THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING”. No actual money is required to play, and the Service is intended for entertainment purposes only.
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED. SEE SWEEPSTAKES RULES FOR FULL DETAILS.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” – SEE SECTION 11 OF THESE TERMS, BELOW.
Content means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and other material used, displayed or available as part of the Games and Platform, including virtual coins.
Customer Account means an account held by a Player.
Excluded Territory means, for Fliff Coin Games, the State of Washington and Idaho in the United States, as well as any outlying U.S. territories or possessions, the province of Quebec in Canada, and any other jurisdiction outside of the United States and Canada. For Fliff Cash Sweepstakes Games, Excluded Territory means Hawaii, Idaho, Nevada, Tennessee, Washington. Other Restrictions and Rules concerning eligibility apply to – see the Fliff Sweepstakes Rules in effect at time of promotion for further details.
Fliff Cash means sweepstakes entries subject to the Sweepstakes Rules, in the form of virtual coins which enable you to play the Sweepstakes Games. We may give you Fliff Cash free of charge when you sign up to the Platform, as a bonus when you purchase Fliff Coins or via free alternative methods of entry as set out in the Sweepstakes Rules. You may win more Fliff Cash when you play Sweepstakes Games. Fliff Cash may not be transferred or sold by You. YOU CANNOT PURCHASE Fliff Cash.
Fliff Coin means the virtual coins which enable you to play the Fliff Coin Games. Fliff Coins may be purchased but are also always made available to play games free of charge. We may also give you Fliff Coins free of charge when you sign up to a Platform and thereafter at regular intervals when you log in to the Platform. Fliff Coins have no monetary value and cannot under any circumstance be exchanged for cash or prizes of monetary value. Fliff Coins may not be transferred or sold by You.
Fliff Coin Game means any game or mode played with Fliff Coin virtual coins. You may only win more Fliff Coins when you play the Fliff Coin Games, and you may purchase more Fliff Coins on the Platform. You cannot win monetary prizes when you play Fliff Coin Games.
Fraudulent Conduct means any of the conduct described in Section 6.1.
Game means any one or more Fliff Coin Game(s) or Sweepstakes Game(s) available on the Platform. We reserve the right to add and remove Games from the Platform at our sole discretion.
Inactive Account means a Customer Account which has not recorded any log in or log out for a period exceeding 12 consecutive months.
Platform means the services provided through any URL or mobile application belonging to, or licensed to, Fliff and branded as part of the “Fliff” family of games, including the website located at https://www.getfliff.com and all subdomains, subpages and successor sites thereof, as well as all Games, features, tools and services available thereon.
Player or you means any person who uses the Platform to register an account or play Games.
Prizes means available sweepstakes prizes under the Sweepstakes Rules.
Sweepstakes Rules means the applicable Sweepstakes Rules in effect at the time as posted on the Platform.
Sweepstakes Game means any game played with Fliff Cash.
Third Party Websites means a third party website not controlled by us.
Virtual Coins means Fliff Coins or Fliff Cash used in the Games or as present in your Wallet at any time.
Wallet means the section of the Platform that displays Player balances.
We, or our or Fliff means Fliff Inc. of 1150 First Ave, STE 501, King of Prussia, PA 19406 and any related companies.
XP means the “XP” loyalty credits earned on the Platform by participating in Fliff Coin games. The ways in which XP can be earned will be displayed at all times on the Platform. Check the Fliff Rewards page in the Fliff App! XP may be applied toward the purchase of Fliff Coins or Gift Cards under the terms stated in the Platform. XP may not be transferred or sold by You.
3. YOUR PARTICIPATION
3.1. You hereby declare and warrant that:
(a) you are over 18 years of age or such higher minimum age as required by the laws or regulations in the jurisdiction in which you are located at the time of accessing the Service and are, under the laws applicable to you, allowed to participate in the Games offered on the Platform;
(b) WHEN PARTICIPATING IN FLIFF COIN GAMES, YOU DO NOT ACCESS THE PLATFORM FROM THE EXCLUDED TERRITORIES INCLUDING IDAHO AND WASHINGTON;
(c) WHEN PARTICIPATING IN FLIFF CASH GAMES/SWEEPSTAKES, YOU DO NOT ACCESS THE PLATFORM FROM THE EXCLUDED TERRITORIES INCLUDING HAWAII, IDAHO, NEVADA, TENNESSEE AND WASHINGTON.
