TERMS OF SERVICES
TERMS OF SERVICES
Version 1.0
IMPORTANT NOTICE: These Terms of Services have been updated as of May 22nd, 2025, and supersede and replace all prior Terms of Services.
These Terms of Services (the "Terms" or "TOS") and the Arbitration Agreement (detailed in Section 17) constitute binding agreements between you ("You" or "User") and NexusX Game Studios ("TX GAME," "Us," "We," or "Sponsor"). They set forth all terms and conditions governing Your access to and use of the platform named "Sorcery Reels," accessible at the URL: https://txgame.club/, as well as any related applications (the "Site"), Your creation of a TX GAME user account ("User Account"), Your use of the freemium games ("Games") on the Site, and any transactions or interactions with Us (collectively, the "Service").
CRUCIAL NOTICES:
THIS WEBSITE AND THE SERVICES OFFERED HEREIN DO NOT FACILITATE “REAL MONEY GAMBLING.” NO ACTUAL MONEY IS REQUIRED TO PLAY, AND THE SERVICE IS PROVIDED SOLELY FOR ENTERTAINMENT PURPOSES.
THESE TERMS OF SERVICES INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT. THIS AGREEMENT MANDATES THAT ALL PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY, AND SOLELY FOR YOUR OWN LOSSES. YOU ARE PROHIBITED FROM PROCEEDING AS A CLASS REPRESENTATIVE, MEMBER, OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING. FURTHERMORE, YOU MAY NOT SEEK RECOVERY ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU FORFEIT YOUR RIGHT TO SEEK DAMAGES IN COURT OR TO PRESENT YOUR CASE TO A JURY.
OPT-OUT: IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS OR FOR FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY CONSENTED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICES, YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT. TO DO SO, YOU MUST FOLLOW THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER" SECTION (SECTION 17) BELOW, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT. OPT-OUT REQUESTS SUBMITTED AFTER THIS THIRTY (30) DAY PERIOD WILL BE DEEMED NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 17, ALL OTHER REMAINING SECTIONS OF THESE TERMS WILL REMAIN APPLICABLE.
PLEASE CAREFULLY REVIEW THE FOLLOWING TERMS OF SERVICES, THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (SEE SECTION 17 BELOW), AND THE TX GAME PRIVACY POLICY BEFORE UTILIZING THE SERVICES OFFERED IN CONJUNCTION WITH ANY TX GAME SERVICES. YOU AGREE THAT YOUR CONTINUED USE OR ACCESS OF THE SITE OR SERVICES WILL BE GOVERNED BY THESE TERMS OF SERVICES, WHICH FURTHER INCORPORATE THE PRIVACY POLICY, THE OFFICIAL SWEEPS RULES, AND THE RESPONSIBLE SOCIAL GAMEPLAY, AND ANY OTHER POLICIES THAT EXPLICITLY INCORPORATE THESE TERMS (COLLECTIVELY, “INCORPORATED POLICIES”).
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST TX GAME, ARISING FROM ANY PAST, PRESENT, OR FUTURE USE OF TRACKING SOFTWARE (INCLUDING, BUT NOT LIMITED TO, THE USE OF A META PIXEL, “COOKIES,” “GET REQUESTS,” OR JAVASCRIPT IN THE HTML CODE OF TX GAME'S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND ANALYZES YOUR INTERACTIONS WITH TX GAME'S WEBSITE FOR THE PURPOSE OF OBTAINING DATA OR TARGETED ADVERTISEMENTS) ARE HEREBY FULLY WAIVED, RELEASED, AND COMPROMISED. TX GAME SHALL BEAR NO LIABILITY TO YOU FOR ANY PAST CLAIMS ARISING FROM OR RELATED TO THE USE OF TRACKING TECHNOLOGY.
Acceptance of Terms. You affirm and warrant that You possess the legal right, authority, and capacity to accept and comply with these Terms, that You are of legal age, and that You have thoroughly read and understood the Terms. You must carefully read these Terms in their entirety before checking the box to signify Your acceptance. By using, accessing, or otherwise indicating Your agreement to the Service, or by clicking to accept or agree where such an option is provided, You confirm that You have read and consented to these Terms. If You do not agree to these Terms, You may not access or use the Platform or Service. All of Your activity on the Website or Platform, and all Your transactions with TX GAME, including all events that occurred prior to Your acceptance of these Terms, shall be subject to these Terms.
The Service is not sponsored, endorsed, administered by, or otherwise associated with Apple®, Facebook®, or Google®. You understand that Your information is provided to TX GAME solely, and not to Apple®, Facebook®, or Google®.
DEFINITIONS
Collective Arbitration refers to any claim presented as part of a class, group, collective, coordinated, consolidated, mass, or representative legal proceeding.
Content encompasses text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, and other materials used, displayed, or made available as part of the Games and Platform. Content specifically includes GOLD COINS and SWEEPS COINS.
Game refers to one or more Game(s) accessible on the Platform in either Standard Play or Promotional Play mode. We reserve the right, at our sole discretion, to add or remove Games from the Platform (including restricting their availability in certain jurisdictions) for any reason.
GOLD COINS are the virtual social gameplay tokens enabling You to play Standard Play Games. GOLD COINS possess no monetary value and can under no circumstances be redeemed for prizes.
Inactive Account signifies a Customer Account that has not recorded any login or logout activity for a continuous period exceeding 12 months.
Participate means engaging in any Games or utilizing our Platform in any manner whatsoever.
Payment Administration Agent denotes the service provided through an affiliated body corporate, affiliate, or third party appointed by us to act as our agent. In the United States, we have authorized Lucky Warrior Studio Limited, located at 1700 Lincoln Street, 17th Floor, Denver, CO, 80203. In the UK, HIWINGO Limited, located at 24a Little Boyton Hall Farm Boyton Cross Chelmsford Essex CM1 4LN, is authorized to address relevant matters. Lucky Warrior Studio Limited, a corporation duly organized under US law, and HIWINGO Limited, a corporation duly organized under UK law, serve as the authorized Payment Administration Agents and designated marketing representatives for NexusX Game Studios. In this capacity, Lucky Warrior Studio Limited and HIWINGO Limited are authorized and responsible for: (a) performing payment processing functions within the United States, and (b) conducting marketing activities and operations on behalf of TX GAME TECHNOLOGY LIMITED within the territorial jurisdiction of the United States of America.
Payment Mechanism refers to any card, online wallet, financial/bank account, or other payment methods used to purchase GOLD COINS.
Platform refers to the Services provided through any URL or mobile application owned by, or licensed to, us.
Player means any individual who Participates, regardless of whether they are a Registered Customer.
Prizes are rewards won when playing Promotional Play Games, which are redeemable for valuable prizes in accordance with the Sweeps Rules.
