Terms of Service

Version 1.0

Words capitalized in these Terms of Service have the specific meanings given to them in the Definitions section at the end of these Terms of Service.

Sunflower Limited (“we”, “us”, “our”, “Sunflower”) trading as iCasino operates the website made available at www.icasino.com and all subdomains, including the Games, Content, features, tools and services offered there and our mobile apps (the “Website”), and on our associated social media pages (together, the “Platform”).

Please read these Terms of Service carefully, and the incorporated policies in their entirety before registering a User Account, or playing any Game. By registering a User Account and confirming your acceptance during the User Account registration process, and/or playing any Game, you confirm that you have read, understood and agree to be bound by the legal agreement between you and us, consisting of:

  1. these Terms of Service;
  2. the incorporated Privacy Policy and Responsible Social Play Policy (“Our Policies”); and
  3. any other specific terms that may apply to your access and use of the Platform, for instance terms applying to a specific promotion we run (“Special Terms”),

(together, the “Customer Agreement”)

If you do not agree with any of the provisions of these Terms of Service, Our Policies, or any Special Terms, and/or you do not want to enter into a legal agreement with us, you must not register a User Account, you must not play any Game and you must not otherwise access or use the Platform or any part of it.

Please note:

  • The Platform and Games offer social play only and do not involve any real money gambling. No real money is required to access and use the Platform or play our Games.
  • THESE TERMS OF SERVICE INCLUDE A PROVISION (CLAUSE 13) WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AND REQUIRING YOU TO PURSUE CERTAIN DISPUTES THROUGH INDIVIDUAL ARBITRATION UNLESS YOU OPT-OUT WITHIN THE SPECIFIED TIME FRAME.
  • Only persons located in the United States (excluding Idaho, Michigan, Nevada, Washington and any outlying U.S. territories and possessions) are permitted to register a User Account on the Platform.

1. Your Eligibility

  1. In order to access and use the Platform and play the Games, you must:
    1. be at least 18 years of age;
    2. be at least of the legal age of majority in the jurisdiction in which you normally reside;
    3. not reside in an Excluded Jurisdiction; and
    4. not be our personnel, a member of our personnel’s respective immediate family and/or household, or the personnel of our subcontractors, suppliers or service providers.
  2. You warrant and represent that:
    1. you will not use the Platform or play the Games from an Excluded Jurisdiction;
    2. you will only access and use the Platform and play the Games for personal and recreational purposes, and not on behalf of any third party;
    3. you will provide us with information that is correct, accurate, complete, up to date and not misleading, and you will promptly notify us if there are any changes to the information you have provided to us to maintain its correctness, accuracy and completeness;
    4. when purchasing IC Coins, you will only use a Payment Method that is held in your name, and that is not a business or corporate financial account, and you will not use any funds that have been obtained as a result of, or that are otherwise tainted by, illegal activity;
    5. you will not access or use the Platform or play any Game in connection with any fraud, collusion or any other illegal activity;
    6. you must not, and must not attempt to, sell or trade for value, any IC Coin and/or your User Account to any third party;
    7. your use and access of the Platform and play of the Games will be lawful; and
    8. you understand that a breach of this clause 1 is a material breach of the Customer Agreement and in some circumstances, you may also be committing fraud or another offence that could be the subject of criminal prosecution.

2. Your User Account

Registering your User Account

  1. You must only have one (1) User Account on the Platform, including any Unused Account on the Platform. You must promptly notify us in writing if you become aware that you have registered more than one (1) User Account on the Platform.
  2. If you register or attempt to register more than one User Account on the Platform, we may take any of the steps set out in clause 11 of these Terms of Service, including suspending or closing all or some of those User Accounts.
  3. When registering your User Account:
    1. you must provide us with your full name, email address, residential address and cell phone number, and any other information we request from you during the registration process;
    2. you must register your full name that is identical to the name that is listed on your government-issued identification; and
    3. you must register a valid email address owned by you, and a secure password that only you know as your Platform login details. Alternatively, you may register a User Account via the Facebook® or Google® login functionality, in which case you will be able to login to your User Account on the Platform by using your account username and password for Facebook® or Google® (as applicable).

Responsibility for your User Account

  1. You must not share or permit access to your User Account or User Account password to any third party, or do any other thing that would jeopardize the security of your User Account or User Account password.
  1. You are solely responsible for your User Account, including:
    1. ensuring your User Account password is kept safe and secure, and only accessible by you; and
    2. any use or access of, or activity on the Platform using or in connection with your User Account, including any Game play or purchase of IC Coins,

    regardless of whether such activity using your User Account was undertaken by you.

  1. It is your sole responsibility to ensure that at all times, all information recorded in connection with your User Account is accurate, correct, complete and up to date.
  2. You must promptly notify us of any changes to your name, residential address, email address, phone number or any other information that we hold about you so that we can update your User Account accordingly.
  3. You must not sell, trade for value or otherwise transfer your User Account or any IC Coin to any third party, including from your User Account to another person’s User Account.
  4. You must only acquire a User Account and IC Coins from us.

Unused Accounts

  1. Any User Account that has not recorded a login for a period of 12 consecutive months will be deemed to be an Unused Account.
  2. You agree that we have the right to close your User Account if it becomes an Unused Account.
  3. Any IC Coins held in or connected to a User Account will be forfeited when a User Account becomes an Unused Account, and you agree that we may determine, in our sole discretion, whether to later reinstate any IC Coins that have been so forfeited.

