Terms & Conditons
note
THIS WEBSITE AND ITS SERVICES DO NOT PROVIDE THE OPPORTUNITY TO WIN REAL PRIZES BASED ON THE
RESULTS OF PLAY. BEFORE USING THE SERVICES PROVIDED IN CONNECTION WITH ANY fortunate
SERVICES OR SITE, PLEASE READ THESE TERMS OF USE AND THE fortunate PRIVACY POLICY CAREFULLY
(AS DEFINED BELOW). PLEASE BE ADVISED THAT THESE TERMS OF USE CONTAIN A MANDATORY
ARBITRATION PROVISION THAT REQUIRES ANY PAST, PRESENT, OR FUTURE DISPUTES BETWEEN YOU AND US
TO BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL, NOT A CLASS-WIDE OR
CONSOLIDATED BASIS. YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY
FOLLOWING THE INSTRUCTIONS PROVIDED AT THE END OF THE SECTION TITLED "BINDING ARBITRATION
AND CLASS WAIVER.
Terms and Conditions Acceptance
These terms and conditions of use ("Terms of Use") govern your relationship with fortunate
Interactive LLC and its affiliated companies (collectively referred to as " fortunate" or
"We"
or "us") regarding your use of fortunate's social games and related services, which include
mobile applications and fortunate-branded Web sites (the "Services"). These Terms of Use
apply
to any fortunate Services or Sites, including, without limitation, the fortunate casino at
www.socialgamesas.com or any other sites on which these Terms of Use are posted, and/or any
fortunate application, Services, or product licensed, downloaded, or otherwise accessed
through
third party sites or sources (each, the "Site").
You acknowledge that you have read, understood, accepted, and agreed to be bound by these
Terms
of Use and any other terms and conditions referenced and incorporated herein, including,
without
limitation, the Privacy Policy referenced herein, by registering with, using, or otherwise
accessing the Services, including browsing the Site, accessing the Services with a mobile
device, or installing software obtained from the Site ("Privacy Policy"). You are not
permitted
to use the Services if you do not agree these Terms of Use and the Privacy Policy.
We reserve the right to change these Terms of Use and the Privacy Policy at any time, and
such
changes will take effect as soon as the new Terms of Use and Privacy Policy are posted on
the
Site. You are accountable.
Privacy
This page contains a link to the fortunate Privacy Policy. Any personal information you
supply
to us is governed by the Privacy Policy. You agree to the terms of the Privacy Policy by
using
the Services or accessing the Site.
Limitations on Use and the Right to Use
fortunate grants you a non-exclusive, non-transferable, revocable limited right to access
and
use the Services through a supported Web browser or mobile device solely for your own
non-commercial, entertainment purposes, subject to your agreement and continued compliance
with
the Terms of Use and Privacy Policy.
You represent and warrant that you have all necessary rights and permissions to use the
Services
and to be bound by these Terms of Use. You further agree that your use of the Services will
be
legal and that you will follow the use guidelines. In addition to the following, and as an
example rather than a limitation, you agree not to:
- Any element of the Services may not be modified, adapted, reverse engineered, or disassembled.
- Interfere with or disrupt the functioning of the Services or the servers or networks utilized to make the Services available, or violate any network's requirements, procedures, policies, or regulations;
- Set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud fortunate or any third party, or take any other action that otherwise violates these Terms of Use and/or the terms of service of any third-party applications or social networks through which the Services are accessed;
- Attempt to gain passwords or other private information, including personally identifying information, from other users of the Services.
- If you have been previously removed or banned by fortunate, you may not use the Services.
- Develop, distribute, or use any software or other applications that allow a user to cheat or gain an unfair advantage while using the Services
- Exploit or share any gaming fault or technical flaw that gives a user an unwanted advantage, such as accessing limited-time promotions many times;
- Transfer, transfer, or resell Virtual Goods (as defined below) to other people, companies, or organizations, or obtain Virtual Goods fraudulently;
- Without fortunate's express consent, you may not rent, lease, sell, trade, or otherwise transfer or share your account with anybody.
- Without fortunate's explicit permission, access or use an account that has been rented, leased, sold, exchanged, or otherwise transferred from the account creator;
- Attempt to use the Services on or through any website or service that is not authorized by fortunate.