Promotional Play signifies participation in our sweepstakes promotions by playing Games on the Platform using Sweeps Coins.
Restricted Territories refers to the US states of Idaho, Michigan, Nevada, and Washington, the Canadian provinces of Ontario and Québec, and any other jurisdiction outside the United States or Canada.
Registered Customer means a Player who has successfully registered a Customer Account, whether that account is currently active or not.
Standard Play means participating in any Game on the Platform using GOLD COINS. We may provide You with GOLD COINS free of charge upon signing up to a Platform and at regular intervals when You log in. You may win additional GOLD COINS when playing in Standard Play and may purchase more GOLD COINS on the Platform. You cannot win Prizes when Participating in Standard Play.
SWEEPS COINS are sweepstakes entries subject to the Sweeps Rules. We may provide You with Sweeps Coins free of charge when You sign up to a Platform, as a bonus when You purchase GOLD COINS, or through our free alternative methods of entry as detailed in the Sweeps Rules. You may win more Sweeps Coins when You Participate in Promotional Play. YOU CANNOT PURCHASE SWEEPS COINS.
Sweeps Rules refers to the official Sweeps Rules available on the Platform.
Terms of Services refers to these terms and conditions, as they may be amended from time to time.
Third Party Website means a website operated by a third party that is not under our control.
User Account means an account held by a Registered Customer.
Virtual Coins refers collectively to Gold Coins and Sweeps Coins.
1. Changes to Terms of Services and Incorporated Policies
1.1 From time to time, we may modify or amend these Terms. Any such modifications or changes will be reflected in the TOU or Incorporated Policies, as applicable, on the Site. We may also, but are not obligated to, notify You by email of any material changes to the TOU or Incorporated Policies. Regardless of whether You receive or review such notifications, You agree that You will be bound by any such changes, and it remains Your responsibility to review the Terms of Services, including the Incorporated Policies, as posted on the Site prior to accessing the Site or engaging in any Service. Your continued use of the Service after any changes are posted will constitute Your further consent and agreement to the amended terms.
1.2 From time to time, we may also modify or amend any of the Incorporated Policies. Any such modifications or changes will be reflected in the Incorporated Policies as posted on the Site. You agree that You will be bound by any such changes, and it remains Your responsibility to review the Incorporated Policies as posted on the Site prior to accessing the Site or engaging in any Service. Your continued use of the Service after any changes are posted will constitute Your further consent and agreement to the amended Incorporated Policies.
1.3 If You have any questions about these Terms or the Incorporated Policies, please contact customer support at support@txgame.club.
1.4 In the event of any conflict between these Terms and the Incorporated Policies, these Terms shall prevail.
2. Limited Revocable License (the "License")
2.1 GOLD COINS. The Service includes a License (defined below) for You to use virtual, in-game tokens, GOLD COINS, provided for use on the Platform. Regardless of how they are referred to, Virtual Coins are non-transferable and may only be used subject to this License. On the Site, Games are currently played with Gold Coins. There is no opportunity for a User on the Platform to win real-money or any prize when playing Games with Gold Coins, regardless of whether a purchase was made. GOLD COINS possess no real money value; once submitted for play and accepted, they cannot be changed and will be instantly deducted from Your GOLD COINS balance.
2.2 The License. Subject to Your agreement and ongoing compliance with these Terms, we grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, Games, and Virtual Coins solely for Your personal, private entertainment on the Platform, and for no other purpose (the “License”). Beyond this limited, personal, revocable, non-transferable, non-sublicensable License to use Virtual Coins with the Service, You possess no right or title in or to any Virtual Coins appearing or originating with the Service, or any other attributes associated with Service use or stored within the Service. You acknowledge and agree that Your License to use the Service is limited by these Terms. If You do not agree to, or act in contravention of, these Terms, Your License to use the Service may be immediately terminated. We retain the absolute right, at our sole discretion and to the extent legally permissible, to manage, regulate, control, modify, and/or eliminate such Virtual Coins as we deem appropriate, and we shall bear no liability to You or anyone for the exercise of such rights.
2.3 No Right to Sell or Assign. The transfer or sale of Virtual Coins by You to any other person is strictly prohibited. You may NOT sell or assign Your User Account to any other person under any circumstances. Any attempt to do so constitutes a violation of these Terms, will result in the closure and forfeiture of the User Account, and may lead to a lifetime ban from the Service and possible legal action.
2.4 No Purchase Required. No purchase is required to establish a User Account or play Games. The Platform is committed to consistently providing additional access to GOLD COINS or other free-to-play games for Users whose licensed GOLD COINS balance is depleted. While making a purchase is never a requirement to play the Freemium Games, Users may, subject to the License, increase their access to GOLD COINS for licensed use on the Platform only, expand the variety of available Games, and remove advertisements by making a purchase. GOLD COINS are non-redeemable, non-transferable, and possess no cash value. You understand and agree that all purchases are final, and we are not obligated to provide a refund for any reason. All Virtual Coins held under this License are forfeited if Your User Account is terminated or suspended for any reason, at our sole and absolute discretion, or if the Services are no longer available. To the extent legally permissible, if Your User Account, or a specific subscription for the Service associated with Your User Account, is terminated, suspended, and/or if any Virtual Coins are selectively removed or revoked by Us from Your User Account, no refund will be granted, and no Virtual Coins will be credited to You or converted to cash or other forms of reimbursement.
2.5 These Terms do not grant You any right, title, property, or ownership interest in the Service or any Virtual Coins.
2.6 This Service is licensed, not sold, to You. You agree that we and our licensors own all rights, title, and interest in and to the Service, including all intellectual property rights as further specified in Section 11 below, and that we retain ownership of the Service even after any installation on Your device. You agree not to delete or alter any copyright, trademark, or other proprietary rights notices or markings that may appear on the Service.
2.7 Except as explicitly identified and specified in these Terms, You agree not to:
2.7.1 sell, rent, distribute, transfer, license, sub-license, lend, or otherwise assign any rights of any part of the Service to any third party;
2.7.2 copy, modify, create derivative works of the Service (including but not limited to any software that forms part of the Service), including, without limitation, making adaptations or modifications to the Service;
2.7.3 reproduce the Service or any part thereof in any form or by any means;
2.7.4 exploit the Service in any unauthorized manner whatsoever, including without limitation, by trespassing or burdening network capacity;
2.7.5 disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;
2.7.6 make the Service available to multiple users by any means, including by uploading the Service to a file-sharing service or other type of hosting service, or by otherwise making the Service available over a network where it could be used by multiple devices simultaneously;
2.7.7 misrepresent the source of ownership of the Service;
2.7.8 scrape, build databases, or otherwise create permanent copies of any content derived from the Service;
2.7.9 or use the Service in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party.