(d) you participate in the Games for recreational and entertainment purposes only;
(e) you participate in the Games on your own behalf and not on the behalf of any other person;
(g) money that you use to purchase Fliff Coins is not tainted with any illegality and, in particular, does not originate from any illegal activity or source, or from ill-gotten means;
(h) you will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior; and
(i) in relation to the purchase of Fliff Coins, you must only use a valid payment method (or credit card, where applicable) which belongs to you.
3.3. Employees and former employees (less than 3 years since cessation of employment) of Fliff, any of its respective affiliates, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at for least 3 months of the year) are not eligible to participate.
4. YOUR CUSTOMER ACCOUNT
4.1. You are allowed to have only one Customer Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be cancelled or suspended and the consequences described in Section 13.3 may be enforced.
4.2. You must notify us immediately if you notice that you have more than one registered Customer Account on any one Platform.
4.3. You are prohibited from allowing anyone else to access or use your Customer Account for any purpose.
4.4. You are required to keep your registration details up to date at all times. If you change your address, email, phone number or any other contact or personal information contact email@example.com to update your details. The name that you provide to us at registration must be identical to that listed on your government issued identification.
4.5. As part of the registration process, you will have to choose a password to login into the Platform, unless you login to your Customer Account using the Apple®, Facebook®, Google ®, or Twitter ® login facility in which case your password on those platforms will apply. It is your sole and exclusive responsibility to ensure that your login details are kept securely. You must not disclose your login details to anyone. We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active, or passive. If your password is lost or stolen, or if there is unauthorized use of your account, contact us immediately at firstname.lastname@example.org
4.6. You are not allowed to transfer Fliff Coins or Fliff Cash between Customer Accounts, or from your Customer Account to other players, or to receive Fliff Coins or Fliff Cash from other Customer Accounts into your Customer Account, or to transfer, sell and/or acquire Customer Accounts.
Inactive Customer Accounts
4.7. We reserve the right to deactivate your Customer Account if it is deemed to be an Inactive Account.
Closing of Customer Accounts
4.9. You will be able to open your Customer Account again by sending a request to the Customer Support team. All requests for the re-opening of an account will be evaluated by our Customer Support and Compliance teams, which shall abide by strict customer protection guidelines.
4.10. All Virtual Coins are forfeited if your Customer Account is terminated or suspended for any reason, in Fliff’s sole and absolute discretion, or if the Service is no longer available. To the extent legally permissible, if your Customer Account, or a particular subscription for the Service associated with your Customer Account, is terminated, suspended and/or if any Virtual Coins are selectively removed or revoked from your Customer Account, no refund will be granted, no Virtual Coins will be credited to you or converted to cash or other forms of reimbursement.
Discretion to Refuse or Close Accounts
4.11. We reserve the right to refuse to open a Customer Account or to close a Customer Account in our sole discretion.
RESPONSIBLE SOCIAL GAMING
4.12. Fliff actively supports responsible gameplay and encourages its Players to make use of a variety of responsible gameplay features to better manage their Customer Account.
4.13. We refer to you Responsible Social Gaming Policy for full details.
4.14. Fliff is committed to providing excellent customer service and supporting responsible gameplay. Although Fliff will use all reasonable efforts to enforce its responsible gameplay policies, Fliff does not accept any responsibility or liability if you nevertheless continue gameplay or seek to use the Platform with the intention of deliberately avoiding relevant measures in place or Fliff is otherwise unable to enforce its policies for reasons outside of Fliff’s reasonable control.
4.15. Rules. Games offered on the Platform may have their own rules which are available on each Platform. It is your responsibility to read the rules of a Game before playing. You must familiarize yourself with the applicable terms of play and read the relevant rules before playing any Game.
