Acceptance of the Terms of Use

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://www.msladygamble.com (the “Website”), including any content, functionality and services offered on or through the Website, whether as a guest or a registered user. A "user" is someone who accesses, views, uses or in any way interacts with the Website

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, or by accessing the Games or creating an Account, you confirm that you have read, accept and agree to be bound and abide by (a) these Terms of Use, our Privacy Policy, Sweeps Rules, and other game-specific or promotion-specific terms relevant to your participation on the Website, each incorporated herein by reference, and (b) all applicable laws and regulations governing your use of the Website. If you do not want to agree to these Terms of Use, our Privacy Policy, Sweeps Rules, or any other policy relating to your use of the Website and/or participation in the Games, you must not access or use the Website.

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY IN ORDER TO PARTICIPATE IN ANY GAMES OR USE THE WEBSITE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE A PARTICIPANT’S CHANCES OF WINNING ANY GAMES.

THESE TERMS OF SERVICE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Definitions

In addition to any other capitalized terms contained within these Terms of Use, the following words shall mean the following:
Account means an account registered by a user in order to participate in Games and/or otherwise access the Website. Games means any one or more Game(s) available on the Website, including, without limitation, “Standard Play Games” (offered in Standard Play Mode) and “Sweepstakes Games” (offered in Sweepstakes Mode) made available on the Website. Ms. Lady Gamble Tokens means the virtual social gameplay currency offered by the Website. Ms. Lady Gamble Tokens are used to play Standard Play Games. The Website may give you free Ms. Lady Gamble Tokens when you register an Account, and thereafter via the Website’s free alternative methods (more fully described in our Sweeps Rules). You may also win Ms. Lady Gamble Tokens when you participate in a Standard Play Game. Ms. Lady Gamble Tokens have no real-world monetary value, and cannot under any circumstances be redeemed for prizes, cash, or any other form of currency. Prizes means prizes won from playing a Sweepstakes Game. Prizes are redeemed in accordance with our Sweeps Rules. Standard Play Games means Games that can only be played with Ms. Lady Gamble Tokens. You cannot win prizes from participating in a Standard Play Game. Sweeps Tokens means the free sweepstakes entries used to play Sweepstakes Games. The Website may give you free Sweeps Tokens when you register an Account, as a free promotion/bonus item when you purchase Ms. Lady Gamble Tokens, or via each of the Website’s free alternative methods (more fully described in our Sweeps Rules). You may also win Sweeps Tokens when you participate in a Sweepstakes Games. The Website does not allow you to purchase Sweeps Tokens. Sweepstakes Game means Games that can only be played with Sweeps Tokens. Only Sweeps Tokens actually won from participating in a Sweepstakes Games (rather than collected using one of the methods offered by the Website) are eligible to be redeemed for prizes. Sweepstakes Games are played in accordance with our Sweeps Rules. Sweeps Rules means the Sweeps Rules made available on the Website. Tokens means any of the tokens offered via the Website, including, without limitation, “Ms. Lady Gamble Tokens,” and “Sweeps Tokens.”

Eligibility

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Website, you represent and warrant that you (i) are over the age of eighteen (18) and/or over the legal age of majority under applicable law in the jurisdiction in which you reside, (ii) are physically located in a jurisdiction in which participation in the Website is unrestricted by that jurisdiction’s laws, (iii) agree to at all times abide by these Terms of Use and other policies governing your use of the Website, and (iv) meet all of the eligibility requirements to register an Account and use the Website and/or access the Games. If you do not meet all of these requirements, you must not access the Website. You are responsible for both:

• Making all arrangements necessary for you to be able to access the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

By accessing the Website and/or otherwise participating in any Games, you acknowledge that you are participating in the Games: (i) as part of a social players club wherein users participate in the Games for recreational, entertainment and amusement purposes only, and (ii) on your own behalf and not on the behalf of any other person or entity.

ONLY USERS LOCATED IN THE UNITED STATES (EXCLUDING THE STATES OF IDAHO AND WASHINGTON) ARE ELIGIBLLE TO PLAY THE GAMES. FURTHER ELIGIBILITY REQUIREMENTS MAY BE FOUND IN OUR SWEEPS RULES.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

Changes to the Website

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

The Games may also change from time to time, in our and absolute discretion. We may stop (permanently or temporarily) providing any Games or any features within the Games and/or otherwise provided on the Website. We also retain the right to create limits on your ability to access the Games and/or other features offered on the Website at our sole discretion at any time. We may remove or refuse to distribute any Game, limit distribution or visibility of any Game, suspend or terminate any user, or grant or remove Account privileges.