3. Eligibility
Your continued use of the Service is contingent on Your ongoing compliance with these Terms, specifically:
3.1 You must be over 18 years of age or the minimum legal age of majority in Your jurisdiction at the time of accessing or using the Service, and You must be legally permitted to participate in the Games and access the Service under the laws of Your applicable jurisdiction(s).
3.2 You understand and accept that we are unable to provide You with any legal advice or assurances, and that it is Your sole responsibility to ensure that You comply with all applicable laws and have the complete legal right to use the Service at all times.
3.3 You will monitor Your User Account and ensure that no child under the age of 18 can access the Service using Your User Account. You accept full responsibility for any unauthorized use of the Service by minors, and You acknowledge that You are responsible for any use of the Service, including the use of Your credit card or other payment instrument by minors.
3.4 You do not reside in and will not access the Games or Service from the states of IDAHO, MICHIGAN, NEVADA, and WASHINGTON, the provinces of Québec and Ontario in Canada, or any jurisdiction outside the United States or Canada, as otherwise specified within these Terms or on the Platform (the "Restricted Territories"). GOLD COINS PURCHASES MADE FROM WITHIN THE STATES OF IDAHO, MICHIGAN, NEVADA, AND WASHINGTON IN THE UNITED STATES OF AMERICA 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 AFOREMENTIONED REVERSAL. It is a Player's responsibility to ensure that their participation is lawful in their jurisdiction. Any person who knowingly breaches this term, including attempts to circumvent this restriction (e.g., by using a VPN, proxy, or similar service that masks or manipulates Your real location, or by providing false or misleading information about Your location or residence, or by participating from a Restricted Territory or through a third party located in a Restricted Territory), is in breach of these Terms and Conditions. Such conduct may constitute fraud and may be subject to criminal prosecution.
3.5 You participate in the Games strictly in Your personal capacity for recreational and entertainment purposes only.
3.6 You further represent and warrant that all information You provide to Us is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of Your User Account, any License from Us, and any further participation or access to the Service, at TX GAME's sole discretion, to the extent legally permissible.
3.7 You will not engage in any fraudulent or other unlawful activity in relation to Your participation in any of the Games, and You will not use any software-assisted methods or techniques (including but not limited to “bots” designed to play automatically) for Your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior.
3.8 If, in TX GAME's reasonable opinion, we determine that a player is abusing any promotion to gain an unfair advantage or benefit for themselves or another player, including through fraudulent conduct, we may, at our sole discretion, withhold, deny, or cancel any advantage, bonus, or promotional prize as we deem fit, or terminate or suspend the User Account of such player without prior notice.
3.8.1 You will not directly or indirectly participate in groups or take advantage of, or encourage others to participate in or take advantage of, schemes, organizations, agreements, or groups designed to share: (a) hacks or money-making strategies; (b) special offers or packages emailed to a specific set of players and redeemable by URL; or (c) identification documents (including, but not limited to, photographs, bills, and lease documents) for the purpose of misleading TX GAME as to a player's identity.
3.9 In relation to any purchase, You must only use a valid form of payment accepted by the Platform or its third-party payment processing provider(s) (“Payment Administration Agent(s)”) which lawfully belongs to You (the “Payment Mechanism”).
4. Your User Account
4.1 You must create a User Account to access or use the Service.
4.2 Only one User Account is permitted per person. If You open or attempt to open more than one User Account, all User Accounts You have opened or attempted to open may be terminated or suspended, and any prizes or Virtual Coins balances may be voided.
4.3 If You lose access to Your User Account, You must not register a new User Account. Instead, You must contact customer support via support@txgame.club to have Your User Account status updated.
4.4 You are required to keep Your personal details up to date. If You change Your address, email, phone number, or any other contact details or personal information, please contact customer support. The name You provide to us during registration must match any identification You provide for Your User Account verification.
4.5 You confirm that You will not share Your User Account or password with any other person or allow anyone else to access or use Your User Account without our written permission. You will not access or use a User Account that has been rented, leased, sold, traded, or otherwise transferred from the User Account creator without our written permission.
4.6 If You become aware, or have reason to suspect, that the security of Your User Account may have been compromised, including loss, theft, or unauthorized disclosure of Your password and User Account details, You must notify us immediately.
4.7 You are responsible for maintaining the confidentiality of Your User Account and accept responsibility for all uses of the User Account, including any purchases (whether or not authorized by You).
4.8 We reserve the right to close Your User Account if it is inactive for a period of twelve months or longer and is therefore deemed Dormant under Section 6.11. You agree that We are not obligated to provide You with notice prior to taking such action, although we may choose to do so at our sole discretion.
4.9 If You wish to close Your User Account, You may do so at any time by contacting customer support. Closing Your User Account will result in the forfeiture of all continued access to and the right to use, enjoy, or benefit from any Virtual Coins associated with Your User Account.
4.10 We reserve the right, at our sole discretion, to refuse to open or to close a User Account. If the reason for closing Your customer account is related to concerns about potential Responsible Social Gameplay issues, You must indicate this in Your request to close Your customer account. Our procedures for "taking a break" (time-out) and exclusion are detailed in our Responsible Social Gameplay policy.
4.11 You may close Your User Account at any time by contacting customer support. Additionally, You will be able to reopen Your customer account by submitting a request to customer support. All requests for account re-opening will be evaluated by our customer support and compliance teams, who adhere to strict customer protection guidelines.
4.12 User Account registrations may be limited to one User Account registration per person or per IP address at our sole discretion.
4.13 We reserve the right, at our sole discretion, to deactivate or suspend Your User Account (notwithstanding any other provision in these Terms of Services) if we have reason to believe that You have played or are likely to play in tandem with other player(s) as part of a club, syndicate, group, etc., or have played the Games in a coordinated manner with other player(s) involving the same (or materially the same) actions, decisions, or selections.
4.14 You will not, directly or indirectly:
a. hack into any part of the Games or Site through password mining, phishing, or any other means;
b. attempt to modify, reverse engineer, or reverse-assemble any part of the Games or Site;
c. knowingly introduce viruses, Trojans, worms, logic bombs, spyware, malware, or other similar material;
d. circumvent the structure, presentation, or navigational function of any Game to obtain information that TX GAME has chosen not to make publicly available on the Site;
e. engage in any form of cheating or collusion;
f. use the Site and the systems of TX GAME to facilitate any type of illegal money transfer (including money laundering proceeds of crime);
g. participate in or take advantage of, or encourage others to Participate in or take advantage of, schemes, organizations, agreements, or groups designed to share:
i. special offers or packages emailed to a specific set of Players and redeemable by URL;
ii. identification documents (including, but not limited to, photographs, bills, and lease documents) for the purpose of misleading TX GAME as to a Player's identity.
You must not use the Site for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions to prevent money laundering.