Closing your User Account

  1. You may close your User Account by contacting us via Customer Support.
  2. You understand and agree that when you close your User Account, all IC Coins, then held in or connected to your User Account are forfeited, and that we may determine, in our sole discretion, whether to reinstate any IC Coins if your User account is later reopened.
  3. You understand and agree that we have the right to suspend and/or close any User Account, or refuse or deny the opening or re-opening of any User Account at any time in our sole discretion.
  4. If we close and/or suspend your User Account:
    1. for any of the reasons set out in clause 11 of these Terms of Service, then the consequences set out in clause 11 of these Terms of Service will apply; and
    2. for any reason, then the License will also be deemed to have been terminated (unless and until we reopen or un-suspend your User Account, in our sole discretion).

Errors

  1. If we credit IC Coins your User Account by mistake, whether due to technical or human error, such IC Coins will remain our property and will be deducted from the balance held in your User Account.
  2. You must promptly notify us via Customer Support if you discover that we have mistakenly credited IC Coins to your User Account.

3. License

  1. Subject to your acceptance of and compliance with the Customer Agreement, we hereby grant you a non-exclusive, personal, revocable, non-transferrable, non-sublicensable license to access and use the Platform, including the Content and our Games, solely for personal and recreational purposes, when you are located in a jurisdiction that is not an Excluded Jurisdiction.
  2. Neither this License nor the Customer Agreement grant you any right of ownership over the Platform, Content or Games, or any right, title or interest in the Intellectual Property Rights in the Platform, Content or Games.
  3. Any breach of the terms of the License will constitute a material breach of the Customer Agreement.

4. Identification and Verification

  1. You understand and agree that we are entitled to undertake any identification, credit and other verification checks that we deem necessary. These checks may be required under applicable law, to prevent the occurrence of financial crime or as we otherwise deem necessary, at any time, in our sole discretion.

5. The Games

Gameplay

  1. Each of our Games has its own rules. All Game rules are accessible via the Website. It is your sole responsibility to read, understand and follow the rules of each Game.
  2. You understand and agree that you must hold sufficient IC Coins to engage in Social Play.
  3. You understand that only IC Coins, and no other virtual currency, may be purchased via the Platform.
  4. When you use IC Coins for Game play, those IC Coins will be instantly drawn from your balance of IC Coins that is held in your User Account and the wager made using those IC Coins cannot thereafter be changed, withdrawn or cancelled, and we will not return any IC Coins drawn from your User Account to play the Games.

IC Coins

  1. You understand and agree that:
    1. we may, at our sole discretion, change the minimum and maximum amounts of IC Coins that may be purchased at any time and from time to time;
    2. your purchase of IC Coins is the purchase of a license that grants you access to Social Play;
    3. IC Coins do not have any real money value, are not transferrable and cannot be redeemed for value, any other virtual currency or any other thing;
    4. IC Coins may only be purchased using US dollars and it is your sole responsibility to ensure that your Payment Method used to purchase IC Coins is capable of transacting in US dollars;
    5. upon your purchase of IC Coins, we will promptly draw an amount corresponding to the value of the IC Coins you have purchased from your Payment Method. It is your sole responsibility to ensure you have sufficient funds in your Payment Method to cover your purchase of IC Coins;
    6. you are solely responsible for, and you must indemnify us in respect of all reversals, chargebacks, claims, fees, fines, penalties and any other damage and loss suffered or incurred by us that was caused or contributed to by payments that were authorized or accepted using your User Account (regardless of whether they were actually authorized by you);
    7. you are solely responsible for all fees and charges that you may incur in connection with your IC Coin purchases;
    8. we do not and will not extend any credit for any purpose, including to purchase IC Coins;
    9. your purchase of IC Coins is not a deposit of funds with us, which can then be withdrawn; and
    10. your purchase of IC Coins is final and any funds used to purchase IC Coins are not refundable, exchangeable, redeemable or transferrable.

6. Promotions we run

  1. All our promotions, including contests, bonuses and other special offers are governed by the Customer Agreement.
  2. Each promotion may also be subject to additional Special Terms specified in the relevant promotion.
  3. To the extent of any inconsistency between these Terms of Service and any Special Terms, these Terms of Service shall prevail.
  4. You understand and agree that:
    1. we have the right to withdraw and/or modify any of our promotions at any time, without notice to you;
    2. if we have reasonable grounds to believe that you have or will abuse any promotion that we offer to derive any advantage (including any bonus) for yourself and/or any third party, then we may cancel, withhold or refuse such advantage at our sole discretion; and
    3. you hereby grant us and our suppliers a perpetual, irrevocable, worldwide, royalty-free license to use any content that you post or publish as part of any promotion, contest or competition that we run for any purpose without any further acknowledgement of you as the author or otherwise.

7. Payment Administration Agent

  1. You acknowledge and agree that:
    1. we may, from time to time, in our sole discretion, appoint any of our affiliates as Payment Administration Agent to use merchant facilities and make and/or accept payments on our behalf to or from you;
    2. any Payment Administration Agent will have the same rights that we have under the Customer Agreement and is entitled to exercise and enforce its rights under the Customer Agreement in its capacity as our agent and/or in its own capacity; and
    3. under no circumstances will we be liable to any User for any loss or damage suffered or incurred by them resulting from the negligence of any Payment Administration Agent nor for any act or omission of any Payment Administration Agent that is outside the scope of the authority granted by us.
  2. All payments made on or in connection with the Platform are processed by our Payment Administration Agent on our behalf.
  3. You hereby authorize us and any Payment Administration Agent to store your payments information in accordance with applicable laws for the purpose of processing future payment transactions you request.

