Terms & Conditions
A LIST OF CONDITIONS IS PROVIDED
Last Modified: 31st March, 2022
These Digipokies Terms Of Use, As Amended From Time To Time (“Terms Of Use”), Are A Legal Agreement Between You And Digipokies Games, Inc. And Any Of Its Respective Successors Or Assigns (“Digipokies”, “We” Or “Us”). These Terms Of Use Apply To Your Access To And Use Of The Websites, Games, Software And Other Products And Services (Collectively, The “Digipokies Offerings”) Provided By Digipokies. The Digipokies Offerings Include, Without Limitation, digipokies.com, Any Other Sites On Which These Terms Of Use Are Posted, And The Digipokies Software (As Defined Herein).
By Clicking A Button Or Tab That Signals Your Acceptance Of These Terms Of Use Or Otherwise Accessing Or Using The Digipokies Offerings, You Agree To Be Bound By These Terms Of Use And All Terms Incorporated Herein By Reference. If You Do Not Agree To Be Bound By These Terms Of Use, Then You May Not Use Or Access The Digipokies Offerings.
Please Read These Terms Of Use Carefully
If You Have Any Questions About These Terms Of Use Or Our Digipokies Offerings, Please Contact Us At contact@digipokies.com
1.ELIGIBILITYYou Must Be At Least Eighteen (18) Years Of Age, To Create A Digipokies Account (As Defined Below) Or To Access Or Use Most Digipokies Offerings. You Must Be At Least Eighteen (18) Years Of Age To Access Or Use Digipokies Offerings Involving Social Casino-Style Game Play (“Restricted Offerings,” Which Include Video Games Digipokies Social Casino. If You Are Younger Than Eighteen (18) (Or The Age Of Legal Majority Where You Live): You Will Not Access Or Use Restricted Offerings
2.ACCOUNT REGISTRATIONYou May Need To Create A Digipokies Account In Order To Access Some Digipokies Offerings. If You Create A Digipokies Account, You Must Provide Truthful And Accurate Information To Us In Creating Such Account And Promptly Update This Information If It Changes. Digipokies Reserves The Right To Limit The Number Of Accounts A User Can Establish. This Limit May Change Over Time In Our Sole Discretion.
You Are Solely Responsible For All Activity On Your Digipokies Accounts And For The Security Of Your Digipokies Accounts And Computer System. You Must Not Reveal Your Username Or Password To Any Other Person And Must Promptly Notify Us If You Discover Or Suspect That Someone Else Has Accessed Your Digipokies Accounts. If You Forget Your Password, You Can Request To Have A New Password Sent To Your Registered E-Mail Address.
3.ELECTRONIC COMMUNICATIONSWhen You Access A Digipokies Offering, Send E-Mails With Digipokies, You Are Communicating With Us Electronically. You Consent To Receive Communications From Us Electronically. We Will Communicate With You By E-Mail Or By Posting Notices In The Digipokies Offerings. You Agree That All Agreements, Notices, Disclosures And Other Communications That Digipokies Provides To You Electronically Satisfy Any Legal Requirement That Such Communications Be In Writing.
4.OWNERSHIP; LIMITED LICENSEThe Digipokies Offerings, Including The Text, Graphics, Images, Photographs, Videos, Illustrations And Other Content Contained Therein, Are Owned By Digipokies Or Our Licensors And Are Protected Under Both India And Foreign Laws. Except As Explicitly Stated In These Terms Of Use, All Rights In And To The Digipokies Offerings Are Reserved By Us Or Our Licensors. Subject To Your Compliance With These Terms Of Use, You Are Hereby Granted A Limited, Nonexclusive, Nontransferable, Non-Sublicensable, Revocable License To Access And Use The Digipokies Offerings For Your Own Personal, Noncommercial Use. Any Use Of The Digipokies Offerings Other Than As Specifically Authorized Herein, Without Our Prior Written Permission, Is Strictly Prohibited, Will Terminate The License Granted Herein And Violate Our Intellectual Property Rights.
5.VIRTUAL ITEMSCertain Digipokies Offerings May Provide You With The Opportunity To License A Variety Of Virtual Items Such As Virtual Currency, Virtual Goods And Content Packs (“Virtual Items”) That Can Be Used While Playing The Digipokies Offering. You May Be Required To Pay A Fee To Obtain Virtual Items. When You Use Virtual Items Within A Digipokies Offering, Any Virtual Items That You Have Purchased Will Be Deemed Used Before Any Virtual Items That You Have Earned.
VIRTUAL ITEMS, LICENSED TO YOU IN ACCORDANCE WITH THESE TERMS OF USE, AND ARE NOT PREPAID PAYMENT INSTRUMENTS OR OTHERWISE ITEMS OF MONETARY VALUE.