4.15 If TX GAME suspects that You may be engaging in, or have engaged in, fraudulent, unlawful, or improper activity, including money laundering activities as described above, or any conduct that violates these Terms and Conditions, Your access to the Site will be suspended immediately, and Your customer account may be closed. If Your customer account is suspended or closed under such circumstances, TX GAME is under no obligation to reverse any GOLD COINS purchases You have made or to redeem any SWEEP COINS or Prizes that may be in Your customer account. Additionally, TX GAME may disclose any necessary information to the relevant authorities, other online service providers, banks, credit card companies, payment providers, or other financial institutions. You agree to cooperate fully with any TX GAME investigation into such activity.
5. Games and Contests
5.1 In addition to these Terms, Games offered on the Service may have their own specific rules, which are available on the Service. It is Your responsibility to read and understand the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and review the relevant rules before playing any Game.
6. Purchases
6.1 The name on Your Payment Mechanism must match the name registered on Your User Account. If we discover a discrepancy between the name on Your User Account and the name linked to Your Payment Mechanism, Your User Account will be suspended, purchases may be voided, and any Virtual Coins balance may be adjusted accordingly. You must promptly notify us if Your Payment Mechanism is cancelled, lost, or stolen, or if its security has otherwise been compromised.
6.2 You acknowledge and agree that we may, from time to time and without notice, appoint one or more Payment Administration Agents to process or make payments from or to You on our behalf.
6.3 If one or more of Your GOLD COINS purchases are subject to a chargeback request, Your User Account will be suspended. In the event of any chargeback on Your User Account, the amount of the chargeback will constitute a debt owed by You to Us, and You must immediately submit payment for such purchases through an alternative Payment Mechanism. 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 permitted.
6.4 You agree that we and/or our Payment Administration Agents, appointed by us from time to time, may store Your Payment Mechanism details to process future purchases. By accepting these Terms, You authorize us and/or our Payment Administration Agents to store Your payment credentials in compliance with applicable payment processing regulations.
6.5 A Payment Administration Agent will possess the same rights, powers, and privileges that we have under these Terms and will be entitled to exercise or enforce their rights, powers, and privileges as our agent or in their own name. Under no circumstances will we be liable to You for any loss, damage, or liability resulting from the Payment Administration Agent's negligence and/or actions beyond the authority granted by us.
6.6 All purchases will be in USD.
6.7 TX GAME and its affiliates offer multiple options for players to purchase GOLD COINS. Players are encouraged to review the available options to determine the most suitable method for their individual requirements. In addition to credit card payments, players who prefer electronic banking may utilize the ACH (Automated Clearing House) method to purchase GOLD COINS through Sorcery Reels. This process requires players to provide certain personal information and relevant banking details.
6.8 If Your payments are made by ACH/electronic debit, You agree to the following:
a. Recurring payments will be made automatically on or after the completion of the initial period relating to Your first payment. The authority You grant TX GAME TECHNOLOGY LIMITED and its affiliates to charge Your account with an ACH debit will remain in effect until You notify us.
b. If the amount of Your payment changes, we will notify You at least 10 days before the payment date using the email address we have on file.
c. Should Your payment be returned for non-sufficient funds (NSF), we reserve the right to re-deposit the payment up to 2 times in accordance with banking rules and regulations.
Returned items such as NSF, closed bank accounts, invalid account numbers, etc., are subject to an administrative handling fee of up to $25, payable to the Company. This fee may be:
i. electronically debited through the ACH network for collection;
ii. processed through the banking system as a paper draft; or
iii. passed on to a collection agency.
6.9 If You make a purchase, licensed GOLD COINS may be added to Your User Account instantaneously, unless there is a delay due to situations beyond our control, including without limitation a force majeure event, poor internet connectivity, internet failure, or electricity outages.
6.10 When You make a purchase, You will receive two confirmations: (i) an on-screen confirmation that the transaction has taken place; and (ii) an email to the email address on Your User Account confirming that the transaction has taken place.
6.11 GOLD COINS will automatically expire if a User Account becomes Dormant. For the purpose of these Terms, “Dormant” means there has been no recorded login or logout activity for a period exceeding 12 consecutive months.
6.12 Purchases of GOLD COINS are final and are not refundable, transferable, or exchangeable. You agree to notify us of 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 arose from payments You authorized or accepted, or that were authorized or accepted using Your customer account (even if not authorized by You).
6.13 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 COINS purchases as specified and offered on the Site.
6.14 Our Customer Support is available twenty-four hours a day, seven days a week via support@txgame.club. The expected response time is as soon as possible, but may take up to twelve (12) hours.
6.15 Notice for California Users Under Civil
Code Section 1789.3
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
N. Market Blvd., Suite N - 112, Sacramento, CA 95834, or by telephone at 1(800)
952 – 5210.
7. Promotions
7.1 All promotions, contests, and special offers are subject to these Terms, the official rules of the specific promotion, contest, or special offer, and any additional terms that may be published at the time of the promotion, contest, or special offer.
7.2 We reserve the right to withdraw or alter any such promotions without prior notice to You at our sole discretion.
7.3 SWEEPS COINS are provided free of charge and cannot be purchased. They are designed to be part of Promotional Play. In accordance with the Sweeps Rules:
a. Unless we require otherwise in accordance with section 7.3 (b), any SWEEPS COINS allocated to You are only required to be played once before becoming eligible for redemption as a prize; and
b. We may, at 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 they are eligible for redemption as a prize.
c. SWEEP COINS are valid for 90 days from the date You last logged on to Your account and will automatically expire thereafter.
7.4 We reserve the right, at our sole discretion and without providing justification, to exclude You from any promotions, contests, or special offers that may be offered from time to time.
7.5 We reserve the right to exclude You from any promotions, contests, or special offers if we believe that You have attempted to enter said promotions, contests, or special offers by using more than one User Account, or are otherwise engaging in any fraudulent or illegal activity (including participation that would violate the law in Your local jurisdiction), regardless of whether You would have or might have won but for such activity. If multiple entries/User Accounts have been used, we reserve the right to suspend those User Accounts and withhold any promotional benefits.
7.6 You confirm that You grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free License to use in any manner we deem fit, and without further acknowledgement of You as the author, any content You post or publish as part of a promotion, contest, or competition.
8. REDEMPTION OF PRIZES
8.1 Subject to these Terms of Services, when You choose to redeem Prizes for cash, the cash payment will be made to the Payment Mechanism from which You purchased GOLD COINS. If this is not technically feasible, payment will be made 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 Mechanism for Prize redemption as was used to purchase GOLD COINS, or a specific Payment Mechanism at our own discretion.
8.2 We reserve the right to charge fees for processing the redemption of Prizes to You and to set a minimum redemption threshold of 100 SWEEPS COINS for Prize redemptions.
8.3 In New York, the maximum redemption value for a Prize won on any one spin or play is USD $5,000. Any Prize with a value exceeding USD $5,000 will be reduced to a maximum value of USD $5,000.
