TERMS & CONDITIONS

I. General.
The Site is operated by First Services Inc. (the "Company"), on behalf of Kamay Ltd. and SuperScratch. The Company operates online games in accordance with a license issued by the Kahnawake Gaming Commission. The online gaming services are provided to You (the "Company’s Services") subject to the following terms and conditions contained within this Terms of Use agreement (the "Terms of Use") which should be read carefully by You in its entirety prior to Your use of the Company’s Services or products. Please note that these Terms of Use constitute legally binding agreement between You and the Company. In addition to the terms and conditions of these Terms of Use, please review our Privacy Policy, Fair and Responsible Gaming Policy, Cash Out Policy, and Bonus Policy, as well as other rules, policies and terms and conditions relating to the Games (as defined below) and promotions posted on Our Site, which are incorporated herein by reference, together with such other policies of which You may be notified of by Us from time to time.

II. Definitions.

“Account” shall mean a personal account opened by an individual, solely for such individual to enable such individual to play the Games at the Site.
“Games” shall mean any of the games that may be played at the Site.
“Player” anyone who registers via the Site and opens an Account.
"Restricted Territories" shall mean the following countries: Belize, British Virgin Islands, Cyprus, Israel, Turkey, France, Italy, Norway and the United States and additional jurisdictions blocked by the Company at its sole discretion. This list may be amended by the Company, at its sole discretion, from time to time.
“Services” shall mean the Company’s Games offering and related services and activities offered at the Site.
“Site” shall mean the instant games section on www.SuperScratch and any software or content that is used to access such website and/or to play the Games.
“We”, “Our” or “Us” shall mean the Company, and/or any subsidiaries, affiliates, employees, directors, officers, agents, and contractors of the Company.
“You” or “Your” shall mean any user of the Site.

III. Subordination to the Terms of Use and the Binding Effect Thereof.

Anyone registered at the Site, in accordance with the procedure specified hereafter, or participating in one of the Site's proposed activities, or uses the information published in the Site, accepts upon himself, in free will and consent, the Terms of Use's authority, agrees to be bound by the Terms of Use, undertakes to act pursuant to the Terms of Use's stipulations and to the rules specified therein, as they will be updated from time to time, without any reservation.
The Company is entitled to amend these Terms of Use at any time, and to do so according to its absolute and exclusive discretion, and without providing any notice in advance. Therefore, You are required to review the Terms of Use on a regular basis, including before performing any activity via this Site. Any use by You of the Site and/or Services and/or Games shall be deemed as Your acceptance and awareness of any amendments made by the Company of these Terms of Use.

These Terms of Use, as may be updated or amended from time to time by the Company, constitute the entire and whole agreement between You and Us. Any presentation, promise, undertaking or consent, whether verbal or in writing, which do not comply with the Terms of Use’s stipulations, will not be valid.

IV. Who is entitled to Participate.

Using the Services is permitted solely to if You comply with all of the following:

On the participation date, You are over the age of legal consent as set by the law applying in the territory You are located in, and in any event Your age exceeds 18 years; and
You are the owner of a valid payment method; and
You do not violate any law or regulation as a result of using the playing the Games via this Site, or as a result of participation in any other activity or utilizing any Service offered by the Site. In this context it will be stressed, that if You reside or present in any jurisdiction that prohibits participation in the Games offered at the Site (including without limitation any of the Restricted Territories) You shall not participate in the prohibited activity. The Company, its agents and anyone on their behalf make no representations or warranties, expressed or implied, as to the lawfulness of any person's participation in any activity through this Site. It is Your responsibility to ensure that You comply with any and all laws applicable to You before registering or participating in any activity through this Site.

The Services are intended only for users who are not prohibited by the laws of any applicable jurisdiction from gambling on the Internet. The Company does not intend to enable you to contravene applicable law. You represent, warrant and agree to ensure that your use of the Site and\or the Services will comply with all applicable laws, statutes and regulations. The offering or availability of the Services shall not be deemed or interpreted as an offer or invitation by Us to use the Services, if you reside in a place in which such use is currently forbidden by law (including without limitation the Restricted Territories), or where the Company, in its sole discretion, elects not to offer Services. You shall be solely responsible for determining whether Your use of the Site is legal in the place where You live and/or use the Services. The Company makes no representations concerning the legality of the Services or of the Site, and shall not be responsible for any illegal use of the Site by You. You should consult with legal counsel in the applicable jurisdiction about the legality of Your use of the Site and\or the Services. You may only use the Site if you are eighteen (18) years old, or of legal age as determined by the laws of the country where you live (whichever is higher). We reserve the right at any time to request from You evidence of age and reserve the right to suspend or cancel Your Player Account and exclude You, temporarily or permanently, from using the Services if satisfactory proof of age is not provided or if We suspect that you are underage and such satisfactory proof is not provided by You within three (3) days of our requesting such proof. In any such case, We reserve the right to close Your Player Account and You shall forfeit all funds in Your Player Account; such decision shall be final, binding and not subject to appeal.

