Version 5.1
Updated Tuesday July 24th, 2025
These Terms and Conditions form a binding legal agreement between you and us and apply to your use of our Platform and everything contained within, including but not limited to our Games, through any connected device (web, mobile, tablet or any other device).
These Terms and Conditions include a provision waiving the right to pursue any class, group or representative claim and requires you to pursue past, pending, and future disputes between you and us through individual arbitration, unless you opt-out within a specified timeframe as outlined in Clause 25.
The Platform and Games do not offer real money gambling, and no actual money is required to play.
ONLY PLAYERS IN THE UNITED STATES (EXCLUDING THE STATES OF CONNECTICUT, IDAHO, LOUISIANA, MARYLAND, MICHIGAN, MONTANA, NEBRASKA, NEVADA, NEW JERSEY, NEW YORK, NORTH DAKOTA, WASHINGTON AND WEST VIRGINIA), ARE ELIGIBLE TO ENTER THE SWEEPSTAKES. PLEASE REFER TO THE SWEEPS RULES TO CHECK YOUR ELIGIBILITY.
You can request redemption of any prizes by selecting the “redeem” button on the platform. Where you redeem prizes for gift cards, such prizes will be allocated to the email address registered against your customer account. Where you redeem prizes for cash, such prizes will be paid to the payment medium from which you purchased Gold Coins. If this isn’t technically possible, then a payment will be made to your designated bank account.
You must read these Terms and Conditions carefully in their full entirety before marking the check box for acceptance, during the registration process or any process by which an account is created, or Games are accessed. By doing so, you confirm that you have read, understood, and agree to be bound by these Terms and Conditions.
This document is inseparably linked to our Privacy Policy, Responsible Social Gameplay Policy, Sweeps Rules, and all other game or promotion specific terms relevant to your participation.
If you do not agree with any provision of these Terms and Conditions or any other linked policy, rules, or terms you may not install or use the Platform or play any Game contained within the platform.
Collective Arbitration means any claim as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding.
Content means text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, source code and other material used, displayed or available as part of the Platform including Games. Content includes Gold Coins and Sweeps Coins.
Customer Account means an account held by a Registered Customer.
Excluded Territory means the states of Connecticut, Idaho, Louisiana, Maryland, Michigan, Montana, Nebraska, Nevada, New Jersey, New York, North Dakota, Washington and West Virginia in the United States, as well as any outlying U.S. territories or possessions, and any other jurisdiction outside of the United States.
Platform means the services provided through any URL or mobile application belonging to, or licensed to DIGI MATRIX INC, and branded as part of the “Funz” family of games, including the entire website, games, features, tools and services at https://www.funzcasino.com.
Fraudulent Conduct means any of the conduct described in clause 12.
Game means any one or more Game(s) available on the Platform in either Standard Play or Promotional Play. We reserve the right to add and/or remove Games from the Platform (including limiting their availability in certain jurisdictions) at our sole discretion.
Gold Coin means the virtual social gameplay token which enables you to play the Standard Play Games. Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes. Sweeps Coins means sweepstakes entries subject to the Sweeps Rules. We may give you Sweeps Coins free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our free alternative methods of entry as set out in the Sweeps Rules. You may win more Sweeps Coins when you Participate in Promotional Play.
Promotional Play means participation in our sweepstakes promotions by playing any games on the Platform with Sweeps Coins.
Standard Play means participating in any game on the Platform played with Gold Coins. We may give you Gold Coins free of charge when you sign up to a Platform and thereafter at regular intervals when you log into the Platform. You may win more Gold Coins when you play in Standard Play and you may purchase more Gold Coins on the Platform. You cannot win prizes when you Participate in Standard Play. Inactive Account means a Customer Account which has not recorded any activity including logging in or out for a period exceeding 12 consecutive months.
Merchandise means any physical goods provided to you by Funz Casino as a reward or via a competition or tournament prize.
Participate means playing any Games or using our Platform in any manner whatsoever, including any of the conduct described in clause 4.