8. Prohibited Conduct

Unlawful activities

  1. We take theft, fraud, money laundering and financial crime seriously. All transactions conducted on the Platform are actively and closely monitored to prevent the use of our Platform to commit crimes and other unlawful activity.
  2. You must not use the Platform or any part of it, whether directly or indirectly, for or in connection to any unlawful, fraudulent or prohibited conduct that would be in contravention of applicable laws.

Acceptable Use

  1. Without limiting any other prohibitions provided in the Customer Agreement, you must not, must not attempt to and must not permit any person to:
    1. access any other person’s User Account on the Platform other than your User Account;
    2. upload or enter into the Platform, any content about another person without the relevant person’s consent, or use the Platform to violate all or any legal rights of any person in any jurisdiction;
    3. use the Platform (including by any intentional access, creation, modification, transmission, distribution or storage of information, data or material) in a way that is in breach of Applicable Data Privacy Laws;
    4. use the Platform or any part of it in in connection with crimes, including but not limited to theft and fraud;
    5. provide us with false, misleading, counterfeit, doctored or otherwise fraudulent documents or information;
    6. chargeback IC Coin purchases that you made on the Platform;
    7. use the Platform in breach of any applicable laws, including but not limited to, laws relating to the protection of copyright, trade secrets, patents or other intellectual property and laws relating to spam;
    8. use the Platform or any part of it, to make unauthorized copies of copyrighted material including, but not limited to, downloading or installing any copyrighted software for which you do not have an active license;
    9. use the Platform or any part of it in connection with the provision of negligent, fraudulent or unlawful services;
    10. use the Platform or any part of it, for any form of computer hacking or introduction of malicious programs into our networks, computers or servers, or those of our service providers (e.g., viruses, worms, Trojan horses, e-mail bombs, broadcast attacks or any other flooding techniques), or to otherwise violate the security or integrity any of our networks, computers or communications systems or software applications, or those our service providers;
    11. disclose your User Account password to any other person, or allow the use of your User Account by any other person who is not authorized to do so including by attempting to probe, scan or test the vulnerability of a User Account or the Platform;
    12. use the Platform or any part of it to actively do any thing that would make a person feel offended, humiliated, harassed or intimidated, or procure or transmit material that is in violation of sexual harassment or workplace conduct laws;
    13. use the Platform or any part of it to upload, store, display, transmit content that is invasive, defamatory or obscene including but not limited to content that constitutes child-pornography, relates to bestiality, or depicts non-consensual sexual acts of any kind;
    14. use the Platform to carry out security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access or corrupting any data, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
    15. use the Platform or any part of it to execute any form of network monitoring or crawling which will intercept data not intended for you without authorization;
    16. attempt to, or actually circumvent user authentication or security of any of our hosts, networks or accounts or those of our customers or suppliers;
    17. use the Platform or any part of it to interfere with or deny service to anyone;
    18. use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any persons’ use of the Platform;
    19. send unsolicited email messages through or to users of the Platform in breach of the CAN-SPAM Act;
    20. use the Platform or any part of it to send any form of harassment via email or any other form of messaging. For the voidance of doubt, the language used, frequency, or size of messages are all relevant (but not the only relevant factors) to what constitutes harassment;
    21. use the Platform or any part of it in breach of any person’s privacy (such as by way of identity theft or “phishing”);
    22. attempt to, or gain unauthorized access to the Games or the Platform or any part of them;
    23. attempt to, or actually alter, reverse engineer, or reverse-assemble the Games, Content or the Platform or any part of them; and/or
    24. engage in any cheating, collusion, or any form of illegal money transfer.

Suspected prohibited activity

  1. We reserve the right to immediately suspend, close or otherwise restrict your User Account if we suspect that you are or have been involved in, or in any way have attempted to, engage in any fraudulent, unlawful, or improper activity, in connection with the Platform or the Games, in which case:
    1. we have no obligation to and will not reverse any IC Coin purchases; and
    2. we may share information about you and any suspected unlawful, fraudulent, or prohibited transactions or conduct, with any relevant regulator and/or law enforcement authority;
  2. You must provide all cooperation in relation to any investigation into any suspected unlawful, fraudulent, or prohibited activity.

Your responsibility to report suspected prohibited activity

  1. You must promptly notify us via Customer Support if you suspect that any person is or has conducted any unlawful, fraudulent or improper activity in connection with the Platform or the Games.

9. Errors, disruptions and changes to the Platform

  1. The Platform is provided ‘as is’.
  1. To the maximum extent permitted under applicable law, we
    1. make no warranties or representations; and,
    2. expressly exclude all implied warranties

    in respect of the Platform and any part of it.