Accessing the Website and Account Security

To access the Website or some of the resources it offers, you may be asked to register an Account and provide the Company certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You may have only one Account. In the we discover that you have opened more than one Account or are sharing an Account with anyone else, in addition to any other rights that we may have, we reserve the right to suspend or terminate any or all of your Accounts and terminate, withhold, or revoke any prizes (including, without limitation, any redemptions).

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to place limits on, suspend, or disable any Account at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Tokens

We may allow you to earn and/or obtain virtual items (including, without limitation, Tokens) via your use of the Website (as more fully explained in our Sweeps Rules). You may receive Tokens when you: (1) first register an Account and/or (2) otherwise access and/or utilize the Website. You may also receive Tokens based upon bonuses, rewards, and/or via other methods through your use and/or recommendation of the Website. Tokens may only be obtained and held by legal residents of jurisdictions where access to and use of the Website and Games is permitted. We reserve the right to revoke Tokens in the event it is determined that such Tokens were provided via technical issue or malfunction of the Website, and/or provided to you in violation of these Terms of Use.

You acknowledge that you do not “own” Tokens. By acquiring Tokens, you have obtained a limited and revocable license to a digital product for use only with the Website, including, without limitation, the Games. Tokens may not be sold, transferred, assigned, gifted, traded or sublicensed (including for monetary exchange or for any other value). Any attempt to engage in any action related to Tokens in violation of these Terms of Use (including, without limitation, our Sweeps Rules) may result in termination of your Account and/or legal action.

Tokens may be forfeited if your Account is closed for any reason, or at our discretion.

Games

Games offered on the Website may have its own rules. It is your responsibility to read the rules prior to participating in any Game.

Ms. Lady Gamble Token Purchases: By associating your Account with a payment method for the purpose of purchasing Ms. Lady Gamble Tokens, you hereby affirm that you are the lawful owner of the payment method used to make any such purchase(s). It shall be a violation of these Terms of Use for you to submit payment using any payment method that is not owned by you. We reserve the right to terminate your Account without notice upon being notified that any purchase made with your Account is charged back and/or was not made in the name of the person registered to the Account. In the event of a dispute regarding the identity of the person making a purchase, the purchase will be deemed made by the person in whose name the Account was registered. You acknowledge that no purchase is necessary in order for you to participate in any Games. For more information, please review our Sweeps Rules.

Company utilizes one or more third-party payment processors and you will be required to agree to third-party terms and conditions in connection with such payment processing. It is your sole responsibility to review and understand any applicable third-party terms and conditions. We reserve the right to request documents and information to verify the legal and beneficial ownership of the payment you use to make any purchases. You agree that we and/or our third-party payment processors may store your payment information (e.g. card number) to process any future purchases.

The purchase of Ms. Lady Gamble Tokens is the purchase of a license that allows you to participate in Standard Play Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Ms. Lady Gamble Tokens will not, and cannot, be refunded to you, except as otherwise provided in these Terms of Use. Ms. Lady Gamble Tokens do not carry any real-world monetary value.

Token Balances: You may participate in any Game only if your Account has sufficient Ms. Lady Gamble Tokens or Sweeps Tokens (as applicable) required to participate. We will not extend you any credit in order to participate in any Game.

We may limit the amount of Ms. Lady Gamble Tokens you may purchase on the Website, as determined in our sole discretion. Ms. Lady Gamble Tokens or Sweeps Tokens that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Ms. Lady Gamble Tokens or Sweeps Tokens (whichever applicable) will be drawn from your Ms. Lady Gamble Tokens or Sweeps Tokens balance in your Account immediately.

Void Games: We reserve the right to suspend and/or cancel a Game at any time. Prizes will only be awarded if a Game is run to completion. We reserve the right to withhold Prizes and/or to cancel, suspend, and/or void any Game entry at our absolute discretion where: (i) there is an error, mistake, misprint or technical error or failure, or other act beyond our reasonable control, including, but not limited to, an act of God, hurricane, war, fire, riot, earthquake, terrorism, an act of public enemies, actions of governmental authorities outside of our control, national emergency, pandemic, or other force majeure event that materially affects our ability to properly operate any Game; (ii) there is any issue with our third party data provider or software; (iii) we suspect a breach any of these Terms of Use; (iv) the integrity of the Game has been called into question; or (v) collusion between users has, or is believed to have, taken place.

