Terms of Service

Bold Games Limited

Bold Games Limited (the "Company") Terms of Use, including Official Rules for KaChing (the "App") games or Sweepstakes.

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NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN ANY GAME.

 

A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. SOME GAMES REQUIRE TOKENS OR COINS TO ENTER. TOKENS OR COINS ARE PROVIDED FREE OF CHARGE.

 

THE APP, THE GAMES, AND ANY SWEEPSTAKES CONTAINED HEREIN ARE NOT SPONSORED BY, ENDORSED OR AFFILIATED IN ANY WAY WITH APPLE OR GOOGLE INC.

 

Welcome to the Kaching App (the “App”). Bold games Limited (the “Company”), and/or its affiliates provide online and mobile gaming services to authorized users subject to the following terms and conditions contained herein, including all Official Rules of the Games played by you (the “Terms”).

 

By using the Kaching App, you agree to these Terms. Please read them carefully.

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By accessing or using the App, or by creating an Account, you acknowledge your agreement to be bound by these Terms.

 

If you do not agree to be bound by these Terms, please do not use this App or play any Games contained herein.

 

Bold Games Limited reserves the right to update or modify these Terms at any time, and without prior notice to you. Your use of the App following such modification or update constitutes your acceptance to be bound by these Terms as changed or modified. Bold Games Limited encourages you to read through and review these Terms each time you access the App and utilize the Company services.

 

1. Privacy: Please review our Privacy Policy, which also governs your use of the App and Company services, to understand our practices.

2. Age Restriction: You must be sixteen (16) years of age or older to use the Company services. The Company services are available to legal residents of the United States, Canada, Australia who are at least sixteen (16) years old and the age of majority in his or her jurisdiction of residence and have an Internet connection or mobile phone.

3. Other Restrictions: In order to participate in the Company services offered by Bold games Limited, you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding.

4. License to Use: Subject to your compliance with these Terms, the company grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the App and Company services. This license does not include any downloading, copying, or other use of information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms are reserved and retained by Bold Games or its licensors, suppliers, publishers, rights-holders, or other content/services providers. You may not misuse the App or Company services and may use the App and Company services only as permitted by law. The licenses granted by Bold Games Limited terminate if you do not comply with these Terms.

5. Limited Offering of Services: Neither the availability of the App to download, nor the availability of Company services shall be construed as an offer or invitation by the Company or the App  to use download the App or use the Company services if you reside in a country or jurisdiction in which such use is forbidden by law the country or jurisdiction is one in which Bold Games Limited, in its sole discretion, elects not to offer the Company services. You are solely responsible for determining whether your use of Company services and the App is legal in the country/jurisdiction in which you reside and/or in any country/jurisdiction in which you log-on to use the Company services. Bold Games Limited shall not be responsible for any illegal or unauthorized use of the Company services.

6. Creating an Account: In order to access the App and use the Company services, you are not required to create or identify yourself by a log in process. In order to redeem prizes you are required to create and be logged in to the account (“Account”). You are responsible for maintaining the confidentiality of your Account and login details and for restricting access to your Account, and you agree to accept responsibility for all activities that occur under your Account. Bold Games Limited / Kaching App reserves the right to refuse service, terminate accounts, terminate your rights to use Company services, remove or edit content, or cancel Tokens or Coins in its sole discretion. You agree that any termination of your Account and/or your right to use the Company services may be effected without prior notice, and acknowledge and agree that Bold Games Limited / Kaching App may immediately deactivate or delete your Account and all related information and files related to your Account and or bar any further access. Further, you agree that Bold Games Limited / Kaching App shall not be liable to you or any third-party for any termination of your right to use or otherwise access your Account or use the Company services.