Payment Administration Agent means the service provided through any related body corporate, affiliate, or third party we appoint to act as our agent, including but not limited to DIGI MATRIX INC. Payment Medium means any card, online wallet, financial/bank account or other payment medium used to purchase Gold Coins. Player or you means any person who Participates, whether or not a Registered Customer. Prizes means prizes won when playing Promotional Play Games which are redeemable for valuable prizes in accordance with the Sweeps Rules. Registered Customer means a Player who has successfully registered a Customer Account, whether that account is considered active or not. Sweeps Rules means the Sweeps Rules available on the Platform. Terms and Conditions means these terms and conditions, as amended from time to time. Third Party Website means a third-party website not controlled by us. DIGI MATRIX INC means DIGI MATRIX INC, a Delaware incorp services, incorporated in the United States and subject to the laws of the USA having its registered address at 131 Continental Drive, Suite 301, Newark, Delaware, 19713, USA.
DIGI MATRIX INC (including “DIGI MATRIX INC”, “We”, “Us” or “Our”) means DIGI MATRIX INC and any applicable subsidiaries that form the DIGI MATRIX INC and that may collect, use, maintain and disclose information collected from the Website.
The online social game known as “Funz Casino” is owned and operated by DIGI MATRIX INC. All payments are processed by DIGI MATRIX INC or any Payment Administration Agent it appoints. The sweepstakes promotions and prizes offered by Funz Casino are operated by DIGI MATRIX INC.
Funds equal to the aggregate value of Prizes which Registered Customers have chosen to leave unredeemed are held by DIGI MATRIX INC in accounts separate from its business account. This means that steps have been taken to protect such funds, but that in the event of insolvency there is no absolute guarantee that any Prizes which you have not yet redeemed will be allocated or paid to you.
Restrictions
4.1 You declare and warrant that:
Gold coin purchases made from within Excluded Territories will be voided and refunded, minus an administrative fee of up to 10% of the total purchases made by the player, in addition to any charges that may be levied by the bank or financial institution managing the reversal.
It is a Player’s responsibility to ensure that their Participation is lawful in their jurisdiction. Any person who is knowingly in breach of clause 4, including any attempt to circumvent this restriction, for example, by using 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 location or place of residence, or by Participating from an Excluded Territory or through a third party or on behalf of a third party located in an Excluded Territory, is in breach of these Terms and Conditions. You may be committing fraud and may be subject to criminal prosecution.
Eligible Players
Employees of DIGI MATRIX INC, any of their respective affiliates, subsidiaries, holding companies, 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 least 3 months of the year) are not eligible to Participate.
Subject to your agreement and continuing compliance with these Terms and Conditions, DIGI MATRIX INC grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited licence to access and use the Platform and the Content through a supported Web browser or mobile device, solely for your personal and private entertainment.
These Terms and Conditions do not grant you any right, title or interest in the Platform or Content.
You acknowledge and agree that your licence to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your licence to use the Platform (including the Games and Content) may be immediately terminated.
Where the Platform or any Game is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any licence to, and must refrain from accessing, the Platform or relevant Game.
Games offered on the Platform may have their own rules which are available on the 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. Gold Coin Purchases
The Payment Medium you use to purchase Gold Coins must be legally and beneficially owned by you and in your name. If it is discovered that the name you registered on your Customer Account and the name linked to your Payment Medium differ, your Customer Account will be immediately suspended.
We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Medium you use to make Gold Coin purchases.
You agree that we, and our Payment Administration Agents, and payments facilitators, may store your payment information (e.g., credit card token) to process your future purchases. By accepting these Terms and Conditions, you authorize DIGI MATRIX INC and our Payment Administration Agents and payments facilitators to tokenize your payment credentials in compliance with applicable payment processing regulations.
DIGI MATRIX INC begins processing a payment for the purchase of Gold Coins when you click on the “CONFIRM PAYMENT” button. Refunds
Purchases of Gold Coins are final and non-refundable, transferable or exchangeable.
