Omega Stake Terms & Conditions
Version 1.0 - January 13th, 2025
THESE TERMS OF USE CREATE A LEGAL AGREEMENT BETWEEN YOU AND US, WHICH APPLIES TO YOUR USE OF OUR GAMES AND PLATFORM ON ANY ELECTRONIC DEVICE.
YOU MUST CAREFULLY READ THESE TERMS OF USE IN THEIR ENTIRETY BEFORE CONFIRMING YOUR ACCEPTANCE DURING REGISTRATION OF YOUR CUSTOMER ACCOUNT ON THE PLATFORM OR ACCESSING THE GAMES. THE DEFINITIONS SECTION OF THE TERMS OF USE CAN BE FOUND AT THE END OF THESE TERMS OF USE.
By confirming your acceptance of these Terms of Use during the Customer Account registration process, accessing the Games or creating a Customer Account on the Platform, you confirm that you have read, understood and agree to be bound by the legal agreement between you and us, consisting of:
- (a) these Terms of Use;
- (b) the incorporated Privacy Policy and Responsible Social Gaming Policy; and
- (c) any other specific terms relevant to your Participation, for instance terms applying to promotions we run (“Special Terms”), (together, the “Customer Agreement”).
If you disagree with any provision of these Terms of Use, you may not register a Customer Account on the Platform and you must not play the Games.
The Platform and our Games do not involve real money gambling. No real money is required to play the Games.
Only players located in the United States (excluding Idaho, Louisiana, Michigan, Montana, Nevada, Washington, and any outlying U.S. territories or possessions) are permitted to register a Customer Account on the Platform.
THESE TERMS OF USE PROVIDE THAT YOU WAIVE THE RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM AGAINST US AND THAT YOU MUST PURSUE ANY PAST, CURRENT, AND/OR FUTURE CLAIMS BETWEEN YOU AND US VIA INDIVIDUAL ARBITRATION, UNLESS YOU OPT OUT OF THIS ARBITRATION AGREEMENT IN ACCORDANCE WITH CLAUSE 14 (DISPUTE RESOLUTION AND ARBITRATION AGREEMENT).
1. Your Participation on the Platform
1.1 Eligibility Requirements
You warrant and represent that:
- (a) you are at least 18 years of age;
- (b) you are at least of the legal age of majority in the jurisdiction in which you usually reside;
- (c) you do not reside in an Excluded Territory;
- (d) you will not access or use the Platform or play the Games from an Excluded Territory;
- (e) your Participation is personal and recreational, and not on behalf of any third party;
- (f) all information that you provide to us is true, complete, correct, accurate and not misleading, and you will promptly notify us if there is any change to that information;
- (g) the funds that you use to purchase Gold Coins have not been derived from, or tainted by, illegal activity;
- (h) you will not purchase Gold Coins using a business or corporate Payment Method;
- (i) you will not be involved in any fraud, collusion or other illegal activity in connection with your Participation;
- (j) each purchase of Gold Coins will be made using a Payment Method held in your name; and
- (k) you will not attempt to, and must not, sell, or trade for value any Goods, Gold Coins and/or Customer Account.
1.2 Responsibility for Lawful Participation
It is your responsibility to ensure that your Participation is lawful. Any person who breaches this clause 1 of these Terms of Use will be in material breach of these Terms of Use. You may also be committing fraud and could be subject to criminal prosecution.
1.3 Restrictions for Personnel and Affiliates
Our personnel and each of their respective immediate family members and household members, are not eligible to Participate. The personnel of our contractors, suppliers and service providers are also not eligible to Participate.
2. Managing Your Customer Account
2.1 Single Account Policy
You may only register one (1) Customer Account on the Platform, including any Dormant Account.
2.2. Multiple Account Restrictionn
If you attempt to register, or register, more than one Customer Account on the Platform, we may suspend or close all or some of those Customer Accounts and take any of the steps set out in clause 12 of these Terms of Use.
2.3 Notification of Multiple Accounts
You must promptly notify us in writing if you become aware that you have registered more than one (1) Customer Account on the Platform.
2.4 Updating Account Details
You must ensure that all your details and information recorded on your Customer Account are correct and up to date at all times. For the avoidance of doubt, the name registered on your Customer Account must at all times be identical to the name that is listed on your government-issued identification.
2.5 Notification of Changes
If your residential address, email address, cell phone number, or any other information that we hold about you changes, then you must promptly notify us via Customer Support so that we can update your Customer Account accordingly.
2.6 Password Responsibility
You are required to choose your password as part of the Customer Account registration process, unless you register your Customer Account using the Facebook® login functionality, in which case you will be able to log in to the Platform using your Facebook® password.
2.7 Account Security
It is solely your responsibility to ensure that your password and any other login credentials for the Platform are safe and kept secure and are only accessible by you.