Age
The Services are only for people over the age of 21. Without limiting the above, you must be
a natural person, at least 18 years old, to create an account, access, or engage in the
Services, and if you are under the age of 18 you will not be allowed to usethe Services.
Usernames and Passwords; Access
You can use your Facebook/Google account to log in to the Services. By logging in to the
Services with your Facebook account, you explicitly consent to our sharing of your actions
and data with Facebook. You must have a valid, active Facebook account to use and access the
Services if you access them through Facebook.
You will also require an account with a source of downloaded mobile applications, such as an
iTunes or Google Play account, if you are accessing the Services from a mobile device. Any
such account is exclusively your responsibility, as is your compliance with any agreement
you may form with respect to such account. To use the Services, you may need to update
third-party software, such as your operating system, from time to time. Such third-party
software is not in any way our responsibility. You are responsible for the device you use to
access the Services, as well as any expenses associated with connecting to the Internet and
app marketplaces, as well as any data or cellular consumption required to download and use
the Services.
You are responsible for keeping any password you use to access the Services secure, and you
agree not to give out your password or user login information ("User Name") to anyone else,
or lend or otherwise transfer your use of or access to the Services to anyone else. You are
solely responsible for any and all interactions with the Services that include your password
or User Name. You undertake to tell us promptly if your password or User Name is used
without your permission, or if there is any other security breachinvolving your account or
the Services, and to "log off" or leave from your account with the Services (if applicable)
at the end of each session.
Any unauthorized use of your password should be reported to us. We are not responsible for
any loss or damage resulting from your failure to comply with any of the aforementioned
responsibilities, and you agree to indemnify and hold fortunate harmless for any
inappropriate or unlawful use of your fortunate account (s). This includes illegal or
improper use by someone you've given authorization to use your account(s) or who you've
permitted to use your account(s) irresponsibly (s).
You also represent and warrant to fortunate that any information you provide is complete and
correct. Knowingly submitting incomplete or false information may result in your
participation being terminated and any Virtual Goods you are otherwise entitled to being
forfeited, at fortunate's sole discretion, to the extent legally permissible.
Subscriptions
Subscription services may be available on some of fortunate's websites. If you purchase a
subscription, you are requesting that fortunate begin providing subscription services
immediately and entering into a monthly subscription contract with us by clicking the
purchase button. You also authorize a monthly subscription fee to be charged to your account
at the rate stated at the time of purchase. The platform will charge you for subscription
services acquired through Services or Sites played on a platform such as Facebook, Apple, or
Google, and the platform's payment terms will apply. For more information, please see the
payment terms of the applicable platform.
The subscription rates are based on aINRin app purchases. When you start your subscription,
the charges will be applied to the payment instrument you give (or to a different payment
instrument, if you change your account information). Please note that prices and levies are
subject to change, and we will notify you if this occurs.
Unless you cancel your subscription or we cancel it, your subscription will automatically
renew each month. Otherwise, payment of the next month's subscription fees will be deducted
automatically via your selected payment method until you cancel your subscription before it
renews each month.
For games played on a platform, you can cancel at any time straight through the platform.
Please visit each platform's customer support website or call their customer service numbers
for information on how to cancel auto-renewing memberships.
SUBSCRIPTION PAYMENTS ARE NON-REFUNDABLE, AND REFUNDS OR CREDITS FOR PARTIALLY USED
SUBSCRIPTION PERIODS ARE NOT AVAILABLE, EXCEPT FOR EU CUSTOMERS WHO CANCEL WITHIN 14 DAYS OF
THEIR INITIAL PURCHASE, AS EXPLAINED BELOW;
fortunate may from time to time offer a one-time or limited-time bonus to players who have
an active subscription or who agree to start one. You acknowledge that these goods will not
be included in your regular subscription
It is totally forbidden to transfer Virtual Goods. Any effort to do so is a violation of
these Terms of Use, and any such attempt may result in a lifetime suspension from the
Services as well as legal action.
Ownership of Intellectual Property
All rights in the material within the Services (including, but not limited to, programs,
software, designs, graphics, texts, information, images, video, sound, music, and other
files, as well as their selection and arrangement) are retained by fortunate and its
licensors (collectively, the "Content"). Copyright, trade dress, patent, and trademark laws,
as well as international conventions and other laws protecting intellectual property and
related proprietary rights, protect the Content. You may only use the Content for personal,
noncommercial enjoyment purposes in conjunction with your usage of the Services. Except as
permitted below, you may not use the Content in any other way or for any other purpose
without our prior written permission and/or the approval of any third party we think
essential. You acknowledge that by using the Services or accessing any of the Content, you
do not acquire any ownership rights. You may be in violation of copyright laws, trademark
laws, privacy and publicity laws, and other applicable regulations and statutes if you use
the Content without permission.