7. Prohibited Conduct. You shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Company services or App (including all content contained therein); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Company services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the App or the Company services, or which, as determined by us, may harm Bold Games Limited or the Kaching App or users of our App or  the Company services; (iv) use the Company services in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the Company services, including their ability to engage in real time activities through the Company services; (v) use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the App; (vi) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Company services, the servers on which the the Company’s data is stored, or any server, computer or database used to provide our  Company services; (vii) engage in any fraudulent activity or engage in any activity that facilitates fraud; or (viii) otherwise attempt to interfere with the proper working of the Company services.

8. The Kaching App Content: Bold Games Limited and/or its licensors retain all rights to all data and information on its App and  the Company services, including text, graphics, images, designs, articles, business processes, and any other form of content (collectively referred to as “Content”). Users shall have only those rights in and to the Content that are expressly granted to it pursuant to these Terms, and are otherwise reserved. Reproducing, copying or distributing any Content for any other purpose is strictly prohibited without the express prior written permission of Bold Games Limited. The Company may enable a user to link to websites, and access to content, products or services of third parties. Bold Games Limited or the Kaching App is not responsible for any third party websites, or third party content provided on or through the App or  the Company services. You bear all risks associated with the access and use of such websites and third party content, products and services. You access third party content at your own risk.

9. Your Feedback: Bold Games Limited or the Kaching App welcomes feedback, comments and suggestions for improvements to our App or Company services(“Feedback“). Any Feedback you submit will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant Bold Games Limited or the Kaching App a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

10. Trademarks: All of the trademarks, service marks, and logos displayed on App (the “Trademarks”) are registered and unregistered trademarks of the Sponsor its affiliates, or third parties. Nothing in this App should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks without the Sponsor’s express written permission or the express written permission of the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks is expressly prohibited.

11. Copyrights: The Sponsor respects the intellectual property rights of others, and asks that all Players do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account. Please note that the Sponsor can only address infringing materials posted on the App that have been reported to us, and cannot be responsible if any User Generated Content is repurposed or otherwise copied from the App and used in other mediums prior to the Sponsor removing such infringing content. If a Player believes that his or her work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act, he or she will need to provide the following information to the Sponsor’s agent:

    1. an electronic or physical signature of the person authorized to act on behalf of the copyright owner;

    2. a description of the copyrighted work that he/she claims has been infringed;

    3. a description of where the material he/she claims is infringing is located on the App;

    4. the Player’s address, telephone number, and email address;

    5. a statement that he/she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    6. A statement made by the Player, under the penalty of perjury, that the above information in his/her notice is accurate and that he/she is the copyright owner or duly authorized to act on the copyright owner’s behalf; and

    7. The Sponsor’s agent may be contacted as follows: support@boldgames.io

12. Official Rules:

    1. Sponsor: The Sponsor of this App and all Games played on it is Bold Games Limited a UK based company. whose decisions are final and binding as to all aspects of the Games. Any inquiries regarding this Games are to be directed to Sponsor.

    2. Games: Sponsor offers various games as part of the Company services, including the following: (1) Scratchcard Game; (2) Lottery Game; (3) Raffle Game; (4) Spinner Game; (5) Slot Game; and (6) Reel Deal Spinner Game (collectively, “Games”).

    3. Daily Promotion Periods: Each Game offered through the App is offered on a twenty-four (24) hour period starting at 12:00:01 AM (Pacific Time (PT)) and ending at 11:59:59 PM (PT) (each, a “Daily Promotion Period”). All time calculations are based on local time in Los Angeles, California.

    4. Eligibility: The Games are open to: (1) persons who are legal residents of one of the Fifty (50) United States, the District of Columbia, Canada, and Australia; (2) are at least sixteen (16) years of age, or the age of legal majority to enter into contracts or participate in games in the jurisdiction in which they reside at the time of entry; and (3) are valid and authorized account holders of a The Kaching App Account (“Eligible Person”). An Eligible Person’s entry into the Sweepstakes will be deemed to be a representation that the Eligible Person meets all of the eligibility requirements. Officers, directors, managers, and employees of Sponsor, and their respective parent companies, subsidiaries, affiliates, suppliers, advertising and promotional agencies, and immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to participate.