2.8 Customer Account Usage
You must not share your Customer Account, password, or other login credentials for the Platform with any other person or permit any person access to them, or do anything that could jeopardize the security of your Customer Account.
2.9 Account Activity Responsibility
You are solely responsible for any access and use of your Customer Account and any activity on the Platform in connection with your Customer Account, including any purchase and/or gameplay, irrespective of whether you personally undertook such activity.
2.10 No Gold Coin Transfers
You must not sell or otherwise transfer any Gold Coins to any person, including from your Customer Account to another Customer Account.
2.11 No Account Transfers
You must not sell or otherwise transfer any Customer Account to any person.
2.12 Account Acquisition Restriction
You must not acquire any Customer Account or Gold Coin from any person except from us.
2.13 Breach Consequences
Without prejudice to any other rights and remedies available to us, any breach or attempted breach of this section entitled “No Customer Account transfers” shall be grounds for the immediate closure of your Customer Account.
2.14 Dormant Account Closure
We reserve the right to close your Customer Account if it becomes a Dormant Account.
2.15 Forfeiture of Gold Coins
Any Gold Coins held in a Dormant Account will be forfeited when a Dormant Account is closed.
2.16 Customer-Initiated Account Closure
If you wish to close your Customer Account, please contact us via Customer Support.
2.17 Consequences of Closures
When you close your Customer Account, you will lose access to and use of any Gold Coins held in your Customer Account.
2.18 Reopening Closed Accounts
If you have closed your Customer Account, you may be able to reopen your Customer Account again. If you wish to reopen your Customer Account, please contact us via Customer Support.
2.19 Platform’s Right to Close Accounts
You agree that we have the right to suspend and/or close any Customer Account at any time in our sole discretion.
2.20 Denial of Account Opening
You agree that we may refuse or deny the opening of any Customer Account in our sole discretion.
2.21 Account Suspension or Closure Consequences
If we close and/or suspend your Customer Account for any of the reasons set out in clause 12 of these Terms of Use, then the consequences set out in clause 12 of these Terms of Use will apply.
2.22 Termination of License
If we close your Customer Account for any reason, then the license granted under clause 4 of these Terms of Use will be deemed to have been terminated (unless and until we reopen your Customer Account, in our sole discretion).
3. Customer Support
3.1 Contact Methods
You can contact our Customer Support team via email at support@omegastake.com.
3.2 Email Requirements
All email messages between you and us must be via your email account registered on your Customer Account.
3.3 Required Email Information
You must include the following information in any email message sent to our Customer Support:
3.4 Response Delays
If you fail to comply with the requirements of this clause 3, our responses to you may be delayed.
3.5 Response Timeframe
Our Customer Support team endeavors to investigate and respond to customer enquiries and complaints within 10 days of receipt.
3.6 Extended Investigation Timeframes
In limited circumstances, where we require additional time to investigate and respond to your enquiry or complaint, we will inform you of this within 10 days of receipt of your enquiry or complaint.
4. License
4.1 Non-Exclusive License Terms
Provided that you have accepted and comply 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, on an electronic device solely for the purpose of your personal entertainment when you are located in a jurisdiction that is not an Excluded Territory.
4.2 Breach of License
Any access or use of the Platform, Content or Games in breach of the License, will be a material breach of the Customer Agreement between you and us.
4.3 No Ownership Rights
The Customer Agreement does not grant you any ownership rights over the Platform, including the Content, or our Games, or any right, title or interest in the Intellectual Property Rights in them.
5. The Games
Game Rules
5.1 Game Rules
Each Game offered on the Platform has its own rules, which are accessible via the Platform. It is your responsibility to ensure that you have read, and are familiar with, the rules of each Game that you play on the Platform.
5.2 Void Participation
We reserve the right to declare Participation in a Game void, either partially or in full, if we determine, in our sole discretion, that there was an error, mistake or technical error on the pay-table, win-table, minimum or maximum stakes, odds, or the Game software.
5.3 Result Discrepancies
In the event of a discrepancy between the result showing on your electronic device on the one hand, and our or the relevant third-party Game provider’s software on the other hand, then the result showing on our or the relevant third-party Game provider’s software will prevail and be the governing result.
Gold Coins
5.4 Gold Coin Usage
You can only play the Games if you hold sufficient Gold Coins in your Customer Account required for such Participation.
5.5 No Credit for Coins
We do not and will not extend credit to any person for the purpose of purchasing Gold Coins or otherwise.
5.6 US Dollar Purchases
Gold Coins may only be purchased using US dollars, and it is your responsibility to ensure that the Payment Method that you use to purchase Gold Coins is capable of transacting in US dollars.
5.7 Transaction Fees Responsibility
You are responsible for any foreign exchange, transaction, or other fees and charges that you may incur in connection with any Gold Coin purchases.
