TERMS & CONDITIONS
“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.
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.
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").
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.
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
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.
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.