8.4 We reserve the right, at our sole discretion, to limit the value of Prize redemptions for each Participant to:
a. USD$10,000 per day.
b. any other amount over any time that we consider necessary to satisfy our regulatory obligations or the requirements of our partners and suppliers.
8.5 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. TX GAME has no obligation to verify whether Your financial institution will accept payments from us to Your nominated bank account. Subject to section 8.6, we will not make payments into an account or online wallet that 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.
8.6 Prizes redeemed for cash:
a. will be paid into an account or a wallet, provided that one of the names on the account or wallet 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. For the avoidance of doubt, if either the account holder does not satisfy our verification requirements, as determined solely at our discretion, we will not make payments into the nominated account;
b. will not be paid into:
i. a joint account or joint wallet where one of the joint owners is a minor; or
ii. custodial accounts; or
iii. any account held on trust for, or for the benefit of, a third party (including a minor).
8.7 Where You are required to provide the details of Your financial institution, bank account, or online wallet, You agree that You are solely responsible for the accuracy of those details. You further agree that, if You have chosen to redeem a Prize for cash and the details You have provided are not accurate, and we have processed the payment using the details You have provided, the redemption of that Prize is complete, and we are not required to reverse or reissue the payment.
8.8 You acknowledge and agree that, if Your financial institution will not accept payments from TX GAME, or where Your bank account or online wallet does not meet the requirements in these Terms and Conditions:
a. You will be required to nominate an alternative bank account for the payment;
b. there will be delays in the processing of the payment to You; and
c. if You are unable to nominate an alternative bank account that meets the requirements set out in these Terms of Services within 60 days of a request from us to do so, TX GAME is not obligated to make the relevant payments to You and may, at its discretion, deem the Prizes to be void.
8.9 We process requests to redeem Prizes in the order in which they are received. Our goal is to process Your request as soon as practicable. However, we will only process one Prize redemption request per customer account in any 1-day period. If You choose to redeem Prizes for cash, You acknowledge and agree that it may take up to 10 business days to process the relevant payment into Your nominated bank account.
8.10 There may be delays in payments due to our identity verification process, and certain Payment Mechanisms will require additional verification at the time of redemption. Payments exceeding US$10,000 may require a longer processing time than usual due to bank clearance, security, and fraud checks, and may also be paid in more than one lump sum. This may add up to 7 days to the normal processing time but is dependent on the circumstances of each individual case.
8.11 Without limiting section 8.4, Players can request to redeem Prizes of any value. However, we reserve the right to allocate or pay Prizes in smaller increments over a number of days until the entire Prize has been allocated or paid.
8.12 If You choose to redeem Prizes for cash but refuse to accept payments made to Your nominated bank account by TX GAME, You must refuse the entire amount. If You refuse to accept payment to Your nominated bank account more than twice in any 3-month period, TX GAME reserves the right to suspend Your customer account to undertake investigations to ensure that the Site is not being used for fraudulent activity.
8.13 If we mistakenly credit Your customer account from time to time with Prizes that do not belong to You, whether due to a technical error, human error, or otherwise, the credited amount will remain TX GAME property and will be deducted from Your customer account. If cash or gift cards that do not belong to You have been transferred to You prior to us becoming aware of the error, the mistakenly paid amount will (without prejudice to other remedies and actions available at law) constitute a debt owed by You to us. In the event You discover an incorrect crediting, You are obligated to notify Customer Support via support@txgame.club without delay.
9. Verification
9.1 You acknowledge that we, or a third party acting on our behalf, are entitled to conduct any verification checks (including but not limited to age and identity verifications and credit background checks) that we may reasonably require and/or that are mandated by applicable laws, regulations, or relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.
9.2 You agree that we may restrict Your opening or use of a User Account until all verification checks have been completed to our satisfaction.
9.3 The required documents may include, but are not limited to, photo identification (such as a government-issued passport or driver's license), a utility bill that matches the address registered on Your User Account, and source of wealth or source of funds documentation (such as a payslip or bank statement).
9.4 If any verification check cannot be completed for any reason, including Your failure to provide any requested documentation within 30 days of the initial request date, then We are under no obligation to continue with the verification check, and we may, at our sole discretion, close or otherwise restrict Your customer account in any manner we deem appropriate.
9.5 You acknowledge and agree that we may use third-party service providers to perform external identification, location verification, and other verification checks based on the information You provide from time to time. You must enable and allow “Location Services” on Your device or PC to operate the Service or access Your User Account.
10. RESPONSIBLE SOCIAL GAMEPLAY
TX GAME TECHNOLOGY LIMITED actively supports Responsible Social Gameplay and encourages its Players to utilize various Responsible Social Gameplay features to better manage their account. You may, at any time, request a take-a-break (time-out) or self-exclusion from our Games. You may also set limits on Your purchases of GOLD COINS or the amount of SWEEPS COINS You play.
TX GAME is dedicated to providing excellent customer service. As part of this commitment, TX GAME supports Responsible Social Gameplay. While TX GAME will exert all reasonable efforts to enforce its Responsible Social Gameplay policies, TX GAME accepts no responsibility or liability if You nevertheless continue Gameplay and/or attempt to use the Site with the intention of deliberately avoiding the relevant measures in place, and/or if TX GAME is unable to enforce its measures/policies due to reasons beyond TX GAME's reasonable control.
We refer You to our Responsible Social Gameplay policy for full details.
11. Intellectual Property
11.1 These Terms grant only the right to use the Service; they do not convey any ownership rights in or to the Service.
11.2 All rights, title, and interest, including without limitation any copyright, patent, trade secret, or other intellectual property right in the Service, will remain our sole property or, where licensed from a third party, their sole property.
11.3 Your use of the Games will not convey any ownership rights in the intellectual property to You. The titles, source and object codes, game client and server software, the “look and feel” of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Games.
11.4 Notwithstanding anything to the contrary in these terms, You acknowledge and agree that You shall have no ownership or other property interest in the User Account, and You further acknowledge and agree that all rights in and to the User Account are and shall forever be owned by and inure to the benefit of us.
12. Responsibility for User Generated Content
12.1 You are responsible for complying with all laws applicable to Your User Content. You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party's rights.
12.2 You will not provide inaccurate, misleading, or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading, or false, You will notify us of such change immediately.
12.3 We may, at our sole discretion, delete any User Content without notice but are under no obligation to do so. We assume no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk.
12.4 You hereby grant us a sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.
12.5 You further hereby grant to us the unconditional right to use and exploit Your name, likeness, and any other information or material included in any User Content and in connection with any User Content or Your User Account, without any obligation to You. You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner, except as prohibited by law.
12.6 You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Service, is at Your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.
12.7 Prohibited Content; User Content that is prohibited in the Service includes, but is not limited to:
• User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
• Harassing User Content;
• User Content of a sexual or offensive nature;
• User Content that promotes terrorism or religious hatred;
• User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;
• User Content of commercial nature without authorization from us; or
• User Content promoting the services of another business or competitor.