    5. Participating in a Kaching Game: The Kaching app offers Eligible Persons a unique opportunity to enter into a participate in the sweepstakes-based Scratchcard Game, Lottery Game, Raffle Game, or Simulated Spinner , Simulated Slot Game featured on the Kaching App (each, a “Game”). Upon entering into a particular Game, the Eligible Person becomes a “Player”: of the Game.

    6. Tokens and Coins: By playing in Kaching Games, Eligible Persons have an opportunity to win two form of virtual currency ; (1) Tokens, marked as © sign, in yellow (“Tokens”), (2) Coins, marked up with ($) sign, in Green (“Coins”) . Tokens and Coins are a form of virtual currency in the Game. Players can use Tokens and Coins, in the Company’s discretion, to exchange with other virtual digital Vouchers or other in game credits or services. Tokens and Coins are not real money, and do not have monetary value. You acknowledge that Tokens and Coins are not real currency. We make no guarantee as to the nature, quality or value of the features of any third-party good, vouchers or services that will be accessible through the use of Tokens and Coins, or the availability or supply of Tokens and Coins. Tokens and Coins obtained via the Game are provided to you under a limited, personal, revocable, non-transferable, non-sub-licenseable license solely to use within the App. Tokens and Coins may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any such Tokens and Coins. Any Tokens or Coins balance shown in your account does not constitute a real-world value or balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. We may, at any time, expire free or promotional Tokens or Coins given to you. You agree that under no circumstances are we liable to you for any damages or claims that may arise from the loss or use of your Tokens or Coins regardless of the circumstances. You absolve us of any responsibility to maintain or update your Tokens or Coins account. However, if there is a loss of Tokens or Coins in your account due to technical or operational problems with the Services, we will replace the lost Tokens or Coins once the loss has been verified. Without limiting any of the foregoing, our maximum liability or responsibility to you is to replacement of the Tokens and Coins lost. We will, in our sole discretion, determine and communicate the availability and exchange rate for any Tokens and Coins, which may be modified at any time. You must comply with any individual limitations as indicated via the App or to get the Rewards / Vouchers. Once Tokens or Coins has been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion.

    7. Winners: Winners will be selected at random for each of the games using a computer algorithm embedded in the Company’s software. Winner determination will be made instantly at time of Game play, subject to accepting the Declaration of Compliance or later, if specifically mentioned within the game (i.e. Raffles) Limit one (1) Prize per Game play. Players agree to be bound by these Official Rules and by the decisions of the Company, which are final and binding in all respects. If a Winner cannot be contacted or is disqualified, the Sponsor reserves the right to not award the Winner’s Prize. Certain restrictions may apply. Players trying to extort prizes by digitally manipulating images, making false win claims, or threatening to write a bad review unless rewarded will have their account terminated.

    8. Redeeming Tokens or Coins: The Company and the App will, in our sole discretion, determine and communicate the availability and exchange rate for any Tokens or Coins, which may be modified at any time. You must comply with any individual limitations as indicated via the App to redeem for a Redeemed Vouchers or Cash. You must play a minimum of 7 active days before you would be eligible to redeem any Vouchers. Active days in that regards constitute in each individual calendar day in which the player has opened the app and played a minimum of 1 game.You may choose a Redeemed Voucher that is still available for which you have accumulated sufficient Tokens or Coins for redemption. Select the Redeemed voucher and follow and instructions to complete the exchange process. As part of the exchange process, you may receive a confirmation email or message from us and/or our designee or partner. Emails or messages will be sent to the email address or other contact information assigned to your account. All acquisitions of Tokens or Coins and exchanges for Redeemed vouchers are final. Once Tokens or Coins have been lost or spent, they will be subtracted from your account and cannot be refunded or returned, except in our sole discretion. No Tokens or Coins will be re-credited to your account in the event of a return or exchange of a Redeemed voucher, or any problem with any Redeemed voucher.

    9. Voucher availability: To allow fair and even distribution of our voucher availability among our users, you can redeem a maximum of 1 voucher (of any kind) in each 7 calendar days.