5.8 Immediate Fund Deduction
When you purchase Gold Coins on the Platform, we will promptly draw the corresponding funds from your Payment Method selected by you to fund such purchase.
5.9 Gold Coin Wager Rules
When you submit Gold Coins for gameplay, those Gold Coins will be instantly drawn from the Gold Coin balance held in your Customer Account and the wager made using those Gold Coins cannot thereafter be changed, withdrawn, or cancelled.
5.10 Purchase Limits
We may limit the maximum and minimum amounts of Gold Coins that may be purchased on the Platform at any time and from time to time.
5.11 License for Gold Coins
The purchase of Gold Coins on the Platform is the purchase of a license that permits you to Participate in the Games using Gold Coins.
5.12 No Refundable Deposits
The purchase of Gold Coins does not constitute a deposit of funds with us, which can then be withdrawn.
5.13 No Refunds for Coins
Any funds used to purchase Gold Coins on the Platform are not refundable and will not be refunded to you.
5.14 Gold Coin Restrictions
Gold Coins do not have any real money value, are not transferrable, and cannot be redeemed for value or otherwise.
No Refunds
5.15 Gold Coin Refund
Each purchase of Gold Coins is final and is not refundable, exchangeable, redeemable, or transferrable.
5.16 Gold Coin Responsibility
You are responsible for and must indemnify us in respect of all reversals, chargebacks, claims, fees, fines, penalties, and any other damage and loss suffered and incurred by us that was caused or contributed to by payments that were authorized or accepted using your Customer Account (irrespective of whether they were actually authorised by you).
6. Promotions We Run
6.1 Governance of Promotions
All promotions that we run are governed by the Customer Agreement.
6.2 Special Terms Applicationn
Each promotion may also be subject to additional Special Terms specified in the relevant promotion.
6.3 Inconsistencies in Termsn
To the extent of any inconsistency between these Terms of Use and any Special Terms, these Terms of Use shall prevail.
6.4 Promotion Withdrawal
We reserve the right to withdraw and/or modify any promotion that we offer without notice at our sole discretion.
6.5 Abuse of Promotions
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.
6.6 Content Usage Rights
You hereby grant us and our suppliers a perpetual, irrevocable, worldwide, royalty-free license to use for any purpose, without any further acknowledgment of you as the author or otherwise, any content that you post or publish as part of any promotion, contest, or competition that we run.
6.7 Erroneous Credits
If we mistakenly credit Gold Coins to your Customer Account, whether due to technical or human error, such Gold Coins will remain our property and will be deducted from the balance held in your Customer Account.
6.8 Reporting Mistakes
If you discover that Gold Coins have been mistakenly credited to your Customer Account, you must promptly notify us via Customer Support.
7. Verification Checks
Identification and verification
7.1 Right to Verify
You acknowledge 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 or for the prevention of financial crime.
7.2 Third-Party Verification
You acknowledge and agree that as part of our verification checks, we may use third-party service providers to undertake verification checks in respect of you, using the information that you have registered on your Customer Account and the verification documents you provide to us.
8. Prohibited Conduct
Acceptable Use
8.1 Acceptable Use Policy
You must not and you must not permit any person to, directly or indirectly:
- (a) access any other person’s Customer Account on the Platform other than your allocated Customer Account;
- (b) upload or input to the Platform any content about a person without the person’s consent or use the Platform to violate all or any legal rights of any person or company or other entity in any jurisdiction;
- (c) use the Platform (including by any intentional access, creation, modification, transmission, distribution, or storage of information, data, or material) in breach of Applicable Data Privacy Laws;
- (d) use the Platform or any part of it in connection with crimes such as theft and fraud;
- (e) provide us with false, misleading, counterfeit, doctored, or otherwise fraudulent documents or information;
- (f) chargeback Gold Coin purchases actually made by you, or made using your Customer Account, on the Platform;
- (g) use the Platform in breach of any applicable laws, including but not limited to Applicable Data Privacy Laws, laws relating to the protection of copyright, trade secrets, patents, or other intellectual property, and laws relating to spam;
- (h) use the Platform or any part of it to make unauthorized copies of copyrighted material including, but not limited to, the download or installation of any copyrighted software for which you do not have an active license;
- (i) use the Platform or any part of it in connection with the provision of negligent or unlawful services;
- (j) use the Platform or any part of it for any form of computer hacking or introduction of malicious programs into our or any of our service provider’s networks, computers, or servers (e.g., viruses, worms, Trojan horses, email bombs, broadcast attacks, or any other flooding techniques) or to otherwise violate the security or integrity of any of our or our service providers’ networks, computers, or communications systems or software applications;
- (k) reveal your Customer Account password to others or allow the use of your Customer Account by others who are not authorized to do so, including by attempting to probe, scan, or test the vulnerability of a Customer Account or the Platform;
- (l) use the Platform or any part of it to actively engage in conduct that would make a person feel offended, humiliated, harassed, or intimidated or procuring or transmitting material that is in violation of sexual harassment or workplace conduct laws;
- (m) use the Platform to offer or distribute fraudulent goods or services;
- (n) use the Platform or any part of it to upload, store, display, or transmit content that is invasive, defamatory, obscene including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sexual acts of any kind;
- (o) 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, ping floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
- (p) 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 permission;
- (q) attempt to, or circumvent user authentication or security of any of our hosts, networks, or accounts or those of our customers or suppliers;
- (r) use the Platform or any part of it to interfere with or deny service to anyone;
- (s) use any program/script/command, or send messages of any kind, with the intent to interfere with, or disable, any person’s use of the Platform;
- (t) send unsolicited email messages through or to users of the Platform in breach of the CAN-SPAM Act;
- (u) use the Platform or any part of it to send any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages;
- (v) use the Platform or any part of it in breach of any person’s privacy (such as by way of identity theft or "phishing");
- (w) attempt to, or gain unauthorized access to the Games or the Platform or any part of them;
- (x) attempt to, or alter, reverse engineer, or reverse-assemble the Games or the Platform or any part of them; and/or
- (y) engage in any cheating, collusion, or any form of illegal money transfer.