Fliff Coin Purchases and Refund Policy
4.16. You can purchase additional Fliff Coins in the “Cashier” section of the Platform by providing billing authorization through the in-app purchase payment facility of the operating system on your device (e.g. Apple or Google) or via another third party provider.
4.17. The price of the Fliff Coins will be the price indicated on the order page. When your purchase is complete, we may send you a confirmation email with your order details. Please check that the details in the confirmation message are correct and keep a copy for your records.
4.18. For Fliff Coins purchases made on the Website Fliff accepts all major debit and credit cards. Payments will appear on your statement as “FLIFF.” All payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
4.19. If you purchase Fliff Coins through the in-app purchase facility in the mobile app, your purchase will be governed by the payment terms and conditions of the provider of the facility (Apple or Google). You can email email@example.com for questions concerning refunds of purchases made through Apple or Google, or the other available payment providers in the Platform.
Fliff Coin and Fliff Cash Balances
4.20. You may participate in any Game only if you have sufficient virtual coins as shown in your Wallet on the Platform, however it is never necessary to purchase Fliff Coins to continue playing. If your balance of Fliff Coins is insufficient, We will provide instructions for you to receive sufficient Fliff Coins in order to continue playing a Fliff Coin Game, or We may automatically replenish your Wallet with sufficient Fliff Coins in order to continue playing a Fliff Coin Game.
4.21. We may assign minimum or maximum Fliff Coin purchases as specified and offered on the Platform.
4.22. The purchase of Fliff Coins is the purchase of a product that allows you to participate in Fliff Coin Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Fliff Coins will not, and cannot, be refunded to you. Fliff Coins do not have any real money value.
4.23. Fliff Coins or Fliff Cash that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Fliff Coins or Fliff Cash (whichever applicable) will be drawn from your Fliff Coin or Fliff Cash Wallet instantly upon use.
4.24. If you are found to have one or more of your purchases returned and/or reversed or charged back, your Customer Account will be suspended or terminated, in our sole discretion.
License; No Right or Title in Virtual Coins
4.25. Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Coins in Games with the Service, you have no right or title in or to any such Virtual Coins appearing or originating with the Service, or any other attributes associated with use of the Service or stored within the Service. Fliff has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Coins as it sees fit in its sole discretion, and Fliff shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, Fliff may selectively remove or revoke Virtual Coins associated with your account.
4.26. Subject to your agreement and continuing compliance with these Terms of Service, Fliff grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform and the Content through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.
4.27. These Terms of Service do not grant you any right, title or interest in the Platform or Content.
4.28. You acknowledge and agree that your license to use the Platform is limited by these Terms of Service and if you do not agree to, or act in contravention of, these Terms of Service, your license to use the Platform (including the Games and Content) may be immediately terminated.
Transfer of Virtual Coins
4.30. We reserve the right to declare the result of any Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.
4.31. In the event of a discrepancy between the result showing on a Game or Platform and Fliff’s or its affiliate’s server software, the result showing on Fliff’s or its affiliate’s server software will be the official and governing result.
5.2. Fliff reserves the right to withdraw or modify such promotions without prior notice to you.
5.3. If, in the reasonable opinion of Fliff, we form the view that a Player is abusing any promotion, to derive any advantage or gain for themselves or another Player, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or Prize as we see fit, or terminate of suspend the Account of such Player.
6. FRAUDULENT CONDUCT
6.1. You will not, directly or indirectly:
(a) hack into any part of the Games or Platform through password mining, phishing, or any other means;
(b) attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Platform;
(c) knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
(d) circumvent the structure, presentation or navigational function of any Game so as to obtain information that Fliff has chosen not to make publicly available on the Platform;
(e) engage in any form of cheating or collusion;
(f) use the Service, Platform, or the systems of Fliff to facilitate any type of illegal money transfer (including money laundering proceeds of crime);
(g) participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share:
(i) special offers or packages emailed to a specific set of players and redeemable by URL; or
(ii) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading Fliff Inc. as to a Player’s identity.