Malfunctions

  1. You understand and agree that:
    1. we are not and you will not hold us responsible or liable for any Errors in connection with the Platform including during Game play or in relation to your attempt to use the Platform or play Games in a manner not intended by us; and
    2. we are not, and you will not hold us, responsible or liable for any damage or loss suffered or incurred by you or any third-party in connection with your or any third-party’s use of the Platform or any part of it, including any Errors in the Content.
  2. You understand and agree that we reserve the right to declare, at our sole discretion, your gameplay of any Game void either partially or in full, if we determine that there was any malfunction, Error, mistake or otherwise improper operation of the Platform or Games, including but not limited to in connection to the pay-table, win-table, minimum or maximum stakes, odds or the Game software.
  3. If there is any discrepancy between the result showing on your end, and the result showing on our end or on our Game provider’s software, then the result showing on our end or on our Game provider’s software will be deemed correct, and will be the prevailing result.
  4. If the Platform or any part of it experiences a system malfunction, all Game play on the Platform becomes void.
  5. In the event a Game fails to conclude due to a system malfunction, we will use reasonable efforts to reinstate any lost IC Coins to your User Account.
  6. If, for any reason, we confirm that your IC Coins or winning Game play have been erroneously deleted, lost, corrupted or otherwise destroyed, our sole liability and your sole remedy for such loss will be the replacement of the equivalent amount of IC Coins that were erroneously destroyed.

Updates and Changes to the Platform

  1. We may at any time, at our sole discretion and without notice to you:
    1. update the Platform, and update, add and/or remove any Game and/or Content from the Platform; and
    2. remove, suspend or otherwise cease to make available in your jurisdiction, the Platform, any Game, any Content and/or any part of them.
  2. You understand and agree that we are not liable for any loss or damage suffered or incurred by you in connection with any update, addition, removal, suspension, unavailability, and/or cessation of the Platform, any Game, any Content and/or any part of them.

10. Incorporated Policies

  1. The following incorporated policies form part of these Terms of Service and therefore form part of the Customer Agreement between you and us with respect to your use and access of the Platform or any part of it:
    1. Privacy Policy; and
    2. Responsible Social Play Policy.

Responsible social play

  1. We take responsible social Game play seriously. Our Responsible Social Play Policy is incorporated into these Terms of Service and we take active steps to encourage responsible social Game play in accordance with our Responsible Social Play Policy.
  2. You can contact Customer Support to request to take a break, suspend, or otherwise exclude yourself from the Platform for a set period, or to permanently self-exclude or close your User Account, at any time.
  3. We will use reasonable efforts to action any request you make in accordance with these Terms of Service within 24 hours of our confirmation of receipt of your request. However, you understand and agree that it may take a reasonable time, in some instances up to 48 hours or more from our confirmation of receipt of your request, to action your request.
  4. You agree that we are not responsible or liable, and you will not hold us responsible or liable if you are able to breach or circumvent any restrictions placed on your User Account, in our attempt to action your request.

Privacy and marketing communications

  1. We take our privacy obligations seriously and are committed to ensuring our compliance with all Applicable Data Privacy Laws.
  2. Our Privacy Policy is incorporated into these Terms of Service. By accepting and agreeing to be bound by these Terms of Service, you understand and agree that you have also read and accepted our Privacy Policy.
  3. We may send you marketing communications about our goods and services by email, post, SMS and push notification. If you would like to update your marketing communication preferences at any time, please contact us at [email protected].

11. User Account closure and suspension

  1. Without limiting any other provision of the Customer Agreement between you and us, you understand and agree that we have the right to suspend, close and/or otherwise restrict your User Account at any time and at our sole discretion, if we believe on reasonable grounds, that:
    1. you have breached, or you assisted another person to breach the Customer Agreement, including our Privacy Policy, Responsible Social Play Policy and any other Special Terms;
    2. you have more than one (1) User Account registered on the Platform, including any Unused Account;
    3. you have provided us with incorrect, false, fraudulent and/or misleading information or documentation;
    4. you have failed to satisfactorily complete our User Account verification or other due diligence procedures, including where your identity, residential address and/or source of wealth cannot be verified;
    5. you have engaged in, or attempted to engage in any fraud, cheating, collusion, money laundering or financial crime;
    6. the name registered on your User Account does not match the name that your Payment Method that you use, or attempt to use, to purchase IC Coins, is held in;
    7. you use, or attempt to use any technology (including a VPN or proxy) that hides or otherwise masks your real location at any time you access or use the Platform;
    8. you use the Platform or any of part of it from an Excluded Jurisdiction or another jurisdiction where Participation is unlawful;
    9. you are not at least 18 years old and of the legal age of majority in the jurisdiction in which you normally reside;
    10. we receive a chargeback, claim, dispute or return notification via the provider of your Payment Method;
    11. you have permitted (whether knowingly or not) another person to use and access the Platform using your User Account;
    12. you have gained or attempted to gain an unfair advantage on the Platform, including by use of any system or technology;
    13. you have colluded, or played in tandem, or attempted to collude or play in tandem with at least one (1) other person in a coordinated manner to gain an advantage on the Platform or any part of it;
    14. any email or other communication with us includes racist, sexist, explicit and/or derogatory language, or any other form of offensive content or behavior;
    15. your User Account becomes an Unused Account; and/or
    16. you become bankrupt.
  2. You understand and agree that without limiting any of our other rights, whether under the Customer Agreement or otherwise, if we close, suspend and/or otherwise restrict your User Account in accordance with clause 11 of these Terms of Service:
    1. you will be liable for, and must indemnify us in respect of, any loss, costs and damage that we may suffer and/or incur in relation to your conduct that gave rise to such closure and/or suspension of your User Account in accordance with clause 11;
    2. we may withhold any IC Coins held in your User Account at the time your User Account is so suspended, closed and/or otherwise restricted.