Unlawful Activity
8.2 Unlawful Activities
Neither the Platform nor any part of it may be used for any unlawful, fraudulent, or prohibited transactions or conduct under applicable laws.
8.3 Monitoring Transactions
We actively monitor all transactions conducted via the Platform to prevent money laundering and financial crime.
Suspected prohibited activity
8.4 Suspected Prohibited Activity
If we suspect that you are or have been involved in any fraudulent, unlawful, or improper activity in connection with the Platform or the Games, we may immediately suspend, close, or otherwise restrict your Customer Account.
8.5 No Refund Obligation
In such cases, we:
- (a) have no obligation to reverse any Gold Coin purchases; and
- (b) 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.
8.6 Cooperation with Investigations
You must cooperate with us and any relevant regulator and/or law enforcement authority in respect of any investigation into any suspected unlawful, fraudulent, or prohibited activity.
Reporting suspected prohibited activity
8.7 Reporting Prohibited Activities
If you suspect that any person is or has participated in any unlawful, fraudulent, or improper activity in connection with the Platform or the Games, you must promptly notify us via Customer Support.
9. Responsible Social Gameplay
9.1 Policy Adherence
We deeply care about our community of players and take steps to actively support responsible social Game play in accordance with our Responsible Social Gameplay Policy.
9.2 Self-Exclusion Requests
.You can, at any time, request to take a break, self-exclude (for a set period or indefinitely) or permanently close, your Customer Account by contacting Customer Support.
9.3 Restriction Compliance
We will use reasonable endeavours to apply any request to take a break, for self-exclusion or for permanent closure made via Customer Support in respect of your Customer Account in accordance with your instructions within 24 hours of our confirmation of your request, however we do not accept responsibility or liability if you are nevertheless able to breach or circumvent those restrictions on your Customer Account.
9.4 Processing Time for Requests
Please note that any request to take a break, for self-exclusion or for permanent closure of your Customer Account may take a reasonable time for us to apply, in some instances this could be up to 48 hours or more after our confirmation of your request.
10. Errors, Disruptions, and Changes
Errors
10.1 Erroneous Creditss
If we mistakenly credit Gold Coins to your Customer Account, whether due to technical or human error, such Gold Coins will remain our property and will be deducted from the balance held in your Customer Account.
10.2 Customer Reporting Obligations
If you discover that Gold Coins have been mistakenly credited to your Customer Account, you must promptly notify us via Customer Support.
10.3 Platform Warranties Disclaimer
We make no warranties or representations, and expressly exclude all implied warranties, in respect of the Platform, including the Content and Games, to the fullest extent permitted by applicable law.
10.4 Platform Provided 'As-Is'
The Platform is provided “as is”.
Malfunctions
10.5 No Liability for Malfunctions
We are not responsible or liable for any disruptions, downtime, delays, or technical disturbances in connection with the Platform during Game play or by your attempt to, or Participation using methods not intended by us.
10.6 Game Play Disruptions
We are not liable for 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 delay, interruption, data loss, misuse, or errors in the Content.
10.7 System Malfunctions
If the Platform or any part of it experiences a system malfunction, all Game play on the Platform becomes void.
10.8 Restoration of Lost Coins
If you start playing a Game but it fails to conclude due to a system malfunction, we will use reasonable commercial endeavours to reinstate the lost Gold Coins to your Customer Account.