Employees, directors and officers of the Company and of Kamay Ltd, as well as members of their families, affiliates or subsidiaries, and all other persons connected, directly or indirectly, to the computer systems or the security system employed by Us, as well as any person involved in the operation of this Site and the establishment thereof, including, but not limited to advertising, promotion and fulfillment agencies, insurers and legal advisers, webmasters and web suppliers and family members thereof, are not entitled to participate in any of the activities proposed by this Site.

For the sake of good order it is clarified that person who is not entitled to participate as aforesaid - as well as any other person who substitutes such excluded person - are also not entitled to any of the prizes afforded or referred to by this Site, and We reserve the right to shut down their account and seize any funds held in those accounts.

V. Site Registration.

Anyone interested in participating in the various activities that are proposed by this Site, as explained in these Terms of Use, is obliged to register and open an Account at the Site, as specified in this paragraph.

The registration at the Site is made once, but in a two phased process.

At the first phase of the registration process, You must fill in all the obligatory fields in the registration form, as well as choose a user name and password, (the “Identification Details").

You shall be fully and solely responsible to reserve in confidentiality Your Identification Details and not to transfer them to another. The full responsibility for an unauthorized use of Your Identification Details lies solely with You, and you will bear, alone, all responsibility derived of an unauthorized use of Your Identification Details. The Company has no obligation to maintain user names or passwords. If You misplace, forget or lose Your account name or password because of anything other than the Company's error, the Company shall not be liable for any direct or indirect loss associated with such occurrence.

The second and last phase in the registration process to the Site will be performed by You on the date that You will participate, for the first time, in one or more of the paid activities that are proposed by the Site.

At this phase You must provide valid payment method details, as well as additional personal identification details (the Identification Details, as defined above, and the additional details required at the second phase will be referred to collectively as - the “Player's Details").

By opening an Account, You hereby represent, warrant, acknowledge and undertake, towards the Company, that (a) the details You submitted during the registration process are true and correct, and that You will update them, immediately upon any change thereto, (b) Your Account is for your personal use only and not on behalf of any third party, and that You may only open a single Account at the Site, (c) any funds you will deposit in the Account may and will be used by You solely for playing the Games, and that You acknowledge that such funds shall not accrue any interest, (d) You are at least 18 years old or at the age of legal consent as set by the law applying in the territory You are located in – whichever is higher, and You are of sound mind and You are capable of taking responsibility for your own actions (e) it is Your responsibility to read and comprehend the Games’ rules and procedures and that you fully understand these rules and procedures. (f) You understand that the use of the Games carries with it a risk of losing funds wagered in the Games, (g) You will cooperate with the Company and provide it with all requested documentation in a full, complete and truthful manner, (h) You have verified and determined that Your use of the Services does not violate any laws or regulations of any jurisdiction that applies to You, (i) You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable due to Your use of the Site (including, but not limited to, payment of winnings) (j) You will use the Services in good faith towards the Company and others using the Services (k) You will be solely responsible for all Your losses resulting from placing bets at the Site and playing the Games, (l) the Company may at its sole discretion, open, maintain and/or close Your Account, as well as seize, retain and\or hold all or part of the funds held in Your account and recover and\or forfeit any and all winnings paid to You or to which You are entitled, and that any such decision by the Company or any other decision by the Company in connection with the Services and/or the Games, shall be final and not subject to dispute or appeal, (m) You shall be solely responsible for maintaining the confidentiality of Your Player’s Details (including Your user name and password required for entering Your Account), and for any and all actions and transactions taken in connection with Your Account by anyone who enters Your Account while using Your Player’s Details, and all such actions and transactions shall be deemed as actions and transactions taken by You, (n) You will immediately inform us of any suspected unauthorized use of Your Account, (o) You shall not make any charge backs and/or deny or reverse any payment made by You in connection with the Services, and You shall reimburse Us for any loss or damage We incur as a result of any such action by You, and in any event You will promptly pay any and all of Your debts to Us, and (p) You shall indemnify Us and hold Us, and Our officers, directors, employees, agents, contractors and suppliers, harmless, from and against all claims, liabilities, damages, losses, costs and expenses, including legal fees, arising out of or in connection with any breach of these Terms of Use by You, and any other liabilities arising out of Your use of the Site or any unauthorized use of the Site by any third party using Your Player’s Details.