12. Indemnity and Liability

  1. YOU ACCEPT AND AGREE THAT YOU MUST INDEMNIFY AND HOLD HARMLESS US, OUR SUPPLIERS, SERVICE PROVIDERS, OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND AGENTS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL DAMAGE AND LOSS OF ANY KIND SUFFERED OR INCURRED BY THE INDEMNIFIED PARTIES ARISING FROM OR IN CONNECTION WITH:
    1. YOUR ACCESS AND/OR USE OF THE PLATFORM OR ANY PART OF IT;
    2. THE ELECTRONIC DEVICES YOU USE TO ACCESS AND USE THE PLATFORM OR ANY PART OF IT;
    3. YOUR PURCHASE OR RECEIPT OF IC COINS (AS DEFINED BELOW);
    4. ANY USE OF THE CONTENT (AS DEFINED BELOW) IN BREACH OF THE CUSTOMER AGREEMENT; AND
    5. YOUR BREACH OF OUR (OR OUR LICENSORS’) INTELLECTUAL PROPERTY RIGHTS (AS DEFINED BELOW).
  2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR SUPPLIERS OR SERVICE PROVIDERS, OUR AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, FOR THE AVOIDANCE OF ANY DOUBT, FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, IN EACH CASE THAT ARISES FROM OR IN CONNECTION WITH THE CUSTOMER AGREEMENT, OUR ACTS OR OMISSIONS, THE PLATFORM (AS DEFINED BELOW) OR ANY PART OF IT.
  3. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR, OUR SUPPLIERS, OUR SERVICE PROVIDERS’, OUR AFFILIATES’, AND EACH OF THEIR RESPECTIVE DIRECTORS’, OFFICERS’, EMPLOYEES’, SUPPLIERS’ AND AGENTS’ MAXIMUM AGGREGATE LIABILITY UNDER THE CUSTOMER AGREEMENT IS LIMITED TO AN AMOUNT EQUAL TO THE VALUE OF THE IC COINS THAT YOU HAVE PURCHASED FROM US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING YOUR FIRST CLAIM MADE AGAINST ANY OF THEM. IF YOU HAVE NOT PURCHASED ANY IC COINS FROM US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING YOUR FIRST CLAIM MADE AGAINST ANY OF US, OUR AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS OR AGENTS, THEN YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RESPECT OF ANY CLAIM MADE AGAINST US IS TO CLOSE YOUR USER ACCOUNT AND CEASE YOUR ACCESS AND USE OF THE PLATFORM.
  4. YOU UNDERSTAND AND AGREE THAT THE INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THIS CLAUSE 12 ARE REASONABLE AND NECESSARY TO PROTECT OUR, OUR SUPPLIERS, OUR SERVICE PROVIDERS’, OUR AFFILIATES’ AND EACH OF THEIR RESPECTIVE DIRECTORS’, OFFICERS’, EMPLOYEES’, SUPPLIERS’ AND AGENTS’ LEGITIMATE INTERESTS, AND THAT YOU HAVE CONSIDERED THEM AND TAKEN THEM INTO ACCOUNT WHEN YOU ACCEPTED, AND AGREED TO BE BOUND BY, THE CUSTOMER AGREEMENT.
  5. THIS CLAUSE 12 WILL SURVIVE THE EXPIRY OR TERMINATION OF THE CUSTOMER AGREEMENT.

13. Dispute Resolution and Arbitration Agreement

General

PLEASE READ THE FOLLOWING CLAUSE CAREFULLY BECAUSE IT REQUIRES YOU AND US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM THE OTHER.

By agreeing to these Terms of Service, you and Sunflower agree that any and all past, present and future disputes, claims or causes of action between you and Sunflower arising out of or relating to these Terms of Service, the Platform, the formation of these Terms of Service, our relationship or any other dispute between you and Sunflower or any of Sunflower’s licensors, distributors, suppliers or agents (including but not limited to any application store or platform from which the Platform is accessed or downloaded), and whether arising prior to or after your agreement to this Clause, (collectively, “Dispute(s)”) will be governed by the procedure outlined below. You and Sunflower further agree that, except solely as set out in clause 13.8 below, any arbitration pursuant to this clause 13 shall not proceed as a class, group, mass or representative action.

If your Country of Residence is in the European Economic Area, no provision in this clause 13 shall exclude or restrict any of your statutory rights you may have as a consumer.

If your Country of Residence is the United States, the agreement to arbitrate contained in this clause 13, its scope and enforcement shall be governed by the Federal Arbitration Act.

Informal Dispute Resolution

  1. We are committed to providing a positive experience on our Platform. As such, the parties shall first attempt to resolve any Dispute informally for at least 60 days before initiating arbitration. The informal negotiations begin upon the sending of a properly addressed written notice from one party to the other (“Notice of Dispute”). The Notice of Dispute must:
    1. include the full name and contact information of the complaining party;include additional information to identify the complaining party and the relevant player’s User Account(s), including email address(es) used to establish your User Account(s);describe the nature and basis of the Dispute; andset forth the specific relief sought.
    We will send our Notice of Dispute to your postal or email address. Any Notice of Dispute to Sunflower shall be sent to [email protected]
    If a Dispute is not resolved within sixty (60) days after the Notice of Dispute is sent, you or Sunflower may initiate formal action as described below. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

We Both Agree to Arbitrate

  1. By agreeing to these Terms of Service, you and Sunflower each and both agree to resolve any Disputes through final and binding arbitration as discussed herein, except as set forth under “Exceptions to Agreement To Arbitrate” below.