Furthermore, by accessing or using the Services, you recognize and agree that any name,
logo, trademark, brand, or service mark ("Trademarks") associated with the Services is owned
or licensed by us and may not be utilized without our prior written permission. Nothing in
the Services should be considered as granting, by implication, estoppel, or otherwise, any
license or right to use any Trademarks without our prior permission and/or the permission of
the third party who owns the Trademarks.
Any data, questions, comments, suggestions, or the like that you send to fortunate via
e-mail or otherwise are and will be considered as non-confidential and non-proprietary.
fortunate is free to use, reproduce, modify, disclose, transmit, or post any ideas,
concepts, know-how, or techniques contained in any communication you send to fortunate for
any purpose, including but not limited to developing, manufacturing, and marketing products
based on such information, without payment or acknowledgement that you were the source of
such materials.
Information and Content Provided by Users
By using the Services or participating on the Site, you agree that the Site may (a) display
your first name, first initial of your last name, picture, profile, and game records on the
Site, and (b) print, publish, broadcast, and use your name, picture, voice, likeness, and/or
biographical information for promotional purposes worldwide, in any media, and at any time.
You agree that you are solely responsible for any content, location information, messages,
posts, comments, data, text, images, photographs, videos, or other materials transmitted via
the Services ("User Content").
You grant fortunate a royalty-free, fully paid, non-exclusive, sublicensable, transferable,
irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform,
display, store, distribute, reproduce, modify, create derivative works from, and otherwise
use any and all user Content in connection with the Services by submitting, transmitting,
posting, uploading, or otherwise providing any User Content in connection with the Services.
You are not entitled to any credit, approval, or compensation for any such use of the User
Content you may submit.
fortunate reserves the right (but is under no obligation) to remove, block, edit, move,
disable, or permanently delete User Content in its sole discretion, with or without notice.
You agree that, to the greatest extent permitted by law, fortunate will not be liable for
the removal, modification, blocking, moving, or deletion of User Content.
You also represent and warrant that you own or otherwise control all rights to the User
Content and that fortunate's public posting of the User Content will not infringe or violate
the rights of any third party in any way. You also agree that any personal identification,
such as personal names, will not be included in the User Content.
- comments or other materials that are sexually oriented, explicit or suggestive, or that exploit people sexually or violently;
- comments or other materials that are violent or derogatory of any ethnic, racial, gender, or religious group;
- comments or other materials that harass or advocate the harassment of another person;
- comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons, or any other activities that could be construed as illegal;
- comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- comments or other materials that infringe any party's trademark, trade secret, copyright, or other proprietary rights.
You agree that we are not liable for any User Content posted in connection with any aspect
of the Services. We are simply providing our users with access to the Services and User
Content as a courtesy to be used in accordance with these Terms of Use. Regarding any User
Content posted by other users, such users are solely responsible for the User Content they
post, including, but not limited to, the dependability, accuracy, and truthfulness of any
such User Content. Likewise, we have no control over whether such User Content is of a
nature that other users may find offensive, distasteful, or otherwise unacceptable, and we
expressly disclaim any responsibility for any User Content. You should use appropriate
discretion, good judgement, and caution when accessing User Content in the Services and
taking any actions based on such User Content, just as you would when viewing content in any
other setting. As a result, you will be solely responsible for any and all risks associated
with any such User Content that you access or use.
We reserve the right, but not the obligation, to monitor and delete any User Content that we
deem to be inconsistent with our policies. We also reserve the right, in our sole
discretion, to terminate the account of any user who violates any of these Terms of Use,
including infringement by a user of third-party copyrighted materials.
if you become aware of any User Content posted in connection with the Services that violates
these Terms of Use. Please provide as much detail as possible, including a copy of the
underlying material, the location where we might find it, and the reason for removing such
User Content. Please keep in mind that filing a complaint does not guarantee that it will be
removed. In our sole discretion, we will remove User Content only if we believe it is
necessary. Please follow the instructions in the section titled "Copyright Infringement
Claims" if your notice is based on an alleged copyright violation. Although we may attempt
to monitor User Content, we assume no obligation to do so and accept no liability for
failing to monitor the Site or remove specific User Content.