You agree to notify us about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies.
You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Customer Account (even if not authorized by you). Gold Coin and Sweeps Coins Balance
You may participate in any Game only if you have sufficient Gold Coins or Sweeps Coins (as applicable) in your Customer Account for such Participation. We will not extend you any credit whatsoever for the purchase of Gold Coins or otherwise.
From time to time, we may assign minimum or maximum Gold Coin purchases as specified and offered on the Platform.
Once a Gold Coin purchase has been made, the funds will be drawn from your Payment Medium as soon as practicable.
The purchase of Gold Coins is the purchase of a licence that allows you to Participate in Standard Play Games and is not the deposit of funds which can be withdrawn. Funds used to purchase Gold Coins will not, and cannot, be refunded to you, except as provided for in clause 7.7.
Gold Coins do not have any real money value.
Gold Coins or Sweeps Coins that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Gold Coins or Sweeps Coins (whichever applicable) will be drawn from your Gold Coin or Sweeps Coins balance instantly.
If you are found to have one or more of your purchases returned or reversed or charged back, your Customer Account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to us and you must immediately remit payment for such purchases through an alternative payment method. Until payment is received by us or our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem Sweeps Coins for Prizes will not be allowed. Sweeps Rules
Unless we require otherwise, in accordance with clause 7.16, any Sweeps Coin allocated to you is only required to be played once before it is eligible to be redeemed as a Prize.
We may, in our sole discretion, require that any Sweeps Coins allocated to you be played a greater number of times (not exceeding 20) in any combination of Promotional Play Games before it is able to be redeemed as a Prize. Void Games
We reserve the right to declare Participation in a 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. Final Decision
In the event of a discrepancy between the result showing on a user’s device and the DIGI MATRIX INC server software, the result showing on the DIGI MATRIX INC server software will be the official and governing result.
All promotions, including Games played in Promotional Play, contests, special offers and bonuses, are subject to these Terms and Conditions, the Sweeps Rules and to additional terms that may be published at the time of the promotion. In the event and to the extent of any conflict between these Terms and Conditions and any promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
DIGI MATRIX INC reserves the right, at its sole discretion, to withdraw or modify such promotions (including their availability) without prior notice to you. If, in the reasonable opinion of DIGI MATRIX INC, we form the view that a Registered Customer is abusing any promotion, to derive any advantage or gain for themselves or other Registered Customers, 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.
Without limiting clause 13.5, you confirm that you grant DIGI MATRIX INC an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, and without further acknowledgement of you as the author, any Content you post or publish as part of a promotion, contest or competition.
Prize Redemption Methods
When you choose to redeem Prizes for gift cards, the gift cards will be allocated to the email address that you have registered against your Customer Account, or if this is not technically possible, then to an alternative email address you nominate, provided that email address is also your address and not that of a third party.
When you choose to redeem Prizes for cash, the cash payment will be made to the Payment Medium from which you purchased Gold Coins, or if this is not technically possible, then to an alternative financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Gold Coins, or a specific payment method at our own discretion. Fees and Limits
We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption threshold of SC100 for Prize redemptions.
In Florida, the maximum redemption value for a Prize won on any one spin or play is USD $5,000 and any Prize with a value more than USD $5,000 will be reduced to a maximum value of USD $5,000.
We reserve the right, in our sole discretion, to limit the value of your Prize redemptions in other eligible States to USD $10,000 per day; or any other amount over any time that we consider necessary to satisfy our regulatory obligations or the requirements of our partners and suppliers. Your Responsibility for Prize Redemptions and Accuracy of Details
When you choose to redeem Prizes for gift cards pursuant to clause 9.1, it is your sole responsibility to ensure that the email address and all relevant details you provide are accurate. If the details you have provided are not accurate, and we have processed the redemption using the details you have provided, the redemption of that Prize is considered complete, and we are not required to reissue the gift cards.