You further represent, warrant, acknowledge and undertake, towards the Company, that (a) You will not use Your Account and will not allow any third party to use Your Account for any illegal, unlawful, fraudulent, money laundering or other improper activities, and You shall not break into the Site or attempt to do the same (“Illegal Actions”), (b) in case You will perform any Illegal Action We shall be entitled to disclose any and all of Your Account and information to the relevant authorities, and to suspend and/or cancel Your Account and confiscate any and all funds in Your Account, (c) You shall be solely responsible for all losses, liabilities and damages incurred as a result of any Illegal Action performed by You and You shall indemnify Us for any such losses, damages and liabilities, (d) You have not had an Account in the past which was terminated or suspended by Us, (e) the method of payment (i.e. credit card information) information You provided Us in connection with Your Account are of means of payment owned by You and in Your name (or that the owner of the means of payment provided You with all required consent to use that means of payment for placing a wager via the Site, and you are acting within the confines of that consent) and were not stolen or reported as lost, (g) We are not obligated in any form or manner to validate the consent granted to You by the owner of the means of payment which You use, (h) You are not and You have not notified Us that you are addicted to gambling.

VI. Reservations concerning the Responsibility of the Company and the Site

The Company shall make commercially reasonable efforts to prevent any malfunctioning in the Site's activity. However, in any event of a technical failure in the Site's operating or computer system, human error or force major, the Site will be entitled to cancel Your participation in any of the Games, concerning which the malfunctioning has occurred. In such an event, the responsibility and liability of the Company and/or the Site and/or anyone else who has acted on its behalf or for it, will be limited only to the participation fee sum that was paid to the Site by You for participating in such Game.
In addition to the above, it is clarified that the Company and/or the Site and/or anyone acting on their behalf are not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of data or information and any direct or indirect loss which arises from these occurrences. The Company and/or Site are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line, systems, servers or providers, computer equipment, software failure of email on account of technical problems or traffic congestion on the Internet or at any web site. The Company and/or the Site reserve the right to cancel, terminate, modify or suspend the Games and/or Services if for any reason, the Games and/or Services cannot be conducted as planned, including infection by computer virus, bugs, tampering or unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Company and/or the Site. If any errors result in awarding winnings to You or in an increase in winnings owed or paid to You, You shall not be entitled to these winnings. You shall immediately inform the Company of the error and shall repay any winnings credited to Your Account in error to the Company (as directed by the Company) or the Company may, at its discretion, deduct an amount equal to those winnings from Your Account or set off such amount against any money owed to You by the Company

In no event shall the Company and/or Site and/or anyone acting on their behalf be liable for any direct, indirect, incidental, special or consequential damages or damages for loss of profits, revenue, data or use incurred by any Player or any third party, whether in an action for contract or tort, arising from the access to, or use of, the Site, the Games, the Services or otherwise.

The Company and/or the Site and/or anyone acting on their behalf, make no representations about the suitability, reliability, availability, timeliness and accuracy of the information, software, Games, products and Services contained and/or offered at the Site for any purpose. All information, Games, software, products and Services are provided "as is" without warranty of any kind. The Company and the Site hereby disclaim all warranties with respect to information, software, products, Games and Services contained or offered at the Site, whether express or implied.

In any event, neither the Company nor the Site nor anyone acting on their behalf shall have any liability with respect to any damage or loss that was caused due to reliance, of any type, on the information or any other publication or content appearing at the Site, and the Players and anyone using the Site are invited to verify the information published at the Site.
We shall not be responsible or liable to You in the event of systems or communications errors, bugs or viruses relating to the Services and/or Your Account or which will result in damage to Your hardware and/or software and/or data.
The Company shall not be responsible or liable for any actions or omissions of the Internet Service Provider or any other third party which provides You with access to Our Site or Services.

You accept and agree that random number generator will determine the randomly generated events required in connection with the Services and where the result as received by You conflicts with the result shown on Our server (or servers operated by third parties) the result shown on Our server (or on servers operated by third parties) shall in all circumstances take precedence. You understand and agree that the Company records (or records maintained on its behalf) shall be the final authority in determining the terms of Your use of the Services and You shall have no right to dispute the Company's decisions in regard to such matters.
You will use the Site, Service and Games at your own risk, and We shall not be responsible for any damage or loss You shall incur as a result of modifications, enhancement, termination, suspension or discontinuation of the Site or any of the Games or Services. We will not be responsible for any damage or loss You shall incur as a result of Your use or reliance on the content of any website to which links appear on the Site.