Channels of Communication
The Services may include communication channels such as forums, communities, or chat areas
("Communication Channels") that allow you to interact with other Service users. fortunate is
under no obligation to monitor these communication channels, but may do so, and reserves the
right, at its sole discretion, to review materials posted to the Communication Channels and
remove any materials at any time, with or without notice, for any reason. fortunate reserves
the right to terminate or suspend your access to any Communication Channels at any time and
for any reason. You acknowledge that any chats, postings, or materials posted by users on
the Communication Channels are not endorsed or controlled by fortunate, and that these
communications should not be regarded as reviewed or approved by fortunate. You will be
solely responsible for your activities in the Communication Channels, and fortunate will not
be held liable for any activity in the Communication Channels. You agree that all of your
communications through the Communication Channels are public, and you have no expectation of
privacy in connection with your use of the Communication Channels. fortunate is not liable
for any information you choose to share on the Communication Channels or the actions of
other users.
Notice of Copyright
fortunate expects our users to respect other people's intellectual property rights. If you
are the owner of copyright and believe that your work has been used in the Services in a way
that violates your copyright, please provide our Copyright Agent with a notice that meets
all of the requirements of the Digital Millennium Copyright Act ("DMCA"). The following
information should be included in your notice:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the allegedly infringing material is located in the Services;
- your address, phone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
Please carefully consider whether the use of the copyrighted material at issue is protected
by the Fair Use doctrine before filing your DMCA notice. You may be liable for costs and
attorneys' fees if you file a DMCA notice when there is no infringing use.
Termination
You agree that, to the extent legally permissible, fortunate may terminate your access to or
use of the Services at any time and for any reason, including, without limitation, if we
believe you have violated or acted inconsistently with the letter or spirit of these Terms
of Use. Your right to use some, if not all, of the Services will be immediately terminated
in the event of such a termination. You agree that any termination of your access to or use
of the Services may occur without prior notice, and that we may immediately deactivate or
delete your account, User Name, and password (excluding your Facebook account), as well as
all related information and files associated with it, and/or bar any further access to such
information or files, and/or bar any further access to such information or files. You agree
that we will not be liable to you or any third party if your access to the Services or any
such information or files is terminated, nor will we be required to make such information or
files available to you after such termination.
Liability Restriction
BY ACCESSING, USING, OR DOWNLOADING THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS
AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING
THE SERVICES, NOR fortunate, ITS AFFILIATES, SUBSIDIARIES, OR ANY OF THEIR EMPLOYEES,
AGENTS, RING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE,
DIRECTLY OR INDIRECTLY, THROUGH YOUR ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT
ON THE SERVICES, OR BROWSING OF THE SERVICES, OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, fortunate'S
AND/OR ITS AFFILIATES' TOTAL LIABILITY IS LIMITED TO THE TOTAL AMOUNT YOU PAID fortunate IN
THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT ANY SUCH CLAIM. RELEASED PARTIES ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE,
WITHOUT LIMITING THE FOREGOING. FOR ANY DAMAGES RELATED TO OR CAUSED BY ANY VIRUSES, BUGS,
HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE, OR PROGRAM
MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES, OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK
CONNECTIONS AS A RESULT OF YOUR ACCESS TO OR THE RELEASED PARTIES CANNOT AND DO NOT WARRANT
CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
Limitation of Liability
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify,
and hold Released Parties harmless from and against all claims, damages, losses, liability,
costs, and expenses (including attorneys' fees) arising out of (a) your use of, access to,
or activities in connection with the Services or (b) any violation of these Terms of Use by
you or through your account. This obligation to defend and indemnify will survive these
Terms of Use and your use of the Services.
Warranties are disclaimed.
THE SERVICES, IN WHOLE OR IN PART (INCLUDING, BUT NOT LIMITED TO, ALL CONTENT AND USER
MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT
EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTI WITHOUT LIMITING THE
GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED;
AND (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED. (C) THAT THE SERVICES WILL
BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY,
COMPLETENESS, OR VALIDITY OF ANY INFORMATION OR MATERIALS RELATED TO THE SERVICES; (E) THAT
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL
BE SECURE.