    10. FOR THE AVOIDANCE OF ANY DOUBT, TOKENS OR COINS HAVE NO MONETARY VALUE UNTIL THE EXCHANGE TO VOUCHERS ARE APPROVED AND VALIDATED BY THE COMPANY OR APP. UP TO THE EXCHANGE APPROVAL POINT, THEESE TOKENS AND COINS HAVE NO REAL MONEY VALUE AND DO NOT CONSTITUTE ANY COMMITMENT OR PERCEIVED COMMITMENT BY THE COMPANY OR THE APP TOWARD ITS PLAYERS.

    11. Expiration of Tokens: If a Player fails to play a our game for more than ninety (90) consecutive days, we will reset your Token and Coins balance to Zero (0). If you are located outside the United States, Canada or Australia,  per our Privacy Policy, your Account will be deleted and all Tokens and wallet balances will be forfeit and may not be reclaimed if you open a new Account.

    12. Pay-outs: Players may choose to redeem Tokens for cash. Once Players accumulate the equivalent of at least Ten Coins ($10.00) in their Account (the “Minimum Payout Threshold”), they can cash out using PayPal. Any Player with less than the Minimum Payout Threshold will have their Coins stored in their Coin balance until they reach the Minimum Payout Threshold. Winners can have their Prize payments sent to their PayPal account by providing Sponsor their email address (account name). Sponsor is not responsible for lost or forfeited payouts attributed to Player providing incorrect PayPal account information. Prizes / Vouchers will be processed and remitted within seven (7) business days from the date in which a request for Payout is made and the user’s confirmation and consent email is received by the company. To ensure fair opportunity to prizes redemption distribution among as many users as possible, any voucher redemption is limited to any one voucher per any one player / user, in any consecutive seven (7) calendar days. The Company or The App may delay or cancel any Payout for purposes of preventing unlawful activity or fraud, risk assessment, security, or investigation.

    13. Taxes; Prize Replacement: Winners whose aggregate Redeemed vouchers values exceed $600.00 in any calendar year is solely responsible for all applicable federal, state and local taxes related thereto and will receive an IRS Form 1099 for the value of all Redeemed vouchers. Except for charitable donations, no transferring of Redeemed vouchers or accounts will be permitted. For non-cash Redeemed vouchers, the Sponsor reserves the right to substitute the Redeemed vouchers for one of equal or greater value in the event an advertised Redeemed vouchers becomes unavailable.

13. Scratch Card Game:

    1. How to Play: You automatically receive forty (52) Scratcher Card entries into the Scratcher Game every day. You can log in throughout the Daily Promotion Period to claim your Tickets. Each daily allocation of Scratcher Cards will expire at the end of each day (11:59:59 PM PST). Prizes attributed to winning in each scratch card will be added to your Tokens or Coins balance. For every 3-6 Scratcher Cards you claim, you will watch a short video or static ad.

    2. Odds of Winning: To win, a Player needs to match three of the featured icons on the virtual scratchcard game which is based on the a listed paytable. Scratch card paytable can be accessible through the App.         All Prizes awarded in the Scratcher Game are in the form of Tokens, Coins, Free Spins , Free Slot spins, Multiple Raffle tickets in accordance to the scratch card paytable.          Winners will be selected at random using a computer algorithm embedded in the Company’s software. Winner determination will be made instantly at time of Game play, Limit one (1) Prize per Game play. Players agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. Certain restrictions may apply. Players trying to extort prizes or money by digitally manipulating images, making false win claims, or otherwise violating the Official Rules and/or the Terms of Service will have their account terminated and all pending transactions cancelled.

14. Lotto Game:

    1. How to play: In order to play the Lottery Game, you must click on the Lottery Game card link and pick your numbers or do an auto-pick to enter. You are limited to one (1) Lottery entry per Daily Promotion Period.