Opt Out of Arbitration Agreement

  1. You may decline this agreement to arbitrate by notifying us at [email protected] within thirty (30) days of first accepting these Terms of Service and stating that you decline this arbitration agreement. You must include your name, email address and postal address and you must personally hand-sign and date your notice. You can attach the notice to your email as a PDF, photograph or by any other means that clearly displays the required information and demonstrates that you have complied with these requirements. By opting out of the agreement to arbitrate, you will not be prohibited from accessing or using the Platform, but you and we will not be able to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein. For avoidance of doubt, in the event you exercise your right to opt out of the agreement to arbitrate, clause 13.1 and those limitations and restrictions applicable to litigation that are set out in clauses 13.9 of this clause 13 (and the judicial forum selection provision set out in clause 18.9) shall continue to apply to you. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms of Service you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Platform, that existing arbitration agreement will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you. The remainder of these Terms of Service (aside from any opted-out provisions of this clause 13) shall supersede the prior version.

Arbitration Procedures and Fees

  1. If your Country of Residence is the United States, you and Sunflower agree that JAMS (www.jamsadr.com) (JAMS) will administer the arbitration under its Streamlined Rules in effect at the time the arbitration is sought (JAMS Rules and Procedures). Those rules are available at http://www.jamsadr.com. The arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). Any arbitration will be held in the state of Virginia, or, at your election, will be conducted telephonically or via other remote electronic means. The payment of any arbitration fees will be governed by the JAMS Rules and Procedures, and the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.
  2. If your Country of Residence is not the United States, you and Sunflower agree that the Israeli Institute for Business Arbitration (https://borerut.com/en/homepage-eng/) (IICA) will administer the arbitration, which shall be conducted in accordance with its rules in effect at the time arbitration is sought, and in accordance with the Israeli Arbitration Law, 5784-2024. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. You and Sunflower further agree that the arbitration will be held in English and in Tel Aviv-Jaffa (Israel), or, if you so elect, all proceedings can be conducted telephonically or via other remote electronic means. The IICA rules will govern payment of all arbitration fees.
  3. All arbitration proceedings and resulting awards conducted pursuant to clause 13 shall be confidential. Any such award may not be disclosed to third parties other than to a party’s legal, accounting or financial advisors (each of whom shall be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce or recognize the award or (iii) otherwise as required or permitted by applicable law.

Appeals

  1. You and Sunflower agree that any award issued by an arbitrator appointed by JAMS pursuant to this clause 13 may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.

Mass Arbitration

  1. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against Sunflower (including its subsidiaries or affiliates), presented by or with the assistance of the same law firm or organization or group of law firms or organizations acting together, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines (JAMS Mass Rules) shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. Arbitrators and the JAMS Process Administrator appointed in accordance with this clause 13.8 must be retired judges with experience arbitrating or mediating disputes. All provisions of this clause 13 that are not in conflict with the JAMS Mass Rules, including the appointment process for the arbitrators, shall continue to apply.

Waiver of Class Action and Collective Arbitration

  1. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW (AND EXCEPT AS EXPRESSLY PROVIDED IN CLAUSE 13.8), NEITHER YOU NOR SUNFLOWER SHALL BE ENTITLED:
    1. TO CONSOLIDATE, COORDINATE OR JOIN ANY DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES;
    2. TO PARTICIPATE IN ANY GROUP, CLASS, MASS OR COLLECTIVE ARBITRATION;
    3. TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS;
    4. TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR
    5. OTHERWISE TO SEEK RECOVERY OF LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY,
    IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. ANY CHALLENGE TO THE VALIDITY OR ENFORCEABILITY OF THIS CLAUSE 13.9 SHALL BE DETERMINED EXCLUSIVELY BY THE ARBITRATOR. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS, IN THE EVENT ALL OR ANY PORTION OF CLAUSES 13.7, 13.8 OR 13.9 OF THIS CLAUSE 13 IS FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE (BUT NOT THOSE LIMITATIONS AND RESTRICTIONS APPLICABLE TO LITIGATION THAT ARE SET OUT IN CLAUSES 13.1 AND 13.9) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY’S ELECTION.

Exceptions to Agreement to Arbitrate for Temporary Relief

  1. Notwithstanding the other provisions of this clause 13, either you or Sunflower may bring an action in a court authorized by clause 18.9 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.
  2. Additionally:
    1. If your Country of Residence is the United Kingdom or in the European Economic Area, notwithstanding your and Sunflower’s agreement to arbitrate Disputes, either you or Sunflower also may assert claims, if they qualify, through the small claims process in the courts of your Country of Residence. If your Country of Residence is in the European Economic Area, you may also use the Online Dispute Resolution platform offered by the European Commission https://ec.europa.eu/consumers/odr/. Please note that Sunflower shall not be required to use this or any other alternative dispute resolution platform.
    2. If your Country of Residence is not the United States, the United Kingdom or in the European Economic Area, notwithstanding your and Sunflower’s agreement to arbitrate Disputes, either you or Sunflower may also assert claims, if they qualify, through the Small Claims Court in Tel Aviv-Jaffa, Israel.