Exceptions
SOME JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN
WARRANTIES, LIABILITIES, OR DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND
LIMITATIONS MAY NOT APPLY TO YOU. OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTIONS.
Playing the Game
The odds of winning the of game credits awarded by similar games found in casinos may not be
replicated by the games offered on the Site or through the Services. The games may also
include products that resemble "real world" gaming products but amount predetermined by
fortunate in its sole discretion. The game credits awarded may also change over time, and we
reserve the right to change them at our sole discretion. fortunate reserves the right to
change the award percentages at any time without prior notice to you.
Attempting to hack or tamper with the services
You agree that fortunate is not liable for any damage, loss, or injury caused by
unauthorized access to or use of the Services, including hacking. Any attempt to gain
unauthorized access to the Services, interfere with procedures or performance of the
Services, or intentionally damage or undermine the Services will result in immediate
termination of your participation and forfeiture of any prizes to which you are otherwise
entitled. Any attempt to access or use any portion of the Services using automatic, macro,
programmed, or similar methods, or to commit fraud with regard to the Services, will result
in civil and/or criminal prosecution, termination of your participation, and forfeiture of
all prizes to which you are otherwise entitled.
Conflicts with Others
fortunate reserves the right, but has no obligation, to monitor and/or manage disputes
between you and other Service users. If you have a dispute with another user, you release
and agree to indemnify fortunate from all claims, demands, and damages (actual and
consequential), known and unknown, arising out of or in any way connected with such dispute.
Legality
You are subject to all laws of the jurisdiction in which you reside and from which you
access the Services, and you are solely responsible for complying with those laws. You agree
that fortunate will not be held liable if laws in your jurisdiction restrict or prohibit
your participation in the Services. fortunate makes no implicit or explicit representations
or warranties about your legal right to access or participate in the Services, nor does any
person affiliated with, or claiming affiliation with, fortunate have the authority to make
such representations or warranties. fortunate reserves the right to monitor the location
from which you access the Services and to block access from any jurisdiction where
participation is prohibited or illegal.
Hyperlinks to Third-Party Websites
Although the Services may contain links to third-party websites, we do not imply any
approval, association, sponsorship, endorsement, or affiliation with the linked site, unless
expressly stated. By using or downloading the Services, you acknowledge that we have not
reviewed all of the websites linked to the Services and are not responsible for the content
of any off-site pages or any other site linked to the Services. Any links to other off-site
pages or sites are at your own risk.
Service Improvements
We reserve the right, at any time and from time to time, temporarily or permanently, with or
without notice, in whole or in part, to the extent legally permissible: to modify or
discontinue the Services; to modify or remove any of the information contained in the
Services; to limit the availability of the Services to any person, geographic area, or
jurisdiction we choose; to charge fees in connection with the use of the Services; and to
modify and/or waive any fees charged in connection with the Services in whole or in part, or
of any of the Services' content Your continued use of the Services following such changes
will be interpreted as your acceptance of such changes.
Complete Agreement
These Terms of Service, including the Privacy Policy, constitute the entire agreement
between you and fortunate and may not be modified by you. Any person affiliated with, or
claiming affiliation with, fortunate may not modify these Terms of Service on an individual
basis. Nothing in this section prevents fortunate from changing these Terms of Service.
Severability
If any part of these Terms of Service is found to be void or unenforceable, that provision
shall be deemed severable from these Terms of Service and shall not affect the validity and
enforceability of the remaining provisions. To avoid ambiguity, if any portion of any
particular section of these Terms of Use, including, without limitation, the section
entitled "Binding Arbitration and Class Waiver," is deemed unenforceable, the remainder of
such section shall remain enforceable.
Local Statutes
These Terms of Service make no claim to supersede the laws of the jurisdiction from which
you access the Site, to the extent that such law is deemed to be applicable to your use of
the Services. fortunate will abide by all applicable laws in all aspects of your use of the
Services. Without limiting the foregoing, we will comply with all applicable consumer
protection laws.
Headings
The headings and titles in these Terms of Service are provided for convenience only and have
no legal or contractual significance.
Event of Force Majeure
We will not be liable in any amount for any failure to perform any obligation under these
Terms of Use if such failure is caused by an unforeseen contingency beyond our reasonable
control, including, but not limited to, Internet outages, communications outages, fire,
flood, or war.