If no valid email address is provided to us within 60 days of a request from us to do so, DIGI MATRIX INC is not obliged to allocate the gift cards to you and may in its discretion deem the Prizes to be void.
When you choose to redeem Prizes for cash, it is your sole responsibility to ensure that your financial institution will accept payment from us into your bank account. DIGI MATRIX INC has no obligation to check whether your financial institution will accept payments from us to your nominated bank account.
Payment RestrictionsSubject to clause 9.10, we will not make payments into an account or online wallet which does not match your verified name or the name you provided when registering your Customer Account, or that is not legally and beneficially owned by you.
Prizes Redeemed for CashPrizes redeemed for cash will be paid into a joint account or joint wallet provided that one of the names on the joint account or joint wallet exactly matches the name you provided when registering your Customer Account or your verified name and all verification checks we require in relation to you and the other account holder are completed to our satisfaction.
Redemption will not be paid into:
You agree that you are solely responsible for the accuracy of the bank account or wallet details you provide. If you provide inaccurate details and we process the payment, the redemption is complete and we are not required to reverse or reissue the payment.
Alternative Bank AccountIf your financial institution will not accept payments or your account does not meet requirements:
All purchases and payments are executed in USD. It is your responsibility to ensure your bank account can accept USD transactions. All exchange fees and costs are your responsibility.
Timing and Frequency for Prize RedemptionsWe may appoint agents to process payments on our behalf. They hold the same rights as us under these Terms. We are not liable for their negligence or acts outside their authority.
Sweeps Coins ExpirySweeps Coins are valid for 60 days from your last login. They may be forfeited if your account is closed or at our discretion.
Updating Payment DetailsUpdating or adding payment details can only be done by you while logged in during a redemption process. We cannot update them on your behalf.
Refused PrizesIf you refuse payments:
If coins or prizes are mistakenly credited to your account, they remain our property and will be deducted. If mistakenly paid out, the amount constitutes a debt owed by you to us.
You are obliged to notify Customer Support if you notice incorrect additions.
You will not directly or indirectly:
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. Transactions are monitored to prevent money laundering.
If DIGI MATRIX INC suspects you of fraudulent, unlawful, or improper activity (including money laundering or violation of these Terms and Conditions):
If any player suspects unlawful or fraudulent activity or prohibited transactions by another player, they must notify DIGI MATRIX INC immediately using the contact methods provided in the Customer Complaints procedure (see clause 21).
DIGI MATRIX INC actively supports responsible social gameplay and encourages Players to make use of a variety of responsible social gameplay features. You may, at any time, request to take a break, self-exclude or permanently close your Customer Account. You may also set a limit on your purchases of Gold Coins, the amount of Sweeps Coins you play or the time you spend logged into your Customer Account. Please refer to our Responsible Social Gameplay Policy for full details.
DIGI MATRIX INC is committed to providing excellent customer service. As part of that pledge, DIGI MATRIX INC is committed to supporting responsible social gameplay. Although DIGI MATRIX INC will use all reasonable endeavors to enforce its responsible social gameplay policies, DIGI MATRIX INC does not accept any responsibility or liability if you nevertheless continue gameplay and/or seek to use the Platform with the intention of deliberately avoiding the relevant measures in place and/or DIGI MATRIX INC is unable to enforce its measures/policies for reasons outside of DIGI MATRIX INC’s reasonable control.
You will not directly or indirectly:
You must not use the Platform for unlawful or fraudulent activity or prohibited transactions (including Fraudulent Conduct) under applicable laws. Transactions are monitored to prevent money laundering.
If DIGI MATRIX INC suspects fraudulent, unlawful, or improper activity, including money laundering or conduct violating these Terms and Conditions:
If any player suspects unlawful or fraudulent activity or prohibited transactions by another player, they must notify DIGI MATRIX INC immediately using the communication methods listed in the Customer Complaints procedure (see clause 21).