Promotions and Sweepstakes Games

All promotions, including, without limitation, participation in any Sweepstakes Games are subject to these Terms of Use and our Sweeps Rules and any additional policies that may be put in place at the time of promotion. In the event and to the extent of any conflict between these Terms Use, our Sweeps Rules, and any promotion-specific terms and conditions, the promotion-specific terms and conditions will apply. We reserve the right to withdraw or modify any promotion (including, without limitation Sweepstakes Games) without prior notice to you.

We may, in our sole discretion, require that any Sweeps Tokens allocated to you be played a greater number of times in any combination of Sweepstakes Games before it is able to be redeemed as a Prize. Unless we require otherwise in accordance with these Terms of Use, any Sweeps Token allocated to you is only required to be played once before it is eligible to be redeemed as a Prize.

If we determine, in our reasonable sole discretion, that a you are abusing any promotion, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or Prize as we see fit.

You consent to the use of you name, voice and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any Game, promotion, or services without compensation or further consent. You agree that from the date of notification of your status as a potential winner of a promotion and continuing until such time you are informed that you are no longer needed to do so, that you will make yourself reasonably available to host and/or versus for publicity, advertising and promotional activities.

Prize Redemption

Users can redeem Prizes on the Website by clicking the “Redeem” button. All redemptions must be requested utilizing the form provided on the Website. We process requests to redeem Prizes in the order in which they are received. Our goal is to process your request as soon as practicable. We will only process one Prize redemption request per Account in any 24 hour period. Subject to our redemption restrictions, you may request to redeem Prizes of any value; however, we reserve the right to allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been allocated or paid.

If we mistakenly credit your Account from time to time with Prizes that do not belong to you, whether due to a technical error, human error or otherwise, the amount credited will remain Company property and will be deducted from your Account. If you have been transferred Prizes (including, without limitation, cash and/or other merchandise) that do not belong to you prior to us becoming aware of the error, the mistakenly transferred amount will (without prejudice to other remedies and actions that may be available at law) constitute a debt owed by you to us. In the event you discover an incorrect crediting, you are obliged to notify us without delay.

By entering into a promotion (including, without limitation, participating in any Sweepstakes Game) or accepting any Prize, all users agree to indemnify, release, and to hold harmless Company, its parents, subsidiaries, affiliates and argents, officers, directors, employees, shareholders and representatives of any of the foregoing entities (collectively, the “Released Parties”), from any and all liability, claims, or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the promotion, the receipt, ownership, use or misuse of any Prize or while preparing for, participating in and/or travelling to or from any Prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. Company may, in its sole and absolute discretion, require a user to execute a separate release of claims and publicity rights as a condition of being awarded any Prize.

You are solely responsible for any taxes which apply to any Prizes that you collect.

Redemption Restrictions: We reserve the right to limit the amount of the minimum or maximum redemption value for any Prize per day as we deem fit in our sole discretion. In New York and Florida, the maximum redemption value for a Prize won from any one Game is USD $5,000 and any Prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD $5,000.

In the event that the awarding and/or redemption of any Prizes is challenged by any third party or legal authority, we reserve the right, in its sole and absolute discretion, to determine whether or not to award and/or redeem such Prizes.

You agree that we may use third party service providers to run external identification and other verification checks on all users on the basis of the information provided by you from time to time, including, without limitation, for the purpose of determining eligibility to receive and/or redeem any Prizes. Further, you may be required to provide Company with additional documentation and/or information to verify the identity of the user, and to provide proof that all eligibility requirements set forth in these Terms of Use have been met. In the event of a dispute as to the identity or eligibility of a user, Company will, in its sole and absolute discretion, utilize certain information collected by Company to assist in verifying the identity and/or eligibility of such user.

Responsible Gameplay

We actively support our users practicing responsible social gameplay. We encourage users to become aware and/or take advantage of any available responsible social gameplay features made available by the Website.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all Games, information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution. You must not:

• Modify copies of any materials from available by the Website.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Website.
• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please contact us.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, logo and all related names, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

License to Use the Website

Subject to your acceptance and compliance with these Terms of Use and/or any other policies governing your use of the Website, Company hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Website, solely for your personal, private entertainment and amusement, and for no other reason.

You acknowledges that your license to use the Website (including, without limitation participate in any Games) is subject to and limited by these Terms of Use and all other policies governing your use of the Website (including, but not limited to, our Sweeps Rules). If you do not agree, or fail, to comply with these Terms of Use and/or any other policy governing your use and access to the Website, your license to use the Website (including, without limitation, ability to participate in any Games) may be immediately terminated.