You Have No Property Interest In Any Virtual Items. Virtual Items Obtained Through A Digipokies Offerings Is Provided To You Under A Limited, Non-Transferable, Revocable, Non-Sublicensable License To Use Those Virtual Items Within The Applicable Digipokies Offering. Virtual Items May Not Be Transferred Or Resold For Commercial Gain Or In Any Manner, Including, Without Limitation, By Means Of Any Direct Sale Or Auction Service. Virtual Items May Not Be Purchased Or Sold From Any Individual Or Entity Via Cash, Barter Or Any Other Transaction. Virtual Items Have No Monetary Value And Cannot Be Used To Purchase Or Use Products Or Services Other Than Within The Applicable Digipokies Offering And Then Only To The Extent Offered Within Such Applicable Digipokies Offering. Virtual Items Cannot Be Refunded Or Exchanged For Cash Or Any Other Tangible Value.
Digipokies May Manage, Regulate, Control, Modify Or Eliminate Your Virtual Items In Our Sole Discretion And Without Limitation Or Restriction, And Digipokies Will Have No Liability To You Or Anyone Or Any Entity For Exercising Those Rights. In Addition, All Virtual Items Are Unconditionally Forfeited If Your Digipokies Offering Account Is Terminated Or Suspended For Any Reason, Including Terminations Or Suspensions In Digipokies’s Sole Discretion. If Digipokies Discontinues Any Digipokies Offering Or Any Portion Or Feature Of Any Digipokies Offering, You Also Unconditionally Forfeited Any Virtual Items Connected To The Discontinued Digipokies Offering.
Digipokies Has No Liability For Hacking Or Loss Of Your Virtual Items. Digipokies Has No Obligation To, And Will Not, Reimburse You For Any Virtual Items Lost Due To Your Violation Of These Terms Of Use, Disruption, Interruption Or Discontinuance Of The Digipokies Offering Or Service Downtimes Related To The Same. Digipokies Reserves The Right, Without Prior Notification, To Limit The Order Quantity On Any Virtual Items And/Or To Refuse To Provide You With Any Virtual Items. Price And Availability Of Virtual Items Are Subject To Change Without Notice.
6.PROHIBITED CONTENT AND CONDUCTYou’re Solely Responsible For Your Conduct While Using The Digipokies Offerings. You May Not Use The Digipokies Offerings If You Engage In, Encourage, Or Promote Any Prohibited Conduct. On A High Level, That Means You Must Not Violate Any Applicable Laws, Contracts, Intellectual Property Rights, Or Other Third-Party Rights Or Commit A Tort. Without Limiting The Generality Of The Policies And Standards In These Terms Of Use This Means You May Not Post, Transmit, Promote, Or Distribute Any User Content That:
Is Inappropriate, Obscene, Defamatory, Offensive, Crude, Illegal, Immoral Or Possibly Offensive;Contain A Virus, Corrupted Data, Malware, Spyware, Adware, Or Any Other Malicious, Invasive Harmful, Disruptive, Or Destructive Code Or Program;Is For A Purpose Other Than Personal Communication, Including Without Limitation Advertising, Promotional Materials, Chain Letters, Pyramid Schemes, Political Campaigning, Soliciting Funds, Mass Mailings And Sending “Spam”;Contains Any Private Or Personal Information Of A Third Party Without That Third Party’s Consent; OrActs As A Passive Or Active Information Collection Or Transmission Mechanism, Including, Without Limitation, Gifs, 1×1 Pixels, Web Bugs, And Other Similar Devices.Additionally, You May Not:
Engage In Any Harassing, Threatening, Intimidating, Predatory Or Stalking Conduct;Impersonate Another Person, Including By Indicating That You Are A Digipokies Employee Or A Representative Of Digipokies (If You Are Not);Attempt To Obtain A Password, Other Account Information, Or Other Private Information From Any Other User Of A Digipokies Offering;Disrupt The Normal Flow Of Dialogue, Or Otherwise Act In A Manner That Negatively Affects Or Disrupts Other Users;Improperly Using Any Game Support Functions Or Complaint Buttons, Such As By Making False Complaints Or Other Reports To Digipokies Representatives;Use Or Launch Any Automated System, Including, Without Limitation, Any Spider, Bot, Cheat Utility, Scraper Or Offline Reader That Accesses A Digipokies Offering, Or Any Other Unauthorized Script Or Software That Interacts With A Digipokies Offering;Modify, Translate, Reverse-Engineer, Reverse-Compile Or Decompile, Disassemble Or Create Derivative Works From Any Part Of The Digipokies Offerings, Except To The Extent That Such Activity Is Expressly Permitted By Applicable Law Notwithstanding This Limitation;Use A False E-Mail Address Or Otherwise Disguise The Source Of Any Content That You Submit Within A Digipokies Offering, Such As By Anonymizing Your Internet Protocol Address;Interfere With Or Circumvent Any Digipokies Offering Security Feature Or Any Other Feature That Is Intended To Restrict Or Enforce Limitations On Use Of Or Access To A Digipokies Offering;Sell, Lease, Loan, Or Rent Any Part Of A Digipokies Offering, Including, Without Limitation, Any Virtual Items, Digipokies Accounts And Access To Them; OrEngage In Cheating Or Any Other Activity That Digipokies Deems To Be In Conflict With The Spirit Of A Digipokies Offering.Content Standards May Vary Depending On Where You Are Within A Digipokies Offering And The Expectations Of The Relevant Game Community. Some Game Play May Involve Use Of Stronger Language Than Others, Including Mild Expletives. You Must Always Use Good, Respectful, And Conservative Judgment In Interacting As Part Of Any Game Play, And Submitting Any User Content, Such As A Review Or Post To Any Forums Or Message Boards, Within A Digipokies Offering.