    2. Odds of Winning: The aim is to match 5 Numbers out of 42 and 1 Lucky number out of 21. Players can either do a quick pick or pick their numbers themselves. The odds of winning a Prize and a description of each Prize is as follows:

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15.  Raffle Game

1. How to Play: For each Daily Promotion Period, you will be eligible to receive one (1) Ticket which constitutes an entry into one of the Raffle Games you select for that Daily Promotion Period. If you would like to multiply your Ticket from two (2) tickets and up to ten (10) tickets, you will be asked to watch an advertisement video as the required activity. Users can enter additional times by exchanging additional Tokens per Ticket entry (the number of Tokens depends on the prizing for that specific Raffle). You are limited to 1,000 Ticket entries per Raffle Game per Daily Promotion Period. 

2. Odds of Winning: For each Daily Promotion Period, a Player will be given a chance to play the selected Raffle Game with one (1) entry. Additionally, a Player may multiple his free ticket from ten (x10) and up to fifty (x50) tickets by watching an advertisement video or a Player may exchange Tokens for additional tickets to any open and available raffle drawings up to 1,000 entries per Raffle Game. Players are eligible to play between one (1) and four (4) raffle games per day (depending on the number raffle games offered during that specific Daily Promotion Period) with the start and end times indicated in the specific raffle game. Player decides which raffle game he/she wants to play. Each Ticket after the first ticket costs a different amount of Tokens depending on the prize for that Raffle Game. Each Raffle Game will have one (1) winner selected at random by the Sponsor’s computers when the time runs out for the specific Raffle Game.

3.  Winning: Raffle Game prizes will vary for each Daily Promotion Period and the number of Raffle Game prizes available per Daily Promotion Period may range between one and five. The ARV (Approximate Retail Value) for each Raffle Game Prize will be disclosed with each Raffle Game. Odds of winning a Raffle Game depend on total entries for such Raffle Game during the Daily Promotion Period.

16.  Spinner Game

1. How to Play: A Player may wager Tokens to play the Spinner Game. There is a limit of 30 token-based spins per Daily Promotion Period. The app will award players non token based spins (“Free Spins”) throughout the player’s daily play. Free spins awarded will expire each day at (11:59:59 PM PST). For every 3-6 Spins you play, you will watch a short video or static ad.

2. Odds of Winning: Winning amounts are as stipulated by the within the game. The game include 32 wining sections in which the player could win Tokens, Coins, Free Spins , Free Slot spins, Multiple Raffle tickets etc. There are 4 non-winning slices. The sizes of each Spinner slice does not represent the odds of winning.

17.  Slot Game

1. How to Play: To win, a Player needs to match three of the featured icons on the virtual Slot game which is based on the a listed paytable. Slot Game paytable can be accessible through the game (?).     A Player may wager Tokens to play the Slot Game. There is a limit of 30 token-based-slot-spins per Daily Promotion Period. The app will award players non-token-based-slot-spins (“F”) throughout the player’s daily play. Free spins awarded will expire each day at (11:59:59 PM PST). Player could win Tokens, Coins, Free Spins , Free Slot spins, Multiple Raffle tickets etc.

2. Odds of Winning: Winning amounts are as detailed within the Game’s paytable by clicking the (?) icon. 10% of the Slot Top Jackpot is awarded In case whereby the user manage to match 3 Kaching golden signs, as stipulated in the games paytable. Total Slot Jackpot is visible and dynamically changing based on overall game play. In case where the user does not manage to match any of the 3 signs and his spin was a token-based-spin ( a free slot spin), the tokens amount lost, would be added to the total dynamic Slot Jackpot.

18.  Real Deal Game

1. How to Play: A Player may wager Tokens or Coins to play the Reeel Deal (“RD”) Game. There is a limit of 10 -20 spins per Daily Promotion Period. The app might award players additional RD spins (“Additional Spins”) throughout the player’s daily play. Additional spins awarded will expire each day at (11:59:59 PM PST).