12.8 If You encounter any material in the Service that You believe is offensive, hateful, harassing, or otherwise prohibited, please notify us by contacting support@txgame.club.
13. Third-Party Websites & Content
13.1 The Service may contain links to content owned and/or operated by third parties, such as third-party advertisers or payment providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party services or content and do not control any materials made available therein.
13.2 Our inclusion of a link to a third-party website, services, or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services, content, or any materials available, and we make no guarantee as to the content, functionality, or accuracy of any third-party website.
13.3 By accessing a third-party website, services, or content, You accept that we do not exercise any control over such websites, services, or content and bear no responsibility for them. Third-party sites may collect data or solicit personal information from You. We are not responsible for privacy policies, or for the collection, use, or disclosure of any information those sites may collect. It is always best to read and understand the terms of services and privacy policies applicable to any third-party website, services, or content You may access.
13.4 We do not endorse, do not assume, and will not have any liability or responsibility to You or any other person for any third-party products, services, materials, or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities, and costs it may cause You to suffer, directly or indirectly, in full or in part.
13.5 If You use third-party social networking websites to discuss the Service, such as Facebook®, Google®, or X® (formerly Twitter), You acknowledge and agree that:
• any content that You post on such social networking sites is subject to the relevant terms and conditions of that website;
• You will not post any comments that are false, misleading, deceptive, or defamatory to us, our employees, agents, officers, or other players; and
• we are not responsible or liable for any comments or content that You or others post on social networking sites.
14. Disruptions, Errors & Omissions
14.1 Disclaimer of Warranties. THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. 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; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
14.2 Exceptions. SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES, AND DAMAGES. THEREFORE, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
14.3 We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor for attempts by You to participate by methods, means, or ways not intended by us.
14.4 We accept no liability for any damages or losses that are deemed or alleged to have arisen from or in connection with any Service, including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person's misuse of a Service, or any errors or omissions in the Service.
14.5 In the event of a Service system malfunction, all Game play on the Service will be void.
14.6 In the event of an error or malfunction in a Game, all Game play resulting from that error or malfunction will be voided.
14.7 We reserve the right to remove any part of the Games from the Service at any time. Any part of the Games that exhibits incorrect behavior affecting game data or Virtual Coins balances, due to error, misconfiguration, or a bug, will be cancelled and removed from the Service. We reserve the right to alter player balances and User Account details under such circumstances, at our sole discretion, to correct any mistake.
14.8 We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but are not obligated to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service as soon as is reasonably practicable after such temporary suspension.
14.9 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 play-table, win-table, minimum or maximum stakes, odds, or software.
14.10 If You are incorrectly awarded any Virtual Coins or prizes as a result of (a) any human error; (b) any bug, defect or error in the Service; or (c) the failure of any Games to operate in accordance with the rules of the relevant game, then We will not be liable to award You any such Virtual Coins or prizes, and You agree that any such Virtual Coins or prizes that have been awarded in error to Your User Account will be voided.
14.11 We retain absolute discretion in the event of a discrepancy between the result displayed on a user's device and the server software. Such discretion includes the authority to recognize the result displayed on the server software as the official and governing result.
15. Limitation of Liability and Indemnification
15.1 Limitation of Liability. BY ACCESSING, USING, OR DOWNLOADING THE SERVICE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK, AND THAT NEITHER THE COMPANY NOR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, NOR THE COMPANY OR ANY OF THEIR AFFILIATES, SUBSIDIARIES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CONSULTANTS, SUPPLIERS, ADVERTISERS, PAYMENT SERVICES PROMOTERS, PARTNERS, OR CONTRACTORS (COLLECTIVELY “RELEASED PARTIES”) ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) THAT MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR YOUR BROWSING OF THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SERVICES, SPECIFICALLY INCLUDING ANY PAST, PRESENT, OR FUTURE USE OF “COOKIES,” “GET REQUESTS,” PIXELS, AND OTHER TRACKING TECHNOLOGY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, FOR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM ANY CAUSE, DIRECTLY OR INDIRECTLY, OR FOR ANY AMOUNTS, EXCEED THE TOTAL AMOUNT YOU HAVE PAID THE COMPANY IN THE YEAR IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
RELEASED PARTIES CANNOT AND DO NOT WARRANT OR GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES RELATING 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 ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES.
15.2 Indemnification. BY USING THE SERVICES, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS (INCLUDING REASONABLE ATTORNEY'S FEES AND COSTS OF SUIT) THE RELEASED PARTIES FROM ANY AND ALL THIRD-PARTY CLAIMS AGAINST THE COMPANY RELATED IN ANY WAY TO YOUR USER ACCOUNT, YOUR USE OF THE SERVICES, OR YOUR ACCESS TO THE SITE.
15.3 30 Days Limitations Period. You and TX GAME agree that any claims, regardless of form, arising from or related to the Site (including Services), these Terms of Services, or the Privacy Policy, must BE FILED within THIRTY (30) DAYS of the action, omission, event, or occurrence giving rise to the claim or suit. After this period, such claims will be time-barred and prohibited, without regard to any longer period of time that may be provided by any period of limitation or repose by law or statute.
15.4 SOLE AND EXCLUSIVE REMEDY/Limitation on Recovery. Unless otherwise prohibited by law, in any dispute with Us, YOUR SOLE AND EXCLUSIVE REMEDY under any LEGAL theory SHALL BE TO RECOVER THE amount of Your own purchases during the THIRTY (30) DAYS period prior to the filing of Your claim. In NO EVENT MAY YOU RECOVER UNDER ANY THEORY ANY AMOUNT GREATER THAN THE amount of Your own purchases during the THIRTY (30) DAYS period prior to the filing of Your claim. IN ADDITION, EXCEPT to the extent PROHIBITED BY LAW OR OTHERWISE ALLOWED BY THESE TERMS, YOU MAY NOT SEEK INJUNCTIVE RELIEF ON YOUR OWN BEHALF, on behalf of any class of persons, or FOR THE BENEFIT OF THE GENERAL PUBLIC.
15.5 YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS IN SECTION 14, AND THE INDEMNITIES, LIMITATIONS OF LIABILITY, AND LIMITATIONS OF REMEDIES IN THIS SECTION 15, ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU AND TX GAME TO ENTER INTO THESE Terms of Services.
15.6 NOTHING IN THESE Terms of Services WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF TX GAME FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY TX GAME'S NEGLIGENCE OR WILLFUL MISCONDUCT.