10.9 Remedies for Loss
If, for any reason, your Gold Coins or winning Game play is confirmed by us to have been erroneously deleted, lost, corrupted or otherwise destroyed, your sole remedy is the replacement by us of an amount of Gold Coins equal to the amount that were erroneously destroyed.
Removal of Games and other changes to the Platform
10.10 Platform Changes
You acknowledge and agree that:
- (a) we may update, add and/or remove any Game and/or Content from the Platform at any time without notice to you;
- (b) we may cease to make the Platform, any Game, any Content and/or any part of them available in your jurisdiction at any time without notice to you; and
- (c) 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.
11. Privacy and Marketing Communications
11.1 Privacy Obligations
We take our privacy obligations very seriously and are committed to complying with all Applicable Data Privacy Laws.
11.2 Privacy Policy Integration
Our Privacy Policy forms part of the Customer Agreement and by accepting, and agreeing to be bound by, these Terms of Use, you acknowledge and agree that you have also accepted our Privacy Policy.
11.3 Marketing Preferences
You consent to receiving marketing communications from us in respect of our products and services by email, post, SMS and push notification, however you can update your marketing communication preferences at any time by unsubscribing using the link contained in such communications or by sending a request via email to support@omegastake.com
12. Customer Account Closure and Suspension
12.1 Reasons for Closure or Suspension
You acknowledge and agree that notwithstanding any other provision of the Customer Agreement between you and us, we have the right to suspend and/or close your Customer Account if we have reason to believe, in our sole discretion, that:
- (a) you have breached the Customer Agreement, including our Privacy Policy, Responsible Social Gaming Policy and any Special Terms;
- (b) you have assisted another person to breach the Customer Agreement, including our Privacy Policy, Responsible Social Gaming Policy and any Special Terms;
- (c) you have registered more than one (1) Customer Account on the Platform, including any Dormant Account;
- (d) you have provided us with incorrect, false, fraudulent and/or misleading documents or information;
- (e) you have failed to satisfactorily complete our Customer Account verification or other due diligence procedures;
- (f) your age, identity, residential address and/or source of funds cannot be verified;
- (g) you have participated, or attempted to participate, in any fraud, cheating, collusion, money laundering or financial crime;
- (h) the name registered on your Customer Account does not match the name that any Payment Method that you use, or attempt to use, to purchase Gold Coins, is held in;
- (i) you use or attempt to use any technology that masks your real location at any time you Participate, or attempt to Participate, including a VPN or proxy;
- (j) you Participate, or attempt to participate, from an Excluded Territory or other jurisdiction where Participation is unlawful;
- (k) you are not at least 18 years old and of the legal age of majority in the jurisdiction in which you usually reside;
- (l) we receive a chargeback, claim, dispute or return notification via the provider of your Payment Method;
- (m) you have permitted (whether knowingly or unknowingly) another person to Participate using your Customer Account;
- (n) you have used, or attempted to use, any system or technology that gives you an unfair advantage on the Platform or any part of it;
- (o) you have colluded, or played in tandem, with one (1) or more other individuals in a coordinated manner to gain an advantage on the Platform or any part of it;
- (p) any email communication with us includes racist, sexist, explicit and/or derogatory language, or any other form of offensive content or behaviour;
- (q) your Customer Account becomes a Dormant Account; and/or
- (r) you become bankrupt.
12.2 Consequences of Closure or Suspension
You acknowledge and agree that without prejudice to any other rights we may have under the Customer Agreement or otherwise, if we close and/or suspend your Customer Account in accordance with this clause 12 of these Terms of Use:
- (a) you will be liable for, and must indemnify us in respect of, any loss and damage that we may suffer and incur in connection with your conduct that gave rise to the closure and/or suspension of your Customer Account in accordance with this clause 12;
- (b) we may withhold any Gold Coins then held in your Customer Account when the Customer Account is suspended and/or closed.
13. Indemnity and Liability
13.1 Indemnity Obligation
YOU ACKNOWLEDGE AND AGREE THAT YOU MUST INDEMNIFY AND HOLD HARMLESS US, 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:
- (a) YOUR ACCESS AND/OR USE OF THE PLATFORM OR ANY PART OF IT;
- (b) THE ELECTRONIC DEVICES YOU USE TO PARTICIPATE;
- (c) YOUR PURCHASE OR RECEIPT OF OMEGA TOKENS;
- (d) ANY USE OF THE CONTENT IN BREACH OF THESE TERMS OF USE; AND
- (e) YOUR BREACH OF OUR (OR OUR LICENSORS’) INTELLECTUAL PROPERTY RIGHTS.
13.2 Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE, 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 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 OR ANY PART OF IT.