14. Intellectual Property Rights

  1. You understand and agree that:
    1. all rights, title and interest in the Intellectual Property Rights in the Platform, or any part of it, including the Games and the Content and any modifications to it, including in any updates, upgrades, derivative works, adaptations, new versions and enhancements in and/or to the Platform or any part of it, including the Games and the Content (“Modifications”), are owned by us (or our licensors);
    2. nothing in the Customer Agreement constitutes an assignment of any Intellectual Property Rights to you; and
    3. if you own any of the Intellectual Property Rights in the Platform and Modifications, you hereby assign all such Intellectual Property Rights to us, including any future copyright in the Platform, any part of it and/or in any Modifications.
  2. You must not:
    1. use, reproduce, copy or modify the Platform or any part of it, including the Games and the Content; and/or
    2. do anything (whether directly or indirectly) that would or might invalidate or put in dispute our (or our licensors’) title in the Platform, any Content or Games, and/or in any Modifications.
  3. You hereby assign to us all and any Intellectual Property Rights in all and any feedback, suggestions, or comments made in respect of the Platform or any part of it and any requests for new features, that you may make or suggest regarding them (each, an Improvement Suggestion). Each such Improvement Suggestion becomes our sole and exclusive property, and this assignment becomes effective when you make the Improvement Suggestion to us. You agree to, upon request from us, provide an irrevocable and freely given written consent for the infringement of any Moral Rights that you may have in any such Improvement Suggestions by us, our licensors and any third party that we authorize.
  4. You hereby grant us an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use for any purpose, any words, images, videos and/or audio that you post, publish, input or upload to the Platform, including any social media page controlled by us.

15. Third-Party Links

  1. Our Platform or any part of it, including our Website, may include links to third-party websites, plug-ins and applications (“Third-Party Links”). You understand and agree that:
    1. clicking on Third-Party Links may allow third parties to collect or share data about you;
    2. we do not control or endorse these Third-Party Links;
    3. we are not responsible for the privacy practices of third-parties;
    4. we strongly encourage you to read third-parties’ privacy policies so that you understand how they may collect and process your Personal Information.
  2. We are not responsible or liable for any words, images, videos and/or audio that you post, publish, input or upload to the Platform, including any social media page controlled by us.
  3. We do not authorize any third-party to offer IC Coins. You understand and agree that:
    1. some third-party websites may offer IC Coins;
    2. any such offers advertised on third-party websites should be considered as fraudulent; and
    3. we are not responsible for any IC Coins not offered by us.

16. Customer Support

  1. Our Customer Support can be contacted via email to [email protected] and by telephone on +1 (201) 535-4587.
  2. If you are contacting our Customer Support via email, you must use the email address registered on your User Account.
  3. When contacting our Customer Support, you must provide us with the following information:
    1. your username registered on your User Account;
    2. your full name registered on your User Account;
    3. the reason for your enquiry or complaint; and
    4. all relevant information and supporting materials relating to your enquiry or complaint (if any), including any relevant dates, times and screenshots.
  4. Our Customer Support team will use reasonable efforts to investigate and respond to enquiries and complaints within ten (10) days of receipt of your enquiry or complaint, or will inform you that we require additional time to investigate and respond to your enquiry or complaint within ten (10) days of receipt of your enquiry or complaint.
  5. If you do not comply with this clause 16, our investigation into, and any response to, your enquiry or complaint may be delayed.

17. Notices

  1. Any notice that is given under the Customer Agreement must be in writing and must be sent by email to:
    1. in the case of our notice to you, your email address then registered on your User Account; and
    2. in the case of your notice to us, by email to [email protected] and including the information set out in clause 16 of these Terms of Service.
  2. Notices sent in accordance with this clause 17 of these Terms of Service shall be deemed received at 9am on the next Business Day following the day of sending, except where the sending party receives an automated response that the email transmission failed, in which case the automated response shall be treated as proof that the notice was not received.

18. General

  1. Force majeure: We are not liable or responsible for any failure to perform, or the delay in performance of, any of our obligations under the Customer Agreement that is caused by events outside of our reasonable control.
  2. No relationship: Nothing in the Customer Agreement shall in any way be deemed to establish any relationship of association, partnership, joint venture or agency between the parties, or be construed to evidence the parties’ intention to establish any such relationship. Nothing in the Customer Agreement shall authorize, empower or grant any right or authority to, whether express or implied, make any representation, or to assume or create any obligation on behalf of any other, or to bind any other party in any manner.
  3. Inconsistency: To the extent of any inconsistency between these Terms of Service and any other information or document provided to you by us, these Terms of Service shall prevail.
  4. Entire agreement: The Customer Agreement, including these Terms of Service, our Privacy Policy, Responsible Social Play Policy and any Special Terms, constitute the entire agreement between you and us with respect to your access and use of the Platform and any part of it, and supersedes all previous written or oral commitments and undertakings.
  5. Variations: We reserve the right to update and supplement these Terms of Service and any other document comprising part of the Customer Agreement between you and us at any time. The updated document comprising part of the Customer Agreement will be published on the Platform and shall take effect immediately. If we update the Customer Agreement in any way that materially impacts your rights or obligations, we will notify you when you next visit the Platform and you will be required to re-confirm your acceptance of the Customer Agreement. If, at any time, you do not accept the updated Customer Agreement, then you must cease using the Platform. Your continued use of the Platform and Games after being notified of the changes to the Customer Agreement shall constitute your acceptance of and agreement to be bound by the updated Customer Agreement.
  6. No Waiver: No waiver of any breach of any provision of the Customer Agreement shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
  7. Severability: To the extent any provision of the Customer Agreement is deemed by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be severed from the Customer Agreement in that jurisdiction and all remaining Terms of Service will continue to be valid to the maximum extent permitted by law.
  8. Assignment: You may not assign, novate or transfer the Customer Agreement except with our prior written consent. We may assign, novate or transfer our rights and/or obligations under the Customer Agreement to any third party, at any time without your consent, including but not limited to an event of a change of control, merger, acquisition or sale of assets by us.
  9. Governing Law: The Customer Agreement, including your access and use of the Platform and your and our relationship, is governed by and construed in accordance with the laws in the state of Virginia, without regard to its conflict of laws principles. For the avoidance of doubt, the United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to clause 13 of these Terms of Service, you and we understand and agree that the courts of the state of Delaware shall have exclusive jurisdiction to hear and decide any claim, dispute, action or proceedings that may arise out of or in connection with the Customer Agreement, your access and use of the Platform and/or your and our relationship.