In the event the Website or any Game offered by the Website is deemed and/or declared to be illegal under the laws of the jurisdiction in which you are located, you will not be granted any license (and/or any license previously granted will be immediately terminated) to use the Website, and must refrain from accessing the Website and/or any Game.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use and other policies governing your use of the Website and/or Games. You agree not to use the Website: In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability. Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the content on the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Website

If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of any third party websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites or resources linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The Website and its services are for use only by users located in permissible jurisdictions (as set forth in these Terms of Service and our Sweeps Rules) and residing within the United States. We make no claims that the Website or any of its content (including, without limitation, the Games) is accessible or appropriate outside of the United States. Access to the Website and/or Games may not be legal by certain persons or in certain countries. If you access the Website and/or Games from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company and each of our affiliates, subsidiaries, licensors, distributors, sponsors, contractors, service providers, and suppliers, and each of its and their respective officers, directors, managers, members, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website (including, without limitation, your participation in any Games), or our use of any information obtained and/or provided from you with regard to your use the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

BINDING ARBITRATION AND DISPUTE RESOLUTION

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use will be instituted exclusively according to this binding arbitration provision. You agree to arbitrate ALL DISPUTES AND CLAIMS between us arising out of or relating to these Terms of Use and/or your participation in any Games and/or other use of the Website (each, a “Dispute”) and that all Disputes will be processed pursuant to this binding arbitration agreement. The types of Disputes we agree to arbitrate are intended to be broadly interpreted. It applies, without limitation, to: (a) claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (b) claims that are the subject of any purported class action litigation; and (c) claims that may arise after the termination of your use and/or access to the Website.

For the purposes of this arbitration agreement, references to “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. 

YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU AND OUR COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. These Terms of Use evidence a transaction or website use in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this provision. This arbitration provision will survive termination of these Terms of Use.

To the maximum extent permitted by applicable law, neither you nor Company shall be entitled to consolidate, join or coordinate disputes by or against other individuals or entities, or participate in any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, or arbitrate or litigate any dispute in a representative capacity, including as a representative member of a class or in a private attorney general capacity or otherwise seek to recover for losses incurred by a third party. In connection with any Dispute, any and all such rights are hereby expressly and unconditionally waived.

A party who intends to seek arbitration must first send, by U.S. certified mail or email, a written notice of any Dispute (“Notice”) to the other party. A Notice to our Company should be addressed to the address set forth at the end of the Terms of Service and must describe the nature and basis of the Dispute and set forth the specific relief sought (“Demand”). If Company and you do not reach an agreement to resolve the Dispute within 30 days after the Notice is received, you or Company may commence an arbitration proceeding.

All unresolved Disputes will be determined and settled by binding arbitration before an independent arbitrator selected by the parties. The arbitration hearing will occur at a time and place convenient to the Parties in Broward County, Florida, within 90 days of selection or appointment of the arbitrator. The arbitration will be governed by applicable rules of the American Arbitration Association (“AAA”) in effect on the date of the first notice of demand for arbitration. Notwithstanding any provisions in such rules to the contrary, the arbitrator will issue findings of fact and conclusions of law, and an award, within 15 days of the date of the hearing, unless the parties otherwise agree. The Parties will select the arbitrator from a panel list made available by the AAA. If the Parties are unable to agree to an arbitrator, the arbitrator will be chosen by alternatively striking from a list of five arbitrators obtained by Company from the AAA. The party that delivered the Notice will have the first strike. The prevailing or successful party to any Dispute is entitled to recover all expenses of arbitration, including, without limitation, reasonable attorneys’ fees, witness fees, administrative fees, and arbitrator’s fees. You waive any and all objections to the exercise of jurisdiction over you by any courts and to venue in such courts pursuant to the foregoing arbitration agreement.

Limitation on Time to File Claims

ANY DISPUTE OR OTHER CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS CONSIDERD WAIVED AND PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure

The failure of Company to comply with any provision of these Terms of Use due to an act of God, war, fire, riot, earthquake or other natural disaster, terrorism, actions of governmental authorities out of the control of our Company or other force majeure event will not be considered a breach of these Terms of Use.

Electronic Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

You consent to receive marketing communications from us in respect of our offerings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting us below.

Entire Agreement

The Terms of Use, our Privacy Policy, Sweeps Rules, and any other policies adopted by us governing your use of the Website and/or participation in any Games constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to your use of the Website.

Your Comments and Concerns

The Website is operated by TO BE OR NOT TO BE MARKETING LLC, d/b/a Ms. Lady Gamble (“Company” “we” or “us”), address: Valletta Buildings, 2nd Floor, Suite 7, South Street, Valletta VLT 1103, Malta

All feedback, comments, requests for technical support and other communications relating to the Website should contact us.