13.3 Maximum Liability Cap
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, OUR, 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 OMEGA TOKENS 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 OMEGA TOKENS 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 AGREE AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RESPECT OF ANY CLAIM MADE AGAINST US IS TO CLOSE YOUR CUSTOMER ACCOUNT AND CEASE YOUR PARTICIPATION.
13.4 Reasonableness of Provisions
YOU ACKNOWLEDGE AND AGREE THAT THE INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THIS CLAUSE 13 ARE REASONABLE AND NECESSARY TO PROTECT OUR, 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.
13.5 Survival of Provisions
THIS CLAUSE 13 WILL SURVIVE THE EXPIRY OR TERMINATION OF THE CUSTOMER AGREEMENT.
14. Dispute Resolution and Arbitration Agreement
14.1 Binding Arbitration
PLEASE READ AND CONSIDER THIS CLAUSE 14 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND US TO RESOLVE CERTAIN DISPUTES VIA ARBITRATION AND MAY LIMIT THE WAY IN WHICH YOU AND WE CAN SEEK RELIEF FROM THE OTHER.
14.2 Federal Arbitration Act Application
If you usually reside in, or access the Platform or any part of it from, the United States, this clause will be governed by the Federal Arbitration Act, regardless of any other choice-of-law provisions in the Customer Agreement.
Agreement to Arbitrate
14.3 Agreement to Arbitrates
To the maximum extent permitted under applicable law, by accepting these Terms of Use, both you and we each hereby agree to resolve any past, present and future claims or disputes, including any dispute related to or in connection with the Platform or any part of it, or the Customer Agreement, or concerning the enforceability, validity, scope or severability of this agreement to arbitrate, through binding arbitration in accordance with this clause 14 (“Arbitration Agreement”).
14.4 Individual Arbitration Requirement
The parties agree that any arbitration proceedings conducted between the parties pursuant to this clause 14 or otherwise, will not proceed as a class, group or representative action.
14.5 Opting Out of Arbitration
You may decline this Arbitration Agreement by notifying us at support@omegastake.com by the date that is 30 days after you first accepted these Terms of Use and stating that you decline this arbitration agreement. By opting out of the Arbitration Agreement, you will not be precluded from accessing or using the Platform or any part of it, but you and we will not be permitted to rely on the mutual agreement to arbitrate under the Customer Agreement.
Informal Dispute Resolution/h4>
14.6 Informal Dispute Resolution
Each party acknowledges and agrees that before initiating any arbitration proceedings or other dispute resolution mechanism, it will notify the other party of the nature and existence of any dispute between the parties (“Dispute“).
14.7 Attempts to Resolve Disputes
We would like to have the opportunity to resolve any complaint or concern that you may have before it escalates into a Dispute with us and you acknowledge and agree that you will use all reasonable endeavours to attempt to resolve any complaint or concern with us via Customer Support..
14.8 Escalation of Unresolved Disputes
If a Dispute is not resolved within 30 days of a party notifying the other party of the existence of a Dispute, then either party may initiate arbitration in accordance with the process described below..
Arbitration Process
14.9 Arbitration Process via JAMS
The parties acknowledge and agree that:.
- (a) Our representative will administer any arbitration between the parties under its Streamlined Rules then in place at the time the arbitration is requested.
- (b) any arbitration will proceed on an individual basis and be handled by a sole arbitrator in accordance with the Our representative Rules;
- (c) the parties to the arbitration will agree on the sole arbitrator, or if agreement cannot be reached, the sole arbitrator will be selected in accordance with the Our representative Rules;
- (d) any arbitration will be held in Las Vegas, Nevada and/or at your or our election, via remote electronic means; and
- (e) the payment of any arbitration fees will be governed by the Our representative Rules.
14.10 Complex Arbitration Rules
Notwithstanding clause 14.9, where any dispute results in:.
- (a) one (1) or more claims seeking an aggregate monetary award of five hundred thousand dollars (US$500,000) or more; or
- (b) a party seeks equitable relief that could reasonably have a material impact on other Registered Customers,
The parties acknowledge and agree that:.
- (c) the arbitration will proceed on an individual basis and be handled by a panel of three (3) arbitrators;
- (d) the arbitration will be administered in accordance with the Our representative Comprehensive Arbitration Rules and Procedures (“Our representative Comprehensive Rules”);
- (e) the parties to the arbitration will agree on the panel of arbitrators, or if agreement cannot be reached, the three (3) arbitrators will be selected in accordance with the Our representative Comprehensive Rules; and
- (f) any award issued by the panel of arbitrators may be appealed in accordance with the Our representative Optional Arbitration Appeal Procedure.