19. Definitions and interpretation

  1. In these Terms of Service, the following words have the following meaning, unless the context indicates otherwise:
    affiliate means any company that, whether directly or indirectly, controls, is controlled by, or under common control with another company.
    Applicable Data Privacy Laws means applicable laws governing data privacy and the protection of Personal Information.
    Arbitration Agreement means clause 13 of these Terms of Service.
    Business Day means a day that is not a Saturday, Sunday or public holiday in the state of Delaware.
    CAN-SPAM Act means the Controlling the Assault of Non-Solicited Pornography and Marketing Act 2003.
    Content means material including any text, graphics, user interfaces, visual interfaces, images, trademarks, logos, sounds, music, artwork, source code and other materials used, presented or made available as part of the Games and/or Platform. Content includes IC Coins and any other virtual currency used on the Platform.
    Customer Agreement has the meaning given in the introduction to these Terms of Service.
    Customer Support means our customer support team, contactable at [email protected].
    Dispute has the meaning given in clause 13 of these Terms of Service.
    Errors means any malfunctions, data loss, downtime, delays, interruption or technical disturbances or any other disruption in the Platform, Games or Content.
    Excluded Jurisdiction means, the U.S states of WA, NV, MI, ID and any outlying U.S. territories or possessions (including Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, Wake Island and Navassa Island) and any other jurisdiction outside of the USA.
    Game means any game made available on the Platform.
    IC Coin means the virtual credit that enables you to play the Social Play Games. IC Coins have no monetary value and cannot be redeemed for value or otherwise under any circumstances.
    IICA has the meaning given in clause 13 of these Terms of Service.
    Improvement Suggestion has the meaning given at clause 14 of these Terms of Service.
    Indemnified Parties has the meaning given at clause 12 of these Terms of Service.
    Intellectual Property Rights means all copyright, trademark rights, patent rights, and design rights, whether registered or unregistered, and all other rights to intellectual property as defined under Article 2 of the Convention Establishing the World Intellectual Property Organization, and all rights to enforce any of the foregoing rights.
    JAMS has the meaning given in clause 13 of these Terms of Service.
    JAMS Mass Rules has the meaning given in clause 13 of these Terms of Service.
    JAMS Rules and Procedures has the meaning given in clause 13 of these Terms of Service.
    License means the license granted to you under clause 3 of the Terms of Service.
    Modifications has the meaning given at clause 14 of these Terms of Service.
    Moral Rights means an author’s right of attribution and integrity under the Visual Artists Rights Act (VARA), 17 U.S. Code § 106A or other analogous statutory right anywhere in the world.
    Our Policies has the meaning given at clause 13 of these Terms of Service.
    Payment Administration Agent means any of our affiliates that we appoint to act as our payment administration agent, including Sunflower Technology Inc.
    Payment Method means any method of payment including debit or credit card, online wallet, financial account, bank account or other payment method used to purchase IC Coins.
    Personal Information has the meaning given under Applicable Data Privacy Laws.
    Platform has the meaning given in the introduction to these Terms of Service.
    Security Breach means any security breach, which includes, but is not limited to, accessing data, server or account without being authorized to so access, corrupting any data, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes.
    Social Play means participating in any Game on the Platform using IC Coins.
    Special Terms has the meaning given in the introduction to these Terms of Service.
    Sunflower Group means us and our affiliates, including Sunflower Technology Inc..
    Terms of Service means these Terms of Service, as updated from time to time.
    Third-Party Links has the meaning given in clause 15 of these Terms of Service.
    Unused Account means a User Account that has not recorded any login for a period of 12 consecutive months or more.
    User Account means a customer’s registered account on the Platform, irrespective of whether it is active or not.
    You, Your, User means any person who accesses, uses or plays on our Platform, including individuals that have registered a User Account.
    we, us, our, Sunflower means Sunflower Limited of 35 West Brook Street, Suite #11E, Manchester NH 03101.
    Website has the meaning given in the introduction to these Terms of Service.
  2. In the Customer Agreement:
    1. Headings and underlinings are for convenience only and do not affect the construction of the Customer Agreement.
    2. Where a word or phrase is given a defined meaning in the Customer Agreement, any other grammatical form in respect of such word or phrase shall, unless the context indicates otherwise, have a corresponding meaning.
    3. A provision of the Customer Agreement will not be interpreted against a party because the party prepared or was responsible for the preparation of the provision, or because the party’s legal representative prepared the provision.
    4. Unless specified expressly to the contrary, all references to currency or “$” refers to US dollars.
    5. A reference to a statute or regulation includes amendments thereto.
    6. A reference to time is to time in Delaware i.e. EST/EDT.
    7. A reference to a person includes a reference to an individual, a partnership, a company, a joint venture, government body, government department, and any other legal entity.
    8. The words “includes”, “including” and similar expressions are not words of limitation.

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