6.2. You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions to prevent money laundering.
6.4 If you suspect any unlawful or fraudulent activity or prohibited transaction by another Player, please notify us immediately via the means of communication listed in the Customer Complaints procedure (described in Section 10).
7. INTELLECTUAL PROPERTY
7.2. You acknowledge that Fliff Inc. is the proprietor or authorized licensee of all intellectual property in relation to any Content.
7.3. Your use of the Games and Platform does not provide you with any intellectual property rights in the Content, Games or Platform.
7.4. You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles you publish or upload to any website or social media page controlled and operated by Fliff.
7.5. You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notice.
7.6. All trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by applicable trademark and copyright laws.
7.7. Fliff requires the Players to respect the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act (“DMCA”).
Your notice should contain the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a clear description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) a description of where the material that you claim is infringing is located in the Services;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner’s behalf.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys’ fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
ATTN: FLIFF DMCA Copyright Agent
1150 First Ave
King of Prussia, PA 19406
8. DISRUPTIONS AND CHANGE
8.0. THE SERVICE, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THAT THE SERVICE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICE; (E) THAT YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
8.1. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
8.2. Fliff is not liable for any downtime, server disruptions, lagging, or any technical or political disturbance to the Game play, nor attempts by you to participate by methods, means or ways not intended by us.
8.3. Fliff shall have no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Platform or its content including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Platform or its content or any errors or omissions in content.
8.4. In the event of a Platform system malfunction all Game play on that Platform is void.
8.5. In the event a Game is started but fails to conclude because of a failure of the system, Fliff will reinstate the amount of Fliff Coins or Fliff Cash played (whichever applicable) in the Game to you by crediting it to your Customer Account. Fliff reserves the right to alter Player balances and account details to correct such mistakes.
8.6. Fliff reserves the right to remove any part of the Games from the Platform at any time. Any part of the Games that indicate incorrect behavior affecting Prize redemption, Game data, Fliff Coin balances, Fliff Cash balances or other balances, that may be due to misconfiguration or a bug, will be cancelled and removed from the Platform. Player balances and Customer Account details may be altered in such cases in order to correct any mistake.
8.7. Fliff reserves the right to suspend, modify, remove, or add Content to its application or Games at its sole discretion with immediate effect and without notice to you. We will not be liable to you for any loss suffered as a result of any changes made or for any modification or suspension of or discontinuance of the application or Games and you will have no claims against Fliff in such regard.
8.8. We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.
9.1. Although we take all reasonable measures to ensure that the Platform and Games are free from computer viruses, we cannot and do not guarantee that the Platform and Games are free of such problems. It is your responsibility to protect your systems and have in place the ability to reinstall any data or programs lost due to a virus.
10. COMPLAINTS AND CUSTOMER SUPPORT
10.1. If you would like to contact our Customer Support department, you may contact us by selecting the “Contact Us” link on the Platform and filling in the form or by emailing firstname.lastname@example.org.
10.2. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N – 112, Sacramento, CA 95834, or by telephone at 1(800) 952 – 5210
10.3. INITIAL DISPUTE RESOLUTION PROCEDURE
Before You assert any claim for damages or relief of any kind in an arbitration proceeding as provided for in this Section, the parties shall make a good faith attempt to resolve the dispute by following the procedure in this Section 10.3. The parties agree, before either party may initiate or demand arbitration against the other, we will individually and personally meet and confer, by telephone or videoconference, in a good-faith effort to resolve informally any claim covered by these Terms. Multiple individuals with disputes cannot participate in the same informal telephonic dispute resolution conference. If you are represented by counsel (which such representation will be at your sole cost and expense), your counsel may participate in the conference, but you shall also attend and participate in the conference.
The party initiating the claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference, which shall occur within thirty (30) days after the other party receives such notice, unless an extension is mutually agreed upon by the parties. To notify Fliff that you intend to initiate an informal dispute resolution conference, send us a communication in writing to email@example.com with “Complaint” in the Subject Line, and text including the following information:
(a) your username;
(b) your first and last name, as registered on your Customer Account;
(c) a detailed explanation of the complaint/claim;
(d) any specific dates and times associated with the complaint/claim (if applicable); and
(e) the remedy or action you are seeking from Fliff.
