Terms of Use
Version 1.0
February 19, 2021
The terms of this agreement (“Terms of Use”) govern the relationship between the user and the website of Pragmatic Play (hereinafter referred to as “Pragmatic Play” or “we”) and govern the terms and conditions of use of Pragmatic Play’s games, websites and related services (hereinafter referred to as “Service/Services”). Use of the Service is also governed by our Privacy Policy, which shall be incorporated into, affect, and be considered an integral part of these Terms of Use.
Before accessing or using the Service, including browsing any Pragmatic Play website or accessing a game, you must accept and agree to these Terms of Use and the Privacy Policy. By using the Service, you represent that you are 18 years of age or older (or the legal age to play games of chance in your jurisdiction) and that you understand and agree to these Terms of Use.
If you access the Service through a social networking site such as Facebook, you must agree to/comply with the Terms of Use of the social networking site as well as these Terms of Use.
By installing, using, or accessing the website or our Services in any other way, you agree to these Terms and Conditions. If you do not agree to these Terms, do not use or access the Service. For the avoidance of doubt, use of the Service is considered invalid where prohibited by local law.
Pragmatic Play reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use and Privacy Policy at any time by posting the updated terms on the Pragmatic Play website. You will be deemed to have accepted the new Terms by continuing to use the Service.
If at any time you do not agree to or accept any part of the updated Terms and Conditions, Privacy Policy or any other policy that may be specified by Pragmatic Play from time to time, rules and codes of conduct relating to the use of our Services, your license to use the Service will terminate and you must immediately cease using the Service.
With your consent and compliance with the Terms of Use and other Pragmatic Play policies, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Service for your personal, non-commercial entertainment purposes. You agree not to use the Service for any other purpose.
We apply the following restrictions to your use of the Service:
Pragmatic Play reserves the right to determine what conduct/events it deems to be in violation of the rules of use or otherwise outside the purpose or spirit of these Terms of Use or the Service itself. Pragmatic Play reserves the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.
Without limiting any other remedies, Pragmatic Play may restrict, suspend, terminate, modify, or delete accounts or discontinue all or part of the Service with or without notice if (or Pragmatic Play suspects that you are not complying with these Terms of Use) or you do not respect them or for any actual or suspected illegal or inappropriate use of the Service.
Without limiting other remedies, we may limit, suspend, or terminate the provision of Services. We may also prohibit access to our games and websites, as well as their content, services, and tools, delay or remove hosted content, and take legal action to prevent users from accessing the Service if we believe they pose a risk or potential legal impediment that violates the intellectual property rights of third parties or acts in a manner inconsistent with the spirit or intent of our Terms and Conditions or policies.
Pragmatic Play reserves the right to discontinue the provision, offering, and/or support of the Services (in whole or in part) or a specific game of the Services at any time, whereupon the license to use the Services or part thereof shall automatically terminate. In such a case, and for the avoidance of doubt, Pragmatic Play shall not be required to provide refunds, benefits or other compensation to users in relation to such discontinued Services.
All rights, titles and interests in and to the Service (including, without limitation, website design, text, graphics, photographs, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, expressions, ideas, design elements, animations, musical compositions, audio-visual effects, methods of operation, moral rights, documents, in-game chat texts, character profile information, underlying source code, software and other proprietary rights) are owned by or licensed to Pragmatic Play. We retain all rights, including without limitation, all intellectual property rights or other proprietary rights, relating to the game and the Service.
You acknowledge that you are not permitted to reproduce the Services (in whole or in part) in any form without the express written consent of Pragmatic Play. If any material from the website is permitted to be downloaded/downloaded or printed, then such material may be downloaded onto a single personal computer and sections in printed form may be printed solely for personal and non-commercial use. Under no circumstances shall the use of the Service grant you any rights to any intellectual property rights held by us or any third party. No right is granted to use or reproduce any trade names, trademarks, or logos, unless expressly permitted in writing by the owner of such rights. Any violation of this requirement that comes to our attention will be reported within a reasonable time to the relevant copyright holder for appropriate action and enforcement.
“User Content” means any form of communication, images, sound, and all material, data, and information that you upload or transmit through a program, client, or Service of Pragmatic Play or that other users upload or transmit, including without limitation any chat text.
By transmitting or submitting any User Content while using the Service, you confirm, represent, and warrant that such transmission or submission is (a) accurate and not confidential. (b) does not violate any law, contractual restrictions or other rights of third parties and that you have permission from any third party when personal information or intellectual property is infringed in the User Content; (c) free of viruses, adware (advertising software), spyware (spyware), viruses or other malicious code, and (d) you acknowledge and agree that any of your personal information within this content will be processed at any time by Pragmatic Play in accordance with its Privacy Policy.
Pragmatic Play reserves the right, at its sole discretion, to review, monitor, prohibit, edit, delete, terminate access to, or make unavailable any User Content (including without limitation your User Content) without prior notice for any reason or no reason at any time.
Pragmatic Play accepts no responsibility whatsoever for the conduct of any user who submits any content uploaded to the website and accepts no responsibility for monitoring the Services for inappropriate content or conduct. We do not display and cannot monitor all User Content for inappropriate content. Your use of the Service is at your sole risk. When using the website and Services, you may be exposed to user content that may be offensive, indecent, or not in line with your expectations. You assume all risks associated with the use of any User Content available through our Services. At our discretion, representatives or special technology may monitor and/or record your interaction with the Services or communications (including, without limitation, chat text) when you use our Service.
By accepting these Terms of Use, you hereby provide your irrevocable consent to such monitoring and recording. You understand and agree that you have no expectation of privacy regarding the transmission of any User Content, including without limitation chat text or any voice communications.