2. Odds of Winning: Winning multiples are as stipulated within the game. The game include 8 sections in which the player could win Tokens or Coins multipliers or no multipliers. The sizes of each slice does not represent the odds of winning.

19.  Disclaimers

1. Geographic Disclaimer: The App is intended solely for users who are US, Canada or Australian residents. Access to the App and the Games may not be legal for some persons or in some countries outside these countries. Additionally, if a Player elects to access and use the App and play the Games from outside of the United States, he/she does so at your own risk and are solely responsible for complying with all applicable laws and regulations. Notwithstanding the foregoing, however, Sponsor still remains responsible for the personal data collected from persons residing outside the United States and the processing of the same shall be subject to the Sponsor’s Privacy Policy.

2.  DISCLAIMER OF WARRANTIES: THIS APP AND THE CONTENT ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE CONTENT, GAMES AND ALL OTHER INFORMATION CONTAINED ON AND/OR MADE AVAILABLE THROUGH THIS APP, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY OF THIS APP, LACK OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR ANY FAILURE TO PROVIDE THE APP OR ACCESS THERETO BY PLAYERS. THE COMPANY DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF THE CONTENT OR GAMEPLAY. ALTHOUGH THE COMPANY MAY UPDATE THE CONTENT ON THIS APP FROM TIME TO TIME, PLEASE NOTE THAT INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERROR

20.  Release of Liability: In consideration of being permitted to access and use the Services, you hereby agree to release The Company and its affiliates and subsidiaries, and their officers, directors, employees and agents from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including Organizers, Players, and other Users) in connection with the Services or your access and use of the Services.

1. Release of Liability - United States based players: In connection with the foregoing release, you hereby waive California Civil Code 1542 and any other applicable law or statute, which says, in substance: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 21.  Limitation of Liability and Damages

1. The following is applicable for Users in the USA and rest of the world (outside the European Union):

   • To the fullest extent permitted by applicable law: (i) in no event shall The Company be liable for any direct, special, indirect, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Company services, the Content, the App, or any other materials including without limitation any damages caused by or resulting from reliance on any information obtained from The Company or it’s services; and (ii) in no event shall the aggregate liability of The Company, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the Services exceed the amount paid to The Company by you, if any, for accessing the Services during twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100), whichever is greater.

   • These limitations of liability also apply with respect to damages incurred by you by reason of any services provided by third parties other than The Company services.

   • You acknowledge and agree that The Company has offered and entered into these Terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and The Company, and that The Company would and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and The Company.

2. The following is applicable to Users in the European Union: Neither The Company and its affiliates and partners in all cases, nor you, will be responsible for: (i) losses that were not caused by any breach on their or your part; (ii) any indirect or consequential losses (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or (iii) any indirect or consequential losses that were not foreseeable by both you and us when these terms of service were agreed or updated as applicable. You are not granted any rights under this section.

22.  Indemnification: Each Player agrees to indemnify, defend and hold harmless the Sponsor, its affiliates, officers, directors, employees, agents, information providers, partners, advertisers and suppliers (the “The Protected Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from (a) provision of Unsolicited Information or User Generated Content by him/her, or (b) his/her use of the App; and/or (c) his/her breach of the terms of these Official Rules (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) or a breach by any other person accessing the App using his/her account.

23.  General Terms

1. Governing Law: These Terms of Service shall be governed by and construed in accordance with the laws of the United Kingdom.

2. Survival: Upon termination of these Terms of Service, any provision which, by its nature or express terms should survive, will survive such termination or expiration.

3. English Language: Communications and documents, even those from The Company, on the Site or through the Services may be in a language other than English. With respect to these Terms of Service, the Privacy Policy, and any other agreement between you and The Company, or other policy implemented by The Company, the English language version of each of these documents is the version that governs your use of the Services and controls in the event of any conflict.

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Bold Games Limited

support@boldgames.io

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BY CLICKING “ACCEPT” OR BY PLAYING ANY OF OUR GAMES, YOU AGREE TO THESE OFFICIAL RULES

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