If We wish to initiate a Complaint, we will send a similar communication to You at the email and/or land address associated with your account.
Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner and will extend the 30 day time period for resolution before a formal arbitration may be commenced. Upon receipt of Your Complaint, we will endeavor to reply to your communication within 48 hours. Further, best efforts will be made to resolve any complaint/claim promptly and, at a maximum, within 30 days.
After 30 days have passed since the submission of your Complaint which included all of the information required in Section 10.3, if for some reason you are not satisfied with the resolution of your complaint/claim, you may then, and only then, pursue an arbitration claim as provided in Section 13 below. The same rule and requirement applies to Fliff.
The parties shall use their best efforts to settle any dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a condition to either party initiating an arbitration claim as provided in these Terms. If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution begins, then either party may initiate binding arbitration as the sole means to resolve claims, subject to these Terms. The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding, including litigation if You have successfully opt-out of the arbitration agreement. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
Regardless of whether you decide to opt out of arbitration, pursuant to this Agreement, the terms set forth in this Section 10.3 Initial Dispute Resolution shall remain in full force and effect.
11. BINDING ARBITRATION & CLASS ACTION WAIVER AGREEMENT
PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (the “Agreement”) CAREFULLY. THIS AGREEMENT INCLUDES A MANDATORY ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND FLIFF, INC. SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
11.1. ACCEPTANCE OF TERMS
By using, or otherwise accessing the Service, or clicking to accept or agree to this Agreement where that option is made available, you accept and agree to this Agreement. If you do not agree to this Agreement, then you may not access or use the Platform or Service. All of your activity on the Website or Platform and all or your transactions with Fliff, including all events which occurred before your acceptance of this Agreement, are subject to this Agreement.
11.2. SCOPE OF AGREEMENT TO ARBITRATE
11.4. INITIATING ARBITRATION
Following the conclusion of the initial dispute resolution process required by this Agreement, you may seek arbitration of a Dispute in accordance with the provisions of this Agreement. The arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), except as modified by this Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879, or its then current telephone number as provided on its web site, or by sending a written request to: The American Arbitration Association, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043. In the event the AAA is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider.
By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party’s violation of this requirement.
11.5. OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION
IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN E-MAIL FROM THE EMAIL ADDRESS ASSOCIATED WITH YOUR ACCOUNT to firstname.lastname@example.org including THE WORDS “OPT OUT” IN THE SUBJECT LINE AND IN THE BODY OF THE EMAIL, YOUR FULL NAME, ADDRESS AND A STATEMENT THAT YOU WISH TO OPT-OUT OF ARBITRATION.
***EMAILS SENT TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.***
11.6. LOCATION OF ARBITRATION & APPLICABLE RULES
You and Fliff agree that:
(a) provided the Dispute involves solely individual claims for damages in accordance with the Agreement, the American Arbitration Association (“AAA”) will administer the arbitration under its Consumer Rules in effect at the time arbitration is sought, available at www.adr.org, and the arbitration shall be conducted via telephone or other remote electronic means. However, the parties agree: to select an arbitrator pursuant to the procedure set forth in R-12 of the Commercial Part Rules (instead of the Consumer Part Rules); that the AAA will only include arbitrators from the AAA National Registry Commercial Part list on the parties’ arbitrator selection list (instead of the Consumer list); and the AAA will only include arbitrators who are practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable.
(b) You and Fliff agree that the arbitration of any Dispute shall proceed on an individual basis and neither you nor Fliff may bring a claim as a part of a Collective Arbitration.
(i) Without limiting the generality of the Agreement, and as an example only, a claim to resolve a Dispute against Fliff will be deemed a Collective Arbitration if: (a) two (2) or more similar claims for arbitration are pending concurrently by or on behalf of one or more claimants; and (b) counsel for the two or more claimants are the same, share fees or coordinate in any way across the arbitrations.
