Terms of Service

IMPORTANT NOTE: These Terms of Use have been updated as of Mar 2024.

THE TERMS OF SERVICE IS AN AGREEMENT BETWEEN YOU AND GAME ORCAS Ltd. (OR "COMPANY") THAT GOVERNS YOUR USE OF OUT SITE, APPLICATION AND SERVICE. FOR PURPOSES OF THESE TERMS OF SERVICE, "COMPANY" SHALL MEAN GAME ORCAS Ltd., IT'S PARTNERS, PARENT COMPANIES, SUBSIDIARIES, LICENSEES, LICENSORS AND AFFILIATES. (COLLECTIVELY, ALSO REFERRED TO HEREIN AS "WE", "OUR" OR "US")

NO REAL MONEY GAMBLING OR OPPORTUNITY TO WIN REAL MONEY/ REAL PRIZES ARE OFFERED BY THE GAMES.

PLAYERS OR USERS OF OUR GAME CANNOT WIN ACTUAL MONEY OR ANYTHING OF VALUE VIA PLAYING THE GAMES. THE GAMES ARE FREE TO PLAY. PLAYERS OR USERS ARE NOT REQUIRED TO PAY ACTUAL MONEY TO PLAY THE GAMES.

PRACTICE OR SUCCESS AT SOCIAL CASINO GAMING DOES NOT IMPLY FUTURE SUCCESS AT REAL MONEY GAMBLING.

THESE TERMS OF SERVICE (“TERMS”) ARE A LEGAL AGREEMENT BETWEEN YOU (“YOU” OR “YOUR”) AND THE COMPANY (AS DEFINED ABOVE). BY DOWNLOADING, INSTALLING ANY OF OUR APPLICATIONS (“APPLICATION”) AND USING IT IN CONNECTION WITH SERVICES PROVIDED BY US OR OTHERWISE ACCESSED THROUGH THE USE OF AN APPLICATION (SUCH SERVICES AND THE APPLICATION COLLECTIVELY, THE “SERVICES”) YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SERVICE. YOU ALSO AFFIRM THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.

By installing or using this app for any platform or device, you agree to, Inc (We Terms of Service and Privacy Policy. Certain features of this application may require you to provide personal information, including but not limited to name and email address. All information collected will be used in accordance with our Privacy Policy.

You agree that any part of the Service may be changed by us, including its content, at any time, or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

If the Terms are violated by you, we reserve the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that we don't need to provide you notice before terminating or suspending your account(s), but we may provide such notice in our sole discretion.

By using the Platform, you certify that you are at least 13 years of age. Please read these Terms carefully before using this Platform.

1. Account Info

In order to access the service, you need to set up an account. In the process of setting up the account, it’s possible that a password is required to be selected by you. Or we are allowed to access your account info from a social network service. For the purposes of these Terms, references to Account and Login Information shall include any account and account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Our applications will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;

In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify our support team and modify your Login Information;

You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;

You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.

You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.

GAME ORCAS LIMITED reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.

You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.

Any personal information you provide to us when creating or updating your account, which may include your name, e-mail address, and, in some cases, payment information, will be held and used in accordance with GAME ORCAS LIMITED Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

2. Privacy Policy

Any Content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them.

You agree that we collect a series of data regarding your in-game activities, including but not limited to your activity logs, IP addresses, browser info, and so forth.

If you don't want us to do so, please let us know via our support e-mail/span>customerservice@gameorcas.com) and we will stop collecting the data above.

3. Charges and Billings

In some cases, you can use gift card, credit or debit card, PayPal, or other similar accounts (each referred to herein as “Payment Information, to pay for optional Services and/or upgrades. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.

4. Payment Terms

You may purchase unreal currency from Platform(including Apple App Store, Google play and Amazon Appstore) that we decide to work with in exchange for real money. This is a transaction between you and Platform and us is not a party. If you purchase Platform Credits, you are agreeing to Platform's terms relating to payment and Platform Credits. We are not responsible or liable for any issues related to the services provided by Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem Platform Credits for in-game currencies and goods offered in our games hosted by Platform. If you are under the age of 21, you may use Payments only with the involvement of your parent or guardian. Make sure you review these Terms with your parent or guardian so that you both understand all of your rights and responsibilities.

5. Content of Company

Content on this Platform that is provided by Company or its licensors, including certain graphics, photographs, images, screenshots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, and the compilation of the foregoing (“or “Content is the property of Company and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws. Content may not be used without the express written consent of Company.

You do not acquire any ownership rights by using the Platform. All comments, feedback, suggestions, ideas, and other submissions (“Ideas disclosed, submitted, or offered to Company in connection with use of the Platform shall be the property of Company. You agree that unless otherwise prohibited by law, Company may use, sell, exploit, and disclose the Ideas in any manner, without restriction and without compensation to you, and that Company will not be required to treat any Ideas as confidential. Posting of Ideas to or through the Platform, including ideas or disclosures of opinions, is voluntary on your part. No confidential or additional contractual relationship is established by your posting of Ideas or is it to be implied by our review or subsequent use of your Ideas. The Company shall not be liable for any disclosure of any Ideas, including opinion(s) or suggestion(s) you post to or through the Platform. You acknowledge that you are responsible for whatever material you submit, and you, not Company, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

You agree not to download, display, use, copy, redistribute, publish, or otherwise exploit any Content located on the Platform for use in any publications, in public performances, on websites other than this Platform, for any other commercial purpose, in connection with products or services that are not those of Company, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Company and/or its licensors, that dilutes the strength of Company’s or its licensor’s property, or that otherwise infringes Company’s or its licensors intellectual property rights. You further agree to in no other way misuse any Content or third party content that appears on this Platform.