If at any time Pragmatic Play chooses, in its sole discretion, to monitor the Services, Pragmatic Play shall not be responsible for User Content and shall have no obligation to modify or remove any inappropriate Content uploaded by Users. We have the right, but not the obligation, to edit, refuse to publish, or remove any User Content, at our sole discretion.
The Services may include various forums, blogs, and chat features where users can post or submit Content, including comments and feedback on specified topics. Pragmatic Play cannot guarantee that other members will not use the ideas and information you share through the Service. Therefore, if you have an idea or information that you would like to keep confidential and/or not used by others, please do not post it on the Service. Pragmatic Play has no responsibility for the use, evaluation, or compensation of any ideas or information you may choose to submit.
You are solely and exclusively responsible for the information you post through or in connection with the Services and that you provide to other third parties. Pragmatic Play may refuse to publish or delete any User Content for any reason, including but not limited to refuse to publish or delete any User Content for any or no reason, including but not limited to User Content that, in Pragmatic Play’s sole discretion, violates these Terms and Conditions.
You hereby grant Pragmatic Play an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign) to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, and publish your User Content in any manner, including but not limited to the use of your User Content in connection with the Services. You also grant the right to copy, reproduce, correct, adapt, modify, create derivative works, construct, market, publish, distribute, sell, license, sublicense, transfer, lease, transmit, public display, public presentation or making available electronically, broadcasting, communication to the public by telecommunications, projection, access to computer memory, and using in any way your User Content and all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotion of our Services. You also grant Pragmatic Play the right to authorize others to exercise any of the rights granted to Pragmatic Play under these Terms of Use.
You further grant Pragmatic Play the right to use your name, likeness, and any other information or material included in and in connection with the User Content, in accordance with our Privacy Policy. Unless prohibited by law, you waive any performance and/or moral rights you may have in your User Content, whether modified or altered in any way. Pragmatic Play does not claim any ownership rights in your User Content, and nothing in these Terms is intended to limit any rights you may have to use and exploit your User Content. Pragmatic Play has no obligation to monitor or enforce your intellectual property rights in or to the User Content.
You are solely responsible for your interactions with other users of the Service and any other members with whom you interact through the Service and/or our Games. We reserve the right, without any obligation, to get involved in any way in such disputes.
You will cooperate fully with Pragmatic Play in investigating any suspected illegal, fraudulent, or inappropriate activity.
If you have a dispute/conflict with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands and damages (current and consequential) of any kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You understand that the Service is evolving. Pragmatic Play may require you to accept updates to the Service and its games. You acknowledge and agree that Pragmatic Play may update the Service with or without notice. You may need to update third-party software from time to time to receive the Service and play the games offered by Pragmatic Play.
Without limiting Pragmatic Play’s liability under Section 6 below, the Service is provided “as is” and “as available” for your use, without any warranties of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement of legal provisions and those arising from course of dealing or usage of trade. Pragmatic Play does not warrant that you will be able to access or use the Service at any time or from any location, that the Service will be uninterrupted or error-free, that defects will be corrected or that the game or the Services are free of viruses or other harmful components/elements.
Pragmatic Play shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenue, lost profits, data disclosure or business interruption or other intangible losses (regardless of how losses are classified), arising out of or in any way related to these Terms and Conditions or the Services, whether such damages are based on contract, tort, or any other form of legal action, and whether or not Pragmatic Play has been advised of the possibility of such damages. Pragmatic Play shall not be liable to you for any amount in excess of the amount you have paid to Pragmatic Play in accordance with these Terms of Use within six months of the date on which you submitted your first claim. You acknowledge and agree that if you have not paid anything to Pragmatic Play during this period, your sole remedy (and Pragmatic Play’s sole liability) for any dispute with Pragmatic Play is to stop using the service.
In some jurisdictions, the exclusion of certain warranties or other application of limitations or exclusions of liability for certain types of damages is not permitted. Accordingly, some of the above disclaimers and limitations may not apply to you.
To the extent that Pragmatic Play cannot, under applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and Pragmatic Play’s liability shall be limited to the minimum extent required by applicable law. In particular, nothing in these Terms and Conditions affects the statutory rights of consumers or excludes or limits any liability for death or personal injury arising from Pragmatic Play’s negligence or fraud.
You agree to indemnify, defend and hold Pragmatic Play harmless from any claim, demand, damage or other loss, including legal fees, asserted by any third party and arising out of your use of the Service or any breach of these Terms of Use, provided that the foregoing does not apply if the infringement of rights is not due to your intentional or negligent conduct.
The Pragmatic Play website may contain links to other websites (“Related/Linked Sites”). These Related Websites are not under the control of Pragmatic Play and the company is not responsible for the content of any Linked/Related Website, including without limitation any link contained in a Linked Site, or any changes or updates to such Linked Sites. Pragmatic Play is not responsible for any transmission via the internet or any other form of transmission/referral received from any Linked Website. Pragmatic Play provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pragmatic Play or its operators. You acknowledge that Pragmatic Play cannot be held responsible for the content of Linked Sites or for any consequences arising from your access to them, and you acknowledge that your access to or use of Linked Sites is solely at your own discretion,
In the event of a dispute/dispute between you and Pragmatic Play, we recommend that you contact us immediately. Any dispute arising out of or in connection with these Terms of Use and this Privacy Policy or the Services shall be governed in all respects by the laws of Malta, regardless of the legal nature of the dispute.
You and Pragmatic Play agree that if any part of these Terms of Use or the Privacy Policy is found to be illegal or unenforceable (in whole or in part) by any court of competent jurisdiction, that provision, as to that jurisdiction, will be ineffective, void to the extent of such illegality or unenforceability without affecting the validity or enforceability of the remaining provisions, which shall continue in full force and effect.