(c) If, notwithstanding the terms of this Agreement, to the extent a party attempts to assert any claims or seek relief on behalf of or for the use of other persons or a class under any theory, or in which injunctive relief is sought by a party that would significantly impact other Fliff users or the operation of the Platform, the Commercial Arbitration Rules shall apply and, as appropriate, the Supplementary Rules for Class Action of the AAA may apply.
(d) the applicable AAA rules will govern payment of all arbitration fees.
(e) except as otherwise may be required by the AAA Rules, the arbitration will be held in Philadelphia, Pennsylvania.
(f) the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available in an individual lawsuit and that are not waivable under applicable law, however, any relief must be individualized to you and shall not affect any other persons.
(g) except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be confidential, except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement.
11.7. WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR FLIFF SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND FLIFF ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT. YOU ALSO EXPRESSLY WAIVE AND RELEASE, TO THE FULLEST EXTENT AVAILABLE AT LAW, ANY CLAIM PURPORTED TO BE ASSERTED BY ANY OTHER PERSON ON YOUR BEHALF OR FOR YOUR USE OR BENEFIT.
11.8. WAIVER OF JURY TRIAL.
EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY.
This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. The parties agree further that if any part of this Agreement is deemed to be illegal, invalid, void or for any reason unenforceable, that the invalid or unenforceable provision should, to the greatest extent possible, be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
12. DEACTIVATION / LIMITATION / SUSPENSION OF ACCOUNT
12.1. Fliff hereby reserves the right to deactivate, limit, or suspend your Customer Account for any reason whatsoever at any time without notifying you.
(b) you have more than one Customer Account on any Platform;
(c) the name registered on your Customer Account does not match the name on the financial/bank account and/or the credit/debit card(s) used to make purchases on the said Customer Account;
(d) your communication with us through email, social media, or other means consists of harassment or offensive behavior or comments, including (but not limited to) threatening, derogatory, abusive or defamatory statements or remarks, libel, and/or publishing publicly such statements about the Company or individuals associated with the Company;
(e) your Customer Account is deemed to be an Inactive Account;
(f) you become bankrupt;
(g) you provide incorrect or misleading information while registering or verifying a Customer Account including, but not limited to, name, state of residence, date of birth and/or any other identity details;
(h) your identity cannot be verified;
(i) you attempt to use your Customer Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Games using the website through a third party or on behalf of a third party;
(j) you are not over 18 years of age;
(k) you are located in or participated from an Excluded Territory;
(l) you have allowed or permitted (whether intentionally or unintentionally) someone else to participate using your Customer Account;
(m) you have played in tandem with other Player(s) as part of a club, group, etc., or played the Games in a coordinated manner with other Player(s) involving the same (or materially the same) selections;
(n) where Fliff has received a “charge back”, claim or dispute and/or a “return” notification via a payment mechanism used on your financial/bank account or online wallet;
(o) you have failed our due diligence procedures, or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity;
(p) it is determined by Fliff that you have employed or made use of any system (including, but not limited to, machines, computers, software or other automated systems such as bots) designed specifically to gain an unfair advantage and/or intentionally exploit mispriced markets that may be available occasionally on the Platform; or
(q) it is determined by Fliff that you intentionally and knowingly exploited (or attempted to exploit) system or data errors by making picks on obviously incorrect markets and lines (e.g. past post, reversed lines, and others.)
12.3. If Fliff deactivates or suspends your Customer Account for any of the reasons referred to in Section 12.2 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by Fliff (together “Claims” ) arising therefrom and you will indemnify and hold Fliff Inc. harmless on demand for such Claims.
12.4. If we have reasonable grounds to believe that you have participated in any of the activities set out in Section 12.2 above, then we reserve the right to withhold all or part of the balance and/or recover from your Customer Account any Prizes or virtual funds that are attributable to any of the activities contemplated in Section 12.2. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
12.5. If your Customer Account is confirmed to have been deactivated due to fraudulent or illegal activity by you, the redeemed value of any Prizes credited to your Customer Account will be forfeited.