Class Action and Collective Arbitration Waiver
14.11 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EACH PARTY ACKNOWLEDGES AND AGREES THAT IN RESPECT OF ANY DISPUTE (AS DEFINED BELOW) YOU AND WE WILL NOT BE ENTITLED TO:
- (a) CONSOLIDATE, COORDINATE OR JOIN ANY DISPUTE BY OR AGAINST OTHERS;
- (b) TO PARTICIPATE IN ANY GROUP, CLASS, MASS OR COLLECTIVE ARBITRATION OR LITIGATION;
- (c) TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR
- (d) TO OTHERWISE SEEK TO RECOVER ANY LOSS OR DAMAGE INCURRED BY A THIRD PARTY, IN EACH CASE IN CONNECTION WITH ANY DISPUTE AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED, AND IN CONNECTION WITH ANY DISPUTE (AS DEFINED BELOW), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED.
14.12 Exceptions to Arbitration
If we sell information such as names, phone numbers, or addresses, California residents can opt out by submitting a written request to support@omegastake.com.
15. Intellectual Property Rights
15.1 Ownership of Intellectual Property
You acknowledge and agree that all rights, title and interest in the Intellectual Property Rights in the Platform, including in the Content and the Games, and any modifications thereto, including in any updates, upgrades, derivative works, adaptations and enhancements in and/or to the Platform or any part of it (“Modifications“), are owned by us (or our licensors).
15.2 Assignment of Rights
To the extent that you may own any of the Intellectual Property Rights referred to in clause 15.1, 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.
15.3 Restriction on Platform Usage
You must not use, reproduce, copy or modify the Platform or any part of it, including the Games and the Content.
15.4 Invalidating Ownership
You must not directly or indirectly do anything that would or might invalidate or put in dispute our (or our licensors’) title in the Platform, any part of it and/or in any Modifications.
15.5 No Assignment to Customer
You acknowledge and agree that nothing in the Customer Agreement between you and us constitutes an assignment of any Intellectual Property Rights to you.
15.6 Improvement Suggestions Ownership
You hereby assign to us all and any Intellectual Property Rights in all and any comments made in connection with the Platform or any part of it and any requests for new features, that you and/or your personnel may make or suggest regarding them (each, an “Improvement Suggestion”). Each such comment and Improvement Suggestion becomes our sole and exclusive property. This assignment is effective when you make the comment or disclose the Improvement Suggestion to us. You must upon request 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 authorise.
15.7 License for User Content
You hereby grant us an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use any words, images, videos and/or audio that you post, publish, input or upload to any social media page controlled by us or on our behalf, for any purpose.
16. Third-Party Links
16.1 Platform Links to Third Parties
Our websites and/or Platform may include links to third-party websites, plug-ins and applications (“Third-Party Links”). Clicking on Third-Party Links may allow third parties to collect or share data about you. We do not control or endorse these Third-Party Links and we are not responsible for their privacy practices..
16.2 Third-Party Privacy Policies
We encourage you to read such third-parties’ privacy policies so that you understand how they may collect and process your Personal Data..
16.3 Social Media Responsibility
We are not responsible or liable for any words, images, videos and/or audio that you post, publish, input or upload to any social media page controlled by us or on our behalf..
16.4 Fraudulent Offers
We do not authorize any third-party to offer Gold Coins and you acknowledge and agree that some third-party websites may offer Gold Coins, any such offers should be considered as fraudulent, and we are not responsible for any Gold Coins not offered by us..
17. Notices
17.1 Notice Requirements
Any notice to be given under the Customer Agreement shall be in writing and shall be sent by email to:.
- (a) in the case of notices to you, your email address then registered on your Customer Account; and
- (b) in the case of notices to us, by email to support@omegastake.com and including the information specified at clause 2.3of these Terms of Use.
- (c) Notices sent as above shall be deemed received at 9am on the next Business Day following the day of sending, provided that an automated response that the email transmission failed shall be treated as proof that the notice was not received
18. General
18.1 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 between you and us that is caused by events outside of our reasonable control..
18.2 No Partnerships
Nothing contained in the Customer Agreement shall in any way constitute any association, partnership, joint venture or agency between the parties, or be construed to evidence the intention of the parties to establish any such relationship..
18.3 Lack of Authority
No party shall have any right, power or authority to make any representation or to assume or create any obligation, whether express or implied, on behalf of any other, or to bind any other party in any manner whatsoever..
Entire agreement and amendments
18.4 Precedence of Terms
To the extent of any inconsistency between these Terms of Use and any information or document provided to you by Customer Support or otherwise, these Terms of Use shall prevail..
18.5 Entire Agreement
The Customer Agreement, including these Terms of Use, our Privacy Policy, Responsible Social Gaming Policy and any Special Terms constitute the entire agreement between you and us with respect to your Participation and supersedes all previous written or oral commitments and undertakings..
18.6 Right to Amend Terms
We reserve the right up update and supplement the Customer Agreement at any time. The updated document comprising part of the Customer Agreement will be published on the Platform and shall take effect immediately..