15.7 TO THE EXTENT ANY OF THE LIMITATIONS OF REMEDY, INCLUDING WAIVER OF THE RIGHT TO PRIVATE OR PUBLIC INJUNCTIVE RELIEF, ARE NOT PERMITTED BY LAW OF ANY APPLICABLE JURISDICTION, SUCH LIMITATIONS SHALL NOT APPLY AND SHALL BE DEEMED AS SEVERABLE AND STRICKEN FROM THESE TERMS. THE PARTIES AGREE FURTHER THAT SUCH PROVISION(S) SHALL NOT AFFECT THE ENFORCEABILITY OF THE TERMS OR THE ARBITRATION AGREEMENT (SECTION 17), WHICH THE PARTIES AGREE SHALL REMAIN IN PLACE AND IN FORCE LESS ANY SUCH STRICKEN PROVISIONS.
16. CUSTOMER SERVICE AND INITIAL DISPUTE RESOLUTION PROCEDURE
Customer Support
16.1 If You require customer service in relation to the Service, You may contact us by email at support@txgame.club.
16.2 To protect Your privacy, all communications between You and us should be carried out using or referencing the email address You used to register Your User Account for the Service. Failure to do so may result in our response being delayed.
Initial Dispute Resolution Procedure and Conference
16.3 The parties shall make their best efforts to resolve informally any customer service issue promptly and in good faith. If, for any reason, You are not satisfied or Your claim is not resolved (a "Dispute”), You may then pursue arbitration as set out below in Section 17. However, You must first submit a Notice of Dispute as set forth in this Section 16 and engage in a conference (either telephonic or videoconference) with TX GAME prior to, and as a condition precedent to, initiating arbitration or any formal proceeding over a Dispute as required by Section 17.
16.4 Notice of Dispute Required Prior to Arbitration. The party initiating a claim over a Dispute must provide written notice to the other party of its intent to initiate an informal dispute resolution conference. This initial conference shall take place within forty-five (45) days after the other party receives such notice, or within a time period required by law, unless an extension is mutually agreed upon by the parties.
16.5 All initial dispute resolution conferences shall be conducted individually, solely between TX GAME and You. Multiple individuals with Disputes cannot participate in the same informal telephonic dispute resolution conference. If a party is represented by counsel (which such representation will be at such party's sole cost and expense), counsel may participate in the conference, but each party shall also attend and participate in the conference.
16.6 To notify
TX GAME that You intend to initiate an informal dispute resolution conference,
please inform us by contacting support@txgame.club and include
the following information:
a. Your username and/or email address associated with Your User Account;
b. Your first and last name, as registered on Your User Account;
c. Your residence address;
d. Your telephone number (home and/or mobile);
e. a detailed explanation of the complaint/claim and basis for the claim;
f. any specific dates and times associated with the complaint/claim (if
applicable); and
g. the remedy, action, or any amount You are seeking from TX GAME.
16.7 Upon receipt of Your Complaint, we will reply to Your communication within 7 working days, and We will respond in writing or coordinate and schedule a telephonic or videoconference within forty-five (45) days after receipt of such notice, unless an extension is mutually agreed upon by the parties. Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to Your complaint/claim in a timely manner, and may, at TX GAME's discretion, extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms.
16.8 The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a pre-condition to either party initiating a formal arbitration as provided in Section 15. If the parties do not reach an agreed-upon solution within a period of forty-five (45) days from the time of the informal dispute resolution conference, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms and the Arbitration Agreement.
16.9 The aforementioned informal dispute resolution process is a condition precedent to commencing any formal dispute resolution proceeding, including litigation if You have successfully opted-out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
16.10 Regardless of whether You decide to opt out of arbitration, the terms set forth in this Section 16 Initial Dispute Resolution shall remain in full force and effect as part of these Terms.
17. ARBITRATION & CLASS ACTION WAIVER AGREEMENT
(THE “AGREEMENT”) CAREFULLY BECAUSE IT MAY REQUIRE YOU AND TX GAME TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS ONLY AND LIMITS THE MANNER IN WHICH YOU AND TX GAME CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU MAY CURRENTLY POSSESS AND ANY CLAIMS YOU MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE Terms of Services IN ORDER TO USE THE SERVICES, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION, DESCRIBED BELOW IN SECTION 17.12, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
This Section 17 (Binding Arbitration Agreement and Class Action Waiver Agreement) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms of Service.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND TX GAME SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, SUBJECT TO APPLICABLE LAW, YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, AS A MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, AS A PRIVATE ATTORNEY GENERAL, QUI TAM ACTION OR UNDER ANY REPRESENTATIVE PROCEEDING, AND YOU MAY NOT OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE USE OR BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. You and TX GAME further agree that any arbitration pursuant to this AGREEMENT shall not proceed as a class, group or representative action.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
17.1 Acceptance of Terms. By using, or otherwise accessing the Service, or by clicking to accept or agree to the Terms where that option is made available, You confirm that You have read, accepted, and agreed to this Agreement. Except to the extent that You may opt-out as provided below, all of Your activity on the Website or Platform with TX GAME, including all events that occurred before Your acceptance of this Agreement, shall be subject to this Agreement.
17.2 Scope of Agreement to Arbitrate. You and TX GAME agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to any purchase or transaction by You, Your access to or use of any Platform or the Service, or to this Agreement, the Terms of Services, or Privacy Policy (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms of Services) (a “Dispute”), shall be determined by arbitration. This includes claims that arose before acceptance of any version of this Agreement. Furthermore, in the event of any Dispute concerning or relating to this Agreement—including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims—You and TX GAME agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
17.3 Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claims court jurisdiction.
17.4 Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third-party beneficiaries only, and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter. This ensures that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or TX GAME.
17.5 Third-Party Beneficiaries. You further agree and intend that this Agreement and the Terms are entered into for the express benefit of Your spouse, heirs, children, and next-of-kin, and shall bind them to the extent of any claims arising from Your use of the Service that are brought by them or by any person for the use or benefit of Your spouse, heirs, children, and next-of-kin. TX GAME also agrees that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of TX GAME.
17.6 Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 17, You and TX GAME are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents. The parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to rely on a user's access to the Service as a basis to enforce this arbitration agreement as to such claims.
17.7 Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms of Services, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
17.8 Applicable Law. While the Federal Arbitration Act shall govern, to the extent that the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of Delaware shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.
INITIATING ARBITRATION UNDER JAMS RULES
17.9 Following the conclusion of the initial dispute resolution process required by Section 16, You or TX GAME may seek arbitration of a Dispute in accordance with the provisions of this Agreement. You and TX GAME agree that JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”) in effect at the time arbitration is sought. The parties further agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines shall apply. The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/.