The computer technology, user experience, user interface, the Platform and all components made available to you are owned by, or licensed to, DIGI MATRIX INC or its associates and protected by intellectual property laws. You may only use the software for your own personal, recreational uses in accordance with all rules, Terms and Conditions we have established (including these Terms and Conditions and the Sweeps Rules) and in accordance with all applicable laws, rules and regulations.
You acknowledge that DIGI MATRIX INC is the proprietor or authorized licensee of all intellectual property in relation to any Content. Your use of the Games and Platform does not provide you with any intellectual property rights in the Content, Games or Platform.
You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free licence 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 DIGI MATRIX INC.
You must not reproduce or modify the Content in any way, including by removing any copyright or trademark notices. 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.
You acknowledge and agree that DIGI MATRIX INC: is not responsible for Third-Party Websites; and makes no guarantee as to the content, functionality, or accuracy of any Third-Party Websites.
You further acknowledge that some Third-Party Websites may be fraudulent in nature, offering Gold Coins or Sweeps Coins which the operators of those websites are not authorized to provide, in order to induce you to reveal personal information (including passwords, account information and credit card details).
You agree that DIGI MATRIX INC is not responsible for any actions you take at the request or direction of these, or any other Third-Party Websites. We do not authorize any third party to offer Gold Coins or Sweeps Coins on our behalf. Any such offer should be deemed fraudulent and disregarded.
Third-Party Websites are subject to the terms and conditions outlined by that third party.
Any links to Third-Party Websites do not:
Where a website controlled and operated by DIGI MATRIX INC contains links to various social networking sites, such as Facebook® and Twitter®, you acknowledge and agree that:
The Platform is provided on an “as is” basis and, to the fullest extent permitted by law, DIGI MATRIX INC makes no warranty or representation, whether express or implied, regarding the satisfactory quality, fitness for purpose, completeness, or accuracy of the Platform (including the Games and Content).
MalfunctionsDIGI MATRIX INC reserves the right to suspend, modify, remove, or add Content (including availability) at its sole discretion, effective immediately and without notice. DIGI MATRIX INC is not liable for any losses caused by such changes, and you will have no claims against DIGI MATRIX INC in this regard.
Service SuspensionDIGI MATRIX INC may temporarily suspend the whole or any part of the Platform at its sole discretion. Notice may be provided if reasonably practicable, but is not required. The Platform will be restored as soon as reasonably possible after suspension.
The Platform, or any feature thereof (including any and all Games, promotions, challenges and Content), may not be available in all territories and jurisdictions and DIGI MATRIX INC makes no representation that the Platform is or shall remain available for use in any particular territories and jurisdictions. You acknowledge and agree that DIGI MATRIX INC may (at its sole discretion) change, restrict or prohibit the availability of all or a portion of the Platform in certain territories and jurisdictions at any time, and you will have no claims against DIGI MATRIX INC in such regard.
Although we take all reasonable measures to ensure that the Platform is free from viruses, we cannot and do not guarantee that the Platform is 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.
DIGI MATRIX INC is committed to protecting and respecting your privacy and complying with all applicable data protection and privacy laws. Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a prerequisite to account registration.
You consent to receive marketing communications from DIGI MATRIX INC in respect of its offerings by way of email, post, SMS and telephone notifications, any of which you may unsubscribe from at any time by contacting Customer Support.
We may provide you with a Live Chat service to talk to our Customer Support representatives, or to talk to other Players. This may include use of our Facebook® wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use our Live Chat services for illegal purposes. Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only. Spamming on Live Chat is prohibited.
If you breach any of the provisions relating to a Live Chat service:
We will not be liable for any damage arising from the Live Chat service. You agree to indemnify us against any damage arising out of your illegal, unlawful, or inappropriate conduct, or violation of the provisions in clause 20 or any other Platform rules applying to the Live Chat service.