Enforcement Of This Section 8 Is Solely At Digipokies’s Discretion, And Failure To Enforce This Section In Some Instances Does Not Constitute A Waiver Of Our Right To Enforce It In Other Instances. In Addition, This Section 8 Does Not Create Any Private Right Of Action On The Part Of Any Third Party Or Any Reasonable Expectation That The Digipokies Offerings Will Not Contain Any Content That Is Prohibited By Such Rules.
7.COMMERCIAL ACTIVITY AND UNSOLICITED E-MAILAs Stated, You May Only Use The Digipokies Offerings For Your Own Personal, Noncommercial Use. This Means You May Not Use Any Portion Of The Digipokies Offerings To Collect Information, Including Login Names, About Other Users, And Use Of Such Information To Send Unsolicited E-Mail Or For Any Other Purpose Is Strictly Prohibited. You May Not Advertise Any Goods Or Services On Any Digipokies Offerings, Or Otherwise Exploit Your Participation On Or Through Any Digipokies Offerings For Any Commercial Purpose.
8.THIRD PARTY LINKS AND THIRD PARTY CONTENT AND SERVICESAny And All Software, Content And Services (Including Advertising) Within A Digipokies Offering That Are Not Owned By Digipokies Are “Third Party Content And Services.” Digipokies Acts Merely As An Intermediary Service Provider Of, And Accepts No Responsibility Or Liability For, Third Party Content And Services.
In Addition, And Without Limiting The Generality Of The Foregoing, Certain Digipokies Offerings May Include Links To Sites, Such As Social Networking Sites Or Payment Sites, Operated By Third Parties, Including, Without Limitation, Advertisers, Payment Providers And Other Content Providers (“Other Sites”). Those Other Sites May Collect Data Or Solicit Personal Information From You. Digipokies Does Not Control Such Other Sites, And You Agree That Digipokies Is Not Responsible For The Content Or Policies Of Other Sites Or Third-Party Content And Services, Or For The Collection, Use Or Disclosure Of Any Information Those Other Sites May Collect. Any And All Use Of Any Other Sites Is At Your Sole Risk, Cost And Responsibility.
9.TERMINATION OF ANY Digipokies ACCOUNTDigipokies And You Each Have The Right To Terminate Or Cancel Any Of Your Digipokies Account(S), If Applicable, At Any Time For Any Reason Or No Reason. Digipokies Reserves The Right To Collect Fees, Surcharges Or Costs Incurred Before You Cancel Your Digipokies Account(S) Or A Particular Subscription. In The Event That Your Digipokies Account Or A Particular Subscription Is Terminated Or Cancelled Unless Otherwise Agreed By Digipokies In Writing, No Refund Will Be Granted, No Online Time Or Other Credits (E.G., Points In An Online Game) Will Be Credited To You Or Converted To Cash Or Other Form Of Reimbursement, And You Will Have No Further Access To Your Account Or Anything Associated With It (Such As Points, Tokens Or Virtual Items). Any Delinquent Or Unpaid Accounts Must Be Settled Before Digipokies May Allow You To Create Any New Or Additional Accounts. All Virtual Items Are Unconditionally Forfeited If Your Digipokies Account Is Terminated Or Suspended For Any Reason, Including Terminations Or Suspensions In Digipokies’s Sole Discretion.