You and TX
GAME further agree:
17.9.1 Arbitration will proceed on an individual claim basis only.
17.9.2 The arbitration will be handled by a sole arbitrator. The parties agree
that the JAMS arbitrator must have the following minimum qualification:
practicing attorneys or retired federal court judges who have at least ten
years of substantive expertise in litigating and resolving complex business
disputes, including motions to compel arbitration and litigation or adjudication
regarding whether disputes are arbitrable;
17.9.3 For the purpose of Sections 16.1 and 16.2 of the JAMS Rules, the JAMS
Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures
shall not apply unless otherwise explicitly agreed to by all parties to the
Dispute;
17.9.4 In lieu of JAMS Rule 15, the parties shall be presented with a list of
eight (8) potential arbitrators, be allowed three (3) strikes, and the parties
shall rank those potential arbitrators in order of preference. JAMS shall
select the arbitrator with the highest combined preference (e.g., if both
parties select a potential arbitrator as their top preference, that arbitrator
will be selected);
17.9.5 In lieu of JAMS Rule 18, the parties shall have the right to submit a
dispositive motion at the outset of the arbitration to the Arbitrator. The
submission and scheduling of such motions shall be addressed at a conference
held before the JAMS arbitrator, and the Parties agree that any dispositive
motions shall be resolved and the remainder of the arbitral proceeding stayed
pending resolution, absent good cause and immediate necessity to proceed.
17.9.6 Unless and only to the extent prohibited under JAMS Rules, the
arbitration will be held in Dover, Delaware, or, at either Your or our
election, will be conducted telephonically or via other remote electronic
means;
17.9.7 The JAMS Rules will govern the payment of all arbitration fees,
currently available at https://www.jamsadr.com/arbitration-fees. You will
only be required to pay arbitration fees of $250 in connection with any
arbitration initiated under this Section 17, but You will still be responsible
for paying Your own attorneys' fees;
17.9.8 Except as otherwise waived or limited under the Terms or this Agreement,
the JAMS arbitrator shall be authorized to award any remedies, including
equitable or injunctive relief, that would be available in an individual
lawsuit, except:
17.9.8.1 In any arbitration arising from or related to this Agreement, the
arbitrator(s) are not empowered to award punitive or exemplary damages, and the
parties waive any right to recover any such damages; and
17.9.8.2 In any arbitration arising from or related to this Agreement, the
arbitrator(s) may not award any incidental, indirect, or consequential damages,
including damages for lost profits;
17.9.9 The arbitration decision and award shall consist of a written statement
signed by the Arbitrator regarding the disposition of each claim and the
relief, if any, as to each claim. Unless the parties agree otherwise, the award
shall be a reasoned award and contain a concise written statement of the
reasons for the award;
17.9.10 Except as and to the extent otherwise required by law, the arbitration
proceeding, pleadings, and any award shall be treated as confidential and shall
not be used by the parties, except as may be necessary in connection with a
court application for a preliminary remedy, a judicial challenge to an award,
or its confirmation and enforcement.
17.9.11 In the event JAMS is unavailable or unwilling to hear the dispute in
accordance with this Agreement, the parties shall agree to, or a court shall
select, another arbitration provider subject to the procedural agreements of
this Section 17; and
17.9.12 You and TX GAME agree that any award issued by the Arbitrator in excess
of $50,000 in favor of either party, or any award which grants any form of
declaratory or equitable relief that would significantly impact other TX GAME
users or the operation of the Platform, may be appealed in accordance with the
JAMS Optional Arbitration Appeal Procedures at either party's election. The
JAMS Optional Arbitration Appeal Procedures are available at https://www.jamsadr.com/adr-rules-procedures/.
17.10 Batch Arbitration. To increase efficiency of resolution, in the event 20 or more similar arbitration demands against TX GAME, 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 JAMS in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Rules by (a) grouping the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair Your right to present any evidence or argument that You think is particular to Your case, so long as consistent with JAMS Rules. You agree to cooperate in good faith with TX GAME and JAMS to implement such a batch approach to resolution and fees.
17.11 By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after a reasonable inquiry under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law for either party's violation of this requirement.
OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION
17.12 IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, SUBJECT TO APPLICABLE LAW, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
17.13 OPT-OUT. IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 17 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN EMAIL TO support@txgame.club WITH THE SUBJECT “OPT-OUT”. REQUESTS TO OPT OUT AFTER THE 30 DAY PERIOD SHALL NOT BE EFFECTIVE.
17.14 Whether to agree to arbitration is an important decision. It is Your decision to make, and You are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at Your expense) regarding the consequences of Your decision.
WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION
17.15 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR TX GAME SHALL BE ENTITLED TO BRING, CONSOLIDATE, JOIN, OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION OR MASS ARBITRATION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND TX GAME ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, SUBJECT TO APPLICABLE LAW, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
17.16 Severability. This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement, which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 17 ARBITRATION AGREEMENT
18. Waiver of Jury Trial
18.1 EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR SERVICES OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY.
19. Miscellaneous
19.1 Entire Agreement. These Terms constitute the entire agreement between You and us regarding Your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and us regarding Your participation.
19.2 Tax and Interest. TX GAME LIMITED IS NOT A FINANCIAL INSTITUTION. You will not receive any interest on outstanding Prizes, and You will not treat TX GAME as a financial institution. You are solely responsible for any taxes that apply to Your use of the Service.
19.3 Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor shortage, actions of governmental authorities, or other force majeure event.
19.4 Severability. In the event any provision of these Terms is held unenforceable, such provision will be ineffective but shall not affect the enforceability of the remaining provisions. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
19.5 Assignment. These Terms are personal to You and are not assignable, transferable, or sub-licensable by You except with our prior written consent. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder to any third party without notice to You, and in such case, the Terms shall apply to and bind any successor-in-interest or assignee of ours.
19.6 Third-Party Beneficiaries. You further agree and intend that these Terms are entered into for the express benefit of Your spouse, heirs, children, and next-of-kin, and shall bind them to the extent of any claims arising from Your use of the Service that are brought by them or by any person for their use or benefit.
19.7 Business Transfers. In the event we undergo a change of control, merger, acquisition, or sale of assets, Your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.
19.8 Waiver. Our failure to assert a breach or a violation of these Terms, or our otherwise failure to exercise any rights under these Terms, shall not constitute or be deemed a waiver or forfeiture of such rights, or a waiver or forfeiture of such rights in the future.
19.9 Survival of Obligations. SECTIONS 14, 15, 16, 17, 18, and 20 SHALL BE DEEMED TO SURVIVE THE TERMINATION OF THESE Terms of Services OR YOUR USER ACCOUNT FOR ANY REASON.
20. Applicable Law and Jurisdiction
20.1 Governing Law. Subject to the Arbitration Agreement contained in Section 17, which is governed by the Federal Arbitration Act, the parties agree that these Terms and the related Service are governed by and shall be construed in accordance with the laws of Delaware, without regard to its principles of conflicts of law.
20.2 Exclusive Forum. Subject to the Arbitration Agreement contained in Section 17, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination, or invalidity of these Terms, will be submitted exclusively to state or federal courts in Delaware. You and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.