12.6. Fliff is a platform for recreational use only. If your Customer Account is determined, in our best judgment, to be professional or non-recreational, we reserve the right to limit your ability to play.
12.7. If your Customer Account is deactivated, limited, or suspended you, and other members of your household, are not permitted to open a new account, unless expressly authorized by Fliff in writing.
13. INDEMNITY AND LIMITATION OF LIABILITY
13.1. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS (INCLUDING REASONABLE ATTORNEY’S FEES AND COSTS OF SUIT) FLIFF, ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, CONSULTANTS, SUPPLIERS, ADVERTISERS, PAYMENT SERVICES PROMOTERS, PARTNERS, AND THEIR AGENTS, EMPLOYEES, OFFICERS, AND DIRECTORS, OUR ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF OUR OR THEIR SUBSIDIARIES AGAINST ANY AND ALL COSTS, EXPENSES, LIABILITIES AND DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR OTHER) ARISING FROM ANY PARTICIPATION BY YOU, INCLUDING WITHOUT LIMITATION:
(a) VISITING, USE OR RE-USE OF THE PLATFORM;
(b)USE OR RE-USE OF THE PLATFORM BY MEANS OF TELECOMMUNICATION SERVICES;
(c) RE-USE OF ANY MATERIALS AT, OR OBTAINED FROM, THE PLATFORM OR ANY OTHER SOURCE WHATSOEVER;
(d) ENTRY TO, OR USE OR RE-USE OF THE PLATFORM SERVERS;
(e) FACILITATING OR MAKING A PAYMENT INTO YOUR CUSTOMER ACCOUNT;
(f) PLAYING THE GAMES THROUGH ANY DELIVERY MECHANISM OFFERED; AND
(g) ACCEPTANCE AND USE OF ANY PRIZE.
Limitation of Liability
13.2. BY ACCESSING, USING OR DOWNLOADING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR FLIFF, OR ANY OF ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, AND/OR RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICE OR PLATFORM, OR BROWSING OF THE SERVICE OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICE OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.3. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY CAUSE, WHETHER DIRECT OR INDIRECT, OR FOR ANY AMOUNTS (EVEN WHERE WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) EXCEED THE VALUE OF THE FLIFF COIN PURCHASES YOU HAVE MADE VIA YOUR CUSTOMER ACCOUNT IN RESPECT OF THE RELEVANT GAME OR PRODUCT THAT GAVE RISE TO THE RELEVANT LIABILITY. THE RELEASED PARTIES ACCEPT NO LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING BEYOND THIS AMOUNT WHICH IS DEEMED OR ALLEGED TO HAVE ARISEN OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION. THIS INCLUDES, WITHOUT LIMITATION, DELAYS OR INTERRUPTIONS IN OPERATION OR TRANSMISSION, LOSS OR CORRUPTION OF DATA, COMMUNICATION OR LINES FAILURE, ANY PERSON’S MISUSE OF THE GAMES OR THE PLATFORM OR THEIR CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE GAMES OR THE PLATFORM.
13.4. Statute of Limitations
14. FLIFF INC. NOT A FINANCIAL INSTITUTION
14.1. You will not receive any interest on outstanding Prizes and you will not treat Fliff as a financial institution.
No legal or tax advice
14.2. Fliff does not provide advice regarding tax and/or legal matters. Players who wish to obtain advice regarding tax and legal matters are advised to contact appropriate experts and advisors in the field.
14.3. You are strictly prohibited from utilizing the Service and the systems of Fliff to facilitate arbitrage through currency exchange transactions. Where Fliff deems that you have deliberately used the systems for financial gain through arbitrage, any gains will be forfeited and deducted from your balance without warning or notification.
15.3. You are solely responsible for any state, local or federal taxes which may apply to Your use of the Service.
15.9. All correspondence between you and us may be recorded.
15.11. In the event of a change of control, merger, acquisition, or sale of assets of Fliff Inc., your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide you with notice via email or via our Platform explaining your options regarding the transfer of your Customer Account.
Applicable Law, Jurisdiction and Venue