AGREE WITH AND/OR DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS THAT ARE EXPRESSLY SET FORTH IN THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR OTHERWISE USE THE SERVICE OR ANY OF THE DECK OF DICE CONTENT.