10.TRADEMARKSDigipokies Games, Inc. And The Names And Logos, Product Or Service Names, Slogans And The Look And Feel Of The Digipokies Offerings Constitute Trademarks Or Trade Dress Of Digipokies And May Not Be Copied, Imitated, Reverse Engineered, Or Used, In Whole Or In Part, Without The Prior Written Permission Of Digipokies. All Other Trademarks, Registered Trademarks, Product Names And Company Names Or Logos Mentioned On The Digipokies Offerings Are The Property Of Their Respective Owners, Who May Or May Not Be Affiliated With Or Connected To Digipokies. Reference To Any Products, Services, Processes Or Other Information By Trade Name, Trademark, Manufacturer, Supplier Or Otherwise, Does Not Constitute Or Imply Endorsement, Sponsorship Or Recommendation By Us.
11.FEEDBACKIf You Choose To Provide To Digipokies Any Ideas, Suggestions, Or Other Feedback Regarding Any Digipokies Offerings, Or Any Proposed Software Or Offerings (Collectively “Feedback”), You Hereby Grant Digipokies A Perpetual, Irrevocable, Non-Exclusive, Worldwide, Fully Sublicensable, Royalty-Free, Fully Paid, Right And License To Use And Exploit (Including, Without Limitation, Commercially Exploit) In Any Manner, Means, Language And/Or Media, Whether Now Known Or Hereafter Devised Such Feedback Without Restriction, Including In Connection With Any Digipokies Offerings, Or Other Products Or Services Of Digipokies. You Understand That Digipokies May Treat Feedback As Nonconfidential.
12.DISCLAIMERSTHIS PRODUCT IS INTENDED FOR USE BY THOSE 18 OR OLDER FOR AMUSEMENT PURPOSES ONLY. PRACTICE OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING. THE GAMES ARE INTENDED FOR AN ADULT AUDIENCE. THE GAMES DO NOT OFFER “REAL MONEY GAMBLING” OR AN OPPORTUNITY TO WIN REAL MONEY. YOU EXPRESSLY AGREE THAT THE USE OF ANY Digipokies OFFERING, Digipokies SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL Digipokies OFFERINGS AND Digipokies SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Digipokies DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE Digipokies OFFERINGS OR Digipokies SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE Digipokies OFFERINGS, Digipokies SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM Digipokies ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
13.LIMITATIONS OF LIABILITYTO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Digipokies AND OUR SUBSIDIARIES AND AFFILIATES AND EACH OF OUR RESPECTIVE EMPLOYEES, AGENTS, LICENSORS, LICENSEES, OFFICERS, DIRECTORS AND SHAREHOLDERS (INDIVIDUALLY AND COLLECTIVELY, THE “Digipokies PARTIES”) WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF Digipokies OR THE OTHER Digipokies PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE TOTAL LIABILITY OF Digipokies AND THE Digipokies PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE Digipokies OFFERINGS, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE GREATER OF $500 OR THE AMOUNT THAT YOU PAID TO Digipokies FOR YOUR PARTICIPATION IN ANY Digipokies OFFERING DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY.
THE LIMITATIONS SET FORTH IN THIS SECTION 18 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD OR INTENTIONAL MISCONDUCT OF Digipokies OR THE OTHER Digipokies PARTIES OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. ADDITIONALLY, BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, SUCH LIABILITY SHALL INSTEAD BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
14.CORRECTIONSDigipokies Reserves The Right To Revoke Any Stated Offer And To Correct Any Errors, Inaccuracies Or Omissions (Including After An Order Was Submitted And Accepted) In Any Order, Price, Advertisement, Promotion Or Giveaway.
15.NON-WAIVERThe Failure Of Digipokies To Exercise Or Enforce Our Rights Under These Terms Of Use Does Not Operate As A Waiver Of Such Right Or Provision. Any Waiver Of Our Rights, Including Any Waiver Of Any Breach Or Default, Must Be In A Writing Signed By Digipokies.
16.OTHER LEGAL TERMSYou Agree That These Terms Of Use Are Not Intended To Confer And Do Not Confer Any Rights Or Remedies Upon Any Third Party. If Any Part Of These Terms Of Use Are Held Invalid Or Unenforceable, That Portion Shall Be Construed In A Manner Consistent With Applicable Law To Reflect, As Nearly As Possible, The Original Intentions Of The Parties, And The Remaining Portions Shall Remain In Full Force And Effect. If Any Provision Of These Terms Of Use Is Found To Be Illegal Or Unenforceable, These Terms Of Use Will Be Deemed Modified To The Extent Necessary To Make Them Legal And Enforceable, And Will Remain, As Modified, In Full Force And Effect. These Terms Of Use, Including All Terms And Policies Referenced Herein, Contain The Entire Understanding, And Supersede All Prior Agreements, Between You And Digipokies Relating To This Subject Matter, And Cannot Be Changed Or Terminated Orally.