If you would like to contact our Customer Support department or have a complaint regarding our Platform (including any Game) you may contact Customer Support. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND DIGI MATRIX INC SHOULD BE CARRIED OUT USING THE EMAIL ADDRESS THAT YOU HAVE REGISTERED AGAINST YOUR CUSTOMER ACCOUNT HELD WITH DIGI MATRIX INC. FAILURE TO DO SO MAY RESULT IN OUR RESPONSE BEING DELAYED.
The following information must be included in any written communication with DIGI MATRIX INC (including a complaint):
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. All complaints and support inquiries will be managed by the Funz Customer Service Team in a timely manner. Depending on the volume at any one time within the customer service team, responses and rectifications may take up to 12 business days. We will aim to resolve all issues as quickly as possible. If you are not satisfied with the outcome, you may pursue arbitration as provided in Clause 25.
Without limiting clause 6.10, we reserve the right, at our sole discretion, to suspend or close your Customer Account (notwithstanding any other provision contained in these Terms and Conditions) where we have reason to believe that you have engaged or are likely to engage in any of the following activities:
If DIGI MATRIX INC suspends or closes your Customer Account for any of the reasons referred to in clause 22.1 above, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by DIGI MATRIX INC (together “Claims”) arising therefrom and you will indemnify and hold DIGI MATRIX INC harmless on demand for such Claims.
If we have reasonable grounds to believe that you have participated in any of the activities set out in clause 22.1 above then we reserve the right to withhold all or part of the balance or recover from your Customer Account any Prizes, Gold Coins or Sweeps Coins that are attributable to any of the activities contemplated in clause 22.1.
In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties. If your Customer Account is suspended or closed and this leads to the withholding of Prizes, Sweeps Coins or Gold Coins, a documented copy of the decision may be sent to any arbitration body, as appropriate. It will not be possible for you to unlock your Customer Account during any suspension period. The rights set out in clause 22 are without prejudice to any other rights that we may have against you under these Terms and Conditions or otherwise.
Indemnity
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US AND OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBCONTRACTORS, LICENSORS, SUPPLIERS AND AGENTS 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) ACCESSING OR USING THE PLATFORM; (b) RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE PLATFORM OR ANY OTHER SOURCE WHATSOEVER; (c) FACILITATING OR MAKING A PAYMENT INTO YOUR CUSTOMER ACCOUNT; (d) PLAYING THE GAMES THROUGH ANY DELIVERY MECHANISM OFFERED; AND (e) ACCEPTANCE AND USE OF ANY PRIZE. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR PARTICIPATION OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE PLATFORM AND TO CLOSE YOUR CUSTOMER ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN CLAUSES 15 AND 17, AND THE INDEMNITIES AND LIMITATIONS OF LIABILITY IN CLAUSE 23, ARE MATERIAL AND BARGAINED- FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS AND CONDITIONS. Depending on where you reside and use the Platform, some of the limitations contained In clause 23 may not be permissible. In such case, they will not apply to you, solely to the extent that they are prohibited. Negligence and Wilful Misconduct
NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF DIGI MATRIX INC FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY DIGI MATRIX INC’S NEGLIGENCE OR WILFUL MISCONDUCT. Survival of Obligations
CLAUSE 23 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.
Interest
You will not receive any interest on outstanding Prizes, and you will not treat DIGI MATRIX INC as a financial institution. No legal or tax advice
DIGI MATRIX INC 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 advisors.
PLEASE READ THIS CLAUSE 25 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND DIGI MATRIX INC TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND DIGI MATRIX INC CAN SEEK RELIEF FROM EACH OTHER.
If you reside in or access the Games at any time while located in the United States, this clause 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions.
By agreeing to these Terms and Conditions, and to the extent permitted by applicable law, you and DIGI MATRIX INC agree that any and all past, present and future disputes, claims or causes of action between you and DIGI MATRIX INC arising out of or relating to these Terms and Conditions, the Platform and Games, the formation of these Terms and Conditions or any other dispute between you and DIGI MATRIX INC or any of DIGI MATRIX INC's licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this clause 25, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and IDIGI MATRIX INC further agree that any arbitration pursuant to this clause 25 shall not proceed as a class, group or representative action.