18.7 Acceptance of Amendments
If we update the Customer Agreement in any way that impacts on your rights or obligations under the Customer Agreement, 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..
18.8 Waivers
Any waiver by a party of any breach or default by another party performing its obligations under the Customer Agreement must be in writing and signed by the party purporting to give the same and shall not be deemed or construed to be a waiver of any other breach or default hereunder..
18.9 Severability of Provisions
If any provision of the Customer Agreement is deemed by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be severed from the Customer Agreement in that jurisdiction and all remaining terms and conditions will continue to be valid to the fullest extent permitted by law..
18.10 Assignment Limitations
The Customer Agreement is personal to you and may not be assigned, novated or transferred by you except with our prior written consent..
18.11 Transfer of Rights
We may assign, novate or transfer our rights and/or obligations under the Customer Agreement to a third party without your consent, including in the event of a change of control, merger, acquisition or sale of assets by us..
18.12 Governing Law
The Customer Agreement, your access and use of the Platform and the parties’ relationship, is governed by and construed in accordance with the laws in the state of Delaware, 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..
18.13 Jurisdiction
Subject to clause 14, the parties acknowledge 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 the parties’ relationship..
19. Definitions and Interpretation
19.1 Key Definition
In these Terms of Use, 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 data.
- 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 text, graphics, user interfaces, visual interfaces, images, trade marks, logos, sounds, music, artwork, source code and other materials used, displayed or made available as part of the Games and/or Platform. Content includes Gold Coins and any other virtual currency made available on the Platform.
- Customer Account means an account on the Platform held by a Registered Customer.
- Customer Agreement has the meaning given in the introduction to these Terms of Use.
- Customer Support means our player support function, contactable at support@omegastake.com
- Dispute has the meaning given in clause 14.6 of these Terms of Use.
- Dormant Account means a Customer Account that has not recorded any login for a period of 12 consecutive months or more.
- Excluded Territory means the U.S states of Idaho, Louisiana, Michigan, Montana, Nevada, Washington, any outlying U.S. territories or possessions and any other jurisdiction outside of the USA.
- Game means any game made available on the Platform.
- Gold Coin means the virtual social gameplay credit that enables you to play the Standard Play Games. Gold Coins have no monetary value and cannot be redeemed for value under any circumstances.
- Goods means any physical goods provided to you by or on behalf of us.
- Improvement Suggestion has the meaning given at clause 15.6 of these Terms of Use.
- 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 Organisation, and all rights to enforce any of the foregoing rights.
- Our representative has the meaning given in clause 14.9 of these Terms of Use.
- Our representative Comprehensive Rules has the meaning given in clause 14.10 of these Terms of Use.
- Our representative Optional Arbitration Appeal Procedure means the appeal procedure set by Our representative that is then in place at the time of the appeal.
- Our representative Rules has the meaning given in clause 14.9 of these Terms of Use.
- License means the license granted to you under clause 4 of these Terms of Use.
- Modifications has the meaning given at clause 15.1 of these Terms of Use.
- Participate means to access or use any of the Platform, Content, or any Game for any purpose. Participation has a corresponding meaning.
- Payment Method means any debit or credit card, online wallet, financial account, bank account or other payment method used to purchase Gold Coins.
- Personal Data has the meaning given under Applicable Data Privacy Laws.
- Platform means the service offering provided via the website located at https://www.omegastake.com and all subdomains, including all Games, Content, features, tools and services made available there.
- Registered Customer means an individual who has successfully registered a Customer Account on the Platform, whether the Customer Account is then active or not.
- Special Terms has the meaning given in the introduction to these Terms of Use.
- Standard Play means Participating on the Platform using Gold Coins.
- Streamlined Rules means the arbitration rules and procedures set by Our representative.
- Terms of Use means these terms and conditions, as updated from time to time.
- Third-Party Links has the meaning given in clause 16.1 of these Terms of Use.
- You, Your, or Player means any person who Participates, including Registered Customers.
- We, Us, Our, The Omega Stake means The Omega Stake, Dover, USA.
19.2 Interpretation Guidelines
In these Terms of Use:.
- (a) Headings and underlinings are for convenience only and do not affect the construction of these Terms of Use.
- (b) Where a word or phrase is given a defined meaning in these Terms of Use, any other grammatical form in respect of such word or phrase shall, unless the context indicates otherwise, have a corresponding meaning.
- (c) A provision of these Terms of Use 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.
- (d) Unless specified expressly to the contrary, all references to currency or “$” refers to US dollars.
- (e) A reference to a statute or regulation includes amendments thereto.
- (f) A reference to time is to time in Delaware i.e. EST/EDT.
- (g) 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.
- (h) The words “includes”, “including” and similar expressions are not words of limitation.