6. Limited License to Virtual Goods and Game Currency

Through the Platform, you may be provided an opportunity to purchase a limited license to Virtual Goods and Game Currency using real-world money at prices established by the Company in its sole discretion and made known to you at the time of purchase. Purchase of Virtual Goods or Game Currency is never required to play the Games or access the Platform. Virtual Goods and Game Currency can never be redeemed for real money, goods, or any other item of monetary value from Company or any other party. Game Currency are virtual tokens that we license and each virtual token represents contractual permission from Company to access certain features of the Platform. You acknowledge that Virtual Goods and Game Currency are not real currency or any type of financial instrument and are not redeemable for any sum of money from Company at any time. Company may determine and modify the permissible uses and in-Game value of Virtual Goods and Game Currency at any time in its sole discretion. Company makes no guarantee that the Virtual Goods or Game Currency will be available, nor that they will be usable for any particular Game, function or feature, regardless of whether they were usable for such Game, function or feature at time of purchase.

Purchase, sale and transfer of Game Currency or Virtual Goods is strictly prohibited. Violation of that prohibition may result in termination of your account and legal action. You understand that you have no right or title in Virtual Goods or Game Currency or any other attributes associated with use of the Platform or stored within the Platform, other than the extent of your limited license.

Except as required by applicable law, your purchase of the limited license for Virtual Goods and Game Currency is final and is not refundable or exchangeable, except in Company’s sole discretion. You agree that Company has the right to manage, control, and modify the license rights (including terminating those rights) underlying such Virtual Goods and Game Currency in its sole discretion and that Company will have no liability to you based on its exercise of this right.

YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL GOODS OR GAME CURRENCY IF YOUR LICENSE TO USE THOSE ITEMS IS TERMINATED OR YOUR ACCOUNT CLOSED, REGARDLESS OF REASON AND REGARDLESS OF WHETHER SUCH TERMINATION OR CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

7. Communication Channels

The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. We under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. We may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by us, and these communications should not be considered reviewed or approved by us. You will be solely responsible for your activities within the Communication Channels and under no circumstances will we be liable for any activity within the Communication Channels.

You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. We are not responsible for information that you choose to share on the Communication Channels, or for the actions of other.

8. Prohibited Conduct/Representations and Warranties

You represent and warrant that you will not, in connection with your use of the Applications: violate any law (including without limitation laws related to torts, contracts, patents, trademarks, trade secrets, copyrights, defamation, obscenity, pornography, rights of publicity or other rights) or encourage or provide instructions to another to do so;

act in a manner that negatively affects other users' ability to use the Applications, including without limitation by engaging in conduct that is harmful, threatening, abusive, inflammatory, intimidating, violent or encouraging of violence, harassing, vulgar, stalking, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;

Post any User Content containing unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes or any other form of unauthorized solicitation;

Post any User Content containing sweepstakes, contests, or lotteries, or otherwise related to gambling;

Post any User Content containing copyrighted materials, or materials protected by other intellectual property laws, that you do not own or have a license to;

use any computer or device that is running any application, software or technology that is not expressly authorized by us for use and that enables cheating or accomplishing game tasks that cannot be accomplished without the use of such an application, software or technology, including without limitation automation software (bots), hacks, or other devices for enabling the interoperability of unauthorized third-party software that modifies the gaming experience;

exceed your authorized access to any portion of the Applications or any database, computer or device;

remove, delete, alter, circumvent, avoid or bypass any watermark or digital rights management technology;

collect or store personal data about anyone;

modify any part of the Applications;

obtain or attempt to access or otherwise obtain any Content or information through any means not intentionally made available or provided for through the Applications;

exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available.

9. Indemnification

You will indemnify and hold us harmless from any and all third party claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms, including any breach of the representations and warranties contained herein, or your violation or breach of any rights of or agreements, undertakings, representations or warranties with another in any way related to the Applications and/or Content. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.

10. Disclaimers

You use the applications at your sole risk. We provide the applications "as is" and "as available". We expressly disclaim to the full extent permitted by law all warranties of any kind related to the applications and goods or services purchased through the applications, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your device or computer system or loss of data that results from your use of the applications.

We make no warranty that :

(1) The applications will meet your requirements

(2) The applications will be uninterrupted, timely, secure or error-free

(3) The applications' results will be accurate or reliable

(4) The quality of any products, services or material purchased or obtained by you through the applications will meet your expectations; or

(5) The applications, our servers, or communications sent from us will be free of viruses or other harmful components.

No information obtained by you from us or through the applications shall create any warranty not expressly stated in these terms.

11. Procedure for Making Non-Copyright Complaints

If you believe that your rights, or the rights of a third party, are being violated in any way by any material accessible on or through the Applications, please contact us at:

customerservice@gameorcas.com

We will work to prevent unlawful activity from taking place on or through the Applications.