Informal Disstrongute ResolutionDIGI MATRIX INC wants to address your concerns without the need for a formal legal dispute. Before filing a claim against DIGI MATRIX INC, you agree to try to resolve the Dispute informally by contacting Customer Support. Similarly, if you have provided an email address to us as part of your Customer Account registration, DIGI MATRIX INC agrees to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or DIGI MATRIX INC may initiate an arbitration proceeding as described below.
Agree to ArbitrateBy agreeing to these Terms and Conditions, and to the extent permitted by applicable law, you and DIGI MATRIX INC each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.
Opt-out of Agreement to ArbitrateYou may decline this agreement to arbitrate by contacting Customer Support within 30 days of first accepting these Terms and Conditions and stating that you (including your first and last name, email address and postal address) decline this arbitration agreement.
By opting out of the agreement to arbitrate, you will not be precluded from playing the Games, but you and DIGI MATRIX INC will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the Terms and Conditions otherwise provided herein. For avoidance of doubt, in the event you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in this Section 25 shall continue to apply to you.
In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms and Conditions you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Platform or Games, that existing arbitration agreement will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you.
Arbitration Procedures and LocationYou and DIGI MATRIX INC agree that arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as modified by these Terms of Service. You and DIGI MATRIX INC further agree that, unless and only to the extent prohibited under AAA Rules, the arbitration will be held in Wilmington, Delaware or, at either your or our election, will be conducted telephonically or via other remote electronic means. The AAA Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Proceedings Requiring Three Arbitrators
Notwithstanding any language to the contrary in clause 25.8, if a party either seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other DIGI MATRIX INC users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the AAA Comprehensive Arbitration Rules and Procedures.
Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the AAA Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this clause 25.10 shall make that determination. You and DIGI MATRIX INC agree that any award issued by a three-arbitrator panel may be appealed in accordance with the AAA Optional Arbitration Appeal Procedures at either party’s election. Batch Arbitration
To increase efficiency of resolution, in the event 25 or more similar arbitration demands against DIGI MATRIX INC, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to the AAA, the AAA Mass Arbitration Procedures and Guidelines shall apply. In such an event, the AAA Process Administrator shall have the authority to implement the procedures set forth in the Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Clause 25 that are not in conflict with the AAA Mass Rules, including the qualifications for the arbitrators, shall continue to apply.
Class Action and Collective Arbitration Waiver.To the maximum extent permitted by applicable law, neither you nor DIGI MATRIX INC shall be entitled:
In connection with any dispute (as defined above), any and all such rights are hereby expressly and unconditionally waived. Notwithstanding anything to the contrary set forth in these Terms and Conditions, in the event all or any portion of Clauses 25.9, 29.10, 29.11 or 29.12 of this Clause 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) are found to be invalid or less than fully enforceable in a particular dispute, then the parties’ agreement to arbitrate (but not those provisions of Clause 25 applicable to litigation) may be deemed void and as having no effect for purposes of that dispute, upon either party's election.
Exceptions to Agreement to Arbitrate for Temporary Relief. Notwithstanding the other provisions of this clause 25 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a court for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.
These Terms and Conditions constitute the entire agreement between you and us with respect to your Participation and, save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your Participation. Amendments
DIGI MATRIX INC reserves the right to amend these Terms and Conditions, or to implement or amend any procedures, at any time. Any amendments will be published on the Platform and such changes will be binding and effective immediately.
Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re- confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms and Conditions, you must stop using the Platform. Tax
You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation. Force Majeure
DIGI MATRIX INC will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that are caused by events outside of our reasonable control. No agency
Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us. Severability
If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original import of the invalid or unenforceable provision. Explanation of Terms and Conditions
We consider these Terms and Conditions to be open and fair. If you need any explanation regarding these Terms and Conditions or any other part of our Platform contact Customer Support.