You will indemnify and hold harmless the Company, its officers, directors, consultants and employees against all direct and indirect claims, liabilities, damages, losses, costs and expenses arising from your breach of these Terms of Use.

THE SITE, SERVICES, GAMES, THE SITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH ARE PROVIDED "AS IS", AND WE MAKE NO WARRANTY OR REPRESENTATION, WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE, OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY, NON INFRINGEMENT OF THIRD PARTIES RIGHTS OR OF APPLICABLE LAWS AND REGULATION, OR THAT THE SITE, SERVICES, GAMES, THE SITE CONTENT AND THE SOFTWARE USED IN CONNECTION THEREWITH WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR WILL BE FREE OF VIRUSES OR BUGS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION THROUGH THE SITE OR SERVICES.

VII. Intellectual Property

All the rights, including the intellectual property rights (i.e., patents, copyright, trademarks, service marks, logos, trade names, know-how or any other intellectual property right) concerning the Site, and all of its content (including and programs, files, video, audio, pictures, graphics, pictures text and software), the Games, and/or Services (collectively the “Rights"), are and shall remain the sole and exclusive property of the Company and/or any of its licensors and/or Kamay Ltd. No Player may use any of the Rights without the express prior written approval of the Company, except pursuant to these Terms of Use, and no Player shall by using the Services or otherwise, acquire any rights in any of the Rights. Without derogating from the above, you are strictly prohibited from: (i) copying. redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, translating or making any attempt to access the source code of the Games to create derivate works of the source code; (ii) selling, assigning, licensing, sublicensing, transferring, distributing the Games, and (iii) making the Games or the Site available to any third party.

VII. Miscellaneous.

These Terms of Use and the relationship between You and Us shall be governed by, and construed and interpreted in accordance with, the laws of Belize, and You irrevocably submit to the exclusive jurisdiction of the competent courts of Belize with respect to any dispute regarding the validity, breach, interpretation, performance or otherwise arising out of or in connection with these Terms of Use.

The Company may, at any time, set off any positive balances in Your Account against any amount owed by You to Us.

We reserve the right to limit or refuse any bet, stake or other wager made by You or through Your Account.

All promotions, bonuses or special offers are subject to promotion-specific terms and conditions and any complimentary bonus credited to Your Account must be used in adherence with such terms and conditions. We reserve the right to withdraw any promotion, bonus or special offer at any time. In the event that the Company believes You are abusing or attempting to abuse a bonus or other promotion, or are likely to benefit through abuse or lack of good faith, then the Company may, at its sole discretion, deny, withhold or withdraw from You any bonus or promotion, or rescind any policy with respect to You, either temporarily or permanently, or terminate and\or block Your access to the Services and/or Your account without being under no obligation to pay You any funds held in Your Account.

These Terms of Use and the other terms and conditions referred to herein or incorporated by reference hereto, constitute the entire agreement between You and Us with respect to the subject matter hereof and supersedes any and all prior agreement between the Company and You in relation to the same. You confirm that, in agreeing to accept this Agreement, You have not relied on any representation for any express representation made by the Company in this Agreement.

We may transfer or assign any and all of Our rights and obligations hereunder to any third party. without derogating from the above, the Site and\or any of the Services may be operated by third parties You may not transfer, assign or pledge in any manner whatsoever any of your rights or obligations under this Agreement.

Unless explicitly stated in this Agreement, nothing in this Agreement shall: (i) be construed as creating any agency, arrangement, trust of fiduciary relationships or any similar relationship between You and Us; (ii) create or confer any rights or benefits to any third party, or (iii) grant You any security interest in any asset of the Company, including (but not limited to) any sum held in Your account held with Us.

We may provide You with notices with respect to or in connection with this Agreement in an e-mail and/or through the Site, and such notice shall be deemed received by You within 24 hours from the time they are sent to You in the aforesaid manner.

We shall be entitled, in our sole discretion, to amend, modify, or discontinue, from time to time, any of the Services and/or Games, and/or bonuses and/or promotions and/or introduce new Games, Services, bonuses, and/or promotions. The Company shall not be liable for any loss suffered by You resulting from any changes made and You shall have no claims against the Company in such regard.

This Agreement has been drafted in the English language. In the event of any discrepancy between the meanings of any translated versions of this Agreement and the English language version, the meaning of the English language version shall prevail.

No failure or delay on Our part in exercising any right, power or remedy thereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or remedy preclude any other or further exercise thereof or the exercise of any other right, power or remedy.

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from these Terms of Use and the remainder of these Terms of Use shall be interpreted as if such provision was so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms of Use shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction