Terms and Conditions
Effective January 1, 2017
Acceptance of Terms
The terms of this Agreement (“Terms of Service” or “Terms”) are a legal agreement that governs your relationship with Cleebo Games Inc. (hereinafter collectively referred to as “Cleebo,” “We” or “Us”) regarding your use of www.cleebo.com as well as all other Cleebo-branded Web sites (the “Websites” or the “Site”) and Cleebo’s social games and related services, which include applications for mobile devices and hereinafter “the Services”) you agree that you read, understood, accept and agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, do not use or access the Services.
If you are using the Services on behalf of a company, entity, or organization (collectively, a “Subscribing Organization”) then you represent and warrant that you: (i) are an authorized representative or agent of that Subscribing Organization with the authority to bind such a Subscribing Organization to these Terms; (ii) have read the foregoing Terms; (iii) understand these Terms, and (iv) agree to these Terms on behalf of such Subscribing Organization.
License and Limitations on Use
By accessing and using the Services you represent and warrant that you have full right and authority to use the Services and to be bound by these Terms. You further agree that your use of the Services shall be lawful and that you will comply with any rules and policies relating to the use of the Services that may from time to time be enacted by Cleebo. Furthermore, you agree that you will not:
- Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks;
- Provide false or misleading information when registering for a user account, create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud Cleebo or any third party or take any other action which otherwise violates these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Services is accessed;
- Attempt to obtain passwords or other private information from other members including personally identifiable information;
- Use the Services if you have previously been removed or banned from accessing the Services by Cleebo;
- Develop, distribute or use any software programs or other applications that allow the user to cheat or obtain an unintended advantage while using the Services;
- Exploit or distribute any game error or technical glitch that provides an unintended advantage, including but not limited to accessing one time promotions more than once;
- Transfer, sell, or re-sell Virtual Currency or Virtual Goods (as defined below), to other individuals, parties, or entities, or fraudulently acquire Virtual Currency or Virtual Goods;
- Rent, lease, sell, trade, or otherwise transfer or share your account or account login information to anyone without Cleebo’s written permission;
- Access or use an account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without Cleebo’s written permission;
- Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- Attempt to use the Services on or through any website or service that is not authorized by Cleebo;
- Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services;
- Interfere or attempt to interfere with the proper working of any Cleebo website or any activities conducted on the such websites, including by taking any action that imposes, or may impose an unreasonable or disproportionately large load on such website’s infrastructure;
- Upload any content to any Cleebo website that (i) could be construed as unlawful, threatening, harmful, abusive, stalking, tortuous, defamatory, libelous, vulgar, hateful, obscene, offensive, racially, ethnically or otherwise objectionable, (ii) be designed to interfere or interrupt the website or any Service provided thereon, (iii) infect the website with a virus or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or (iv) give rise to a civil or criminal liability, or in violation of an applicable local, national or international law to Cleebo or any other party;
- Use the Services in connection with any unlawful activity of any kind; or
- Copy, modify, re-publish or otherwise infringe the intellectual property rights associated with any materials related to the Services including, any Cleebo copyrights, trademarks, service marks, photography, video or artwork.
This Services are not intended for individuals under the age of 21, or the age of majority or legal age in the jurisdiction from where you access the Services. The materials provided through the Services are not targeted at individuals under the age of 21. By using the Services you represent and warrant that you are at least age 21 and the age of majority in your jurisdiction. If you are under the age of 21 or the age of majority in your jurisdiction You must stop using the Services immediately. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Currency or Virtual Goods acquired through your use of the Services.
Access, User Names and Passwords
You are responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your password or user login information (“User Name”), or lend or otherwise transfer your use of or access to the Services, to any third party. You are fully responsible for all interaction with the Services that occurs in connection with your password or User Name. You agree to immediately notify us of any unauthorized use of your password or User Name or any other breach of security related to your account or the Services, and to ensure that you “log off” or exit from your account with the Services (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. You may login to use the Services by using your Facebook or Google account. By using your Facebook or Google account to log in to the Services, you affirmatively consent to our sharing of your actions and data with Facebook or Google.
You further represent and warrant that all information you supply to Cleebo is complete and accurate. Knowingly submitting incomplete or inaccurate information may result in immediate termination of your participation and forfeiture of any Virtual Currency and Virtual Goods to which you are otherwise entitled, at Cleebo’s sole discretion.
The Services may include a virtual, in-game currency (“Virtual Currency”) including, but not limited to chips, coins, cash, or points, that may be purchased through the Services for “real world” money if you are legally permitted to purchase such Virtual Currency in your country, province and/or state of residence. The Services may also include virtual, in-game digital items (“Virtual Goods”) that may be purchased through the Services for “real world” money if you are legally permitted to purchase such Virtual Goods in your country, province and/or state of residence or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for “real world” money, goods or other items of monetary value from Cleebo or any other party. Prices and availability of Virtual Currency and/or Virtual Goods are subject to change without notice. Virtual Currency and/or Virtual Goods may only be purchased or acquired from Us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Virtual Currency and/or Virtual Goods for any reason. Virtual Currency and Virtual Goods may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Currency and Virtual Goods may only be purchased or acquired through means specifically authorized by Cleebo. We reserve the right to refuse your request to purchase and/or acquire Virtual Currency or Virtual Goods for any reason. When you purchase Virtual Currency, it will reside in your Cleebo Social Casino account until discharged through use of the Services or otherwise surrendered as a result of termination of the Services in accordance with these Terms of Service.
Other than a limited, personal, revocable, non-transferable, non-sublicenseable license to use the Virtual Goods or Virtual Currency with the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Cleebo has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and Cleebo shall have no liability to you or anyone for the exercise of such rights. In addition to the foregoing, Cleebo may selectively remove or revoke Virtual Currency and/or Virtual Goods associated with your account.
With the exception of the mechanics (if any) already provided within the Services, the transfer of Virtual Currency and Virtual Goods is strictly prohibited. Any attempt to do so is in violation of these Terms of Service and may result in a lifetime ban from the Services and possible legal action.
You agree that all sales of Virtual Currency and Virtual Goods are final. No refunds will be given, except in Our sole and absolute discretion. All Virtual Currency and Virtual Goods are forfeited if your account is terminated or suspended for any reason, in Cleebo’s sole and absolute discretion, if any Virtual Currency or Virtual Goods were obtained by you as a result of a technical error relating to the Services, as reasonably determined by Cleebo, or if the Services are no longer available. If your account, or a particular subscription for the Service associated with your account, is terminated, suspended and/or if any Virtual Currency and/or Virtual Goods are selectively removed or revoked from your account, no refund will be granted, no Virtual Currency and/or Virtual Goods will be credited to you or converted to cash or other forms of reimbursement.
Intellectual Property Ownership
Cleebo and its licensors retain all intellectual property rights to the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively the “Content”).
The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, non-commercial, entertainment purposes. The Content may not be used by you in any other manner, or for any purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. For greater certainty, you may not reproduce, duplicate or copy any Content on any Cleebo website without our express consent. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark (“Trademarks”) used to identity or in connection with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Cleebo and/or its licensors and affiliates own all right, title, and interest, including copyrights, trademarks and other intellectual property rights, in and to all the Content. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content.
Any communications or materials you transmit to Cleebo by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Cleebo or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Cleebo is free to use any ideas, concepts, know-how or techniques contained in any communication you send to Cleebo for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information, without any compensation to you.
By participating on the Site, you agree that the Site may display your first name, first initial of your last name, picture, profile and game records. By participating on the Site, you agree to allow the Site to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or biographical information for promotional purposes without compensation.
You agree that you are solely responsible for any content of any nature, including location information, messages, posts, comments, data, text, images, photographs, videos or other materials that you transmit through the Services (“User Content”). By submitting, transmitting, posting, uploading, or otherwise providing any User Content in connection with the Services, you are granting Cleebo a royalty-free, fully paid, non-exclusive, sublicenseable, transferable, irrevocable, perpetual, unrestricted, worldwide license to use, publish, transmit, perform, display, store, distribute, reproduce, modify, create derivative works from, and otherwise use any and all user Content for any purpose, including, without limitation, advertising and promotional purposes. No credit, approval or compensation is due to you for any such use of the User Content you may submit.
Cleebo may in its sole discretion, remove, block, edit, move, disable or permanently delete User Content with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Cleebo shall at no time be liable to you for the removal, modification, blocking, moving or deletion of User Content.
By posting User Content, you represent and warrant that you have the full legal right to provide the User Content and that accessing, using or displaying of the User Content through the Services will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. You also agree that the User Content posted by you shall not include:;
Any personal identification, such as personal names, email addresses, or other indicia identifying any other person, including, without limitation, celebrities and/or other public or private figures, living or dead, or that is invasive of a person’s privacy.
- Comments or other materials that are sexually oriented, explicit or suggestive or exploit people in a sexual or violent manner;
- Comments or other materials that are violent or derogatory of any ethnic, racial, gender or religious group;
- Comments or other materials that harass or advocate the harassment of another person;
- Comments or other materials that promote the illegal use of alcohol, drugs, or tobacco, firearms/weapons or promotes any activities that may be construed as illegal;
- Comments or other materials that are false or misleading or promote illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or
- Comments or other materials that infringe any third party’s trademark, trade secret, copyright or other proprietary rights.
You acknowledge that We are not responsible for any User Content posted in connection with any portion of the Services. We are merely providing access to the Services and User Content as a service to our users to be used in accordance with these Terms of Service. With respect to any User Content posted by other users, such users are solely responsible for the User Content they post, including, without limitation, the reliability, accuracy, and truthfulness of any such User Content. Similarly, we have no control over whether such User Content is of a nature that other users might find offensive, distasteful, or otherwise unacceptable and, accordingly, we expressly disclaim any responsibility for any User Content. Just as when you view content in any other setting, you should exercise appropriate discretion, good judgment, and caution in accessing User Content in the Services and in taking any actions based upon such User Content. Accordingly, you agree to bear all risks associated with any such User Content that you access or use.
We reserve the right, but not the obligation, to monitor and delete any User Content deemed inconsistent with our policies in our discretion. We also reserve the right to terminate the account of any user who violates any of these Terms of Service, as determined in our sole discretion. Should Cleebo become aware that any user repeatedly violates these Terms of Service, including by the infringement of third-party copyrighted materials, we reserve the right to terminate such user’s account in appropriate circumstances.
If you are aware of any User Content posted in connection with the Services which violates these Terms of Service, please contact us at email@example.com. Please provide as much detail as possible, including a copy of the underlying material, the location where we may find it, and the reason such User Content should be removed. Please note that filing a complaint will not guarantee its removal, and Cleebo does not represent or warrant that it will regularly monitor material provided through the Services. To the extent any notice is based on an alleged copyright violation, please follow the instructions set forth in the section entitled “Copyright Infringement Claims.”
The Services may provide communication channels such as forums, communities, or chat areas (“Communication Channels”) designed to enable you to communicate with other users of the Services. Cleebo is 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. Cleebo 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 Cleebo, and these communications should not be considered reviewed or approved by Cleebo. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Cleebo 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.
Cleebo is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users.
You agree that We, in our sole discretion, may terminate or limit your access to or use of the Services, at any time and for any reason, including without limitation if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service in our sole discretion. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, User Name, and password (excluding your Facebook account), and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
Limitation of Liability
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR ANY OF CLEEBO, ITS AFFILIATES, SUBISIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS 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) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
In case of a malfunction or disruption of the Services that prevents you from completing a game in which you have begun to participate, Cleebo may allow users to participate again in a game until the participation is complete. Cleebo reserves the right to determine, in its sole discretion, whether it is responsible for any such malfunction or disruption. Cleebo also reserves the right to limit your game play or terminate your participation in the Services should Cleebo determine, in its sole discretion, that you have intentionally caused such a malfunction or disruption. Cleebo is not liable for any potential winnings or other lost opportunity from any unfinished game.
Release of Liability
To the fullest extent permitted by law, you agree to release, discharge, defend, indemnify and hold Released Parties harmless from and against all claims, damages, losses, liability, costs and expenses (including without limitation attorney’s fees) arising out of (a) your use of, access to, or activities in connection with the Services or (b) any violation of these Terms of Service by you or through your account. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
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” WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR 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 THE SITE WILL CONTINUE TO OPERATE FOR THE FORSEEABLE FUTURE OR FOR ANY SPECIFIC PERIOD OF TIME (C) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (D) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (E) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (F) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (G) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
By using the Services you agree to indemnify and hold Cleebo and Our affiliated companies, directors, officers, agents, employees, and partners harmless from all claims, actions, suits, or proceedings of any nature arising out of or incurred in connection with the Services (“Claims”), including, without limitation, Claims arising out of your conduct on the Services, Your use of information contained on the Services, Your use of User Content, Your violation of these Terms, or Your violation of any rights of another party, and shall hold us harmless from and indemnify us against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without our prior written consent. We may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If We or our licensors do not notify you that We elect to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Us, subject to our right to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
We respect the intellectual property rights of others and will quickly respond to any claims of copyright infringement reported in relation to the Websites or the Services. If you find anything on the Website or Services that you believe infringes your copyright or the copyrights of a person you are authorized to represent, please report the alleged infringement under the Digital Millennium Copyright Act (DMCA). To do so, please provide our copyright agent (“Copyright Agent”) with the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the allegedly copyright infringing content that you desire to have removed or disabled;
- Your contact information including name, address, email address, and phone number;
- A physical or digital signature of the true copyright holder or their authorized representative;
- A statement by you that you have a good faith belief that the use of the allegedly copyright infringing material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you that the information in the DMCA Notice is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Our Copyright Agent may be reached at the following contact information:
By e-mail: firstname.lastname@example.org
Please be aware that pursuant to copyright laws of some jurisdictions, a person who knowingly materially misrepresents that material or activity is infringing may be liable for damages.
The games offered through the Services may not replicate the odds of winning or the payouts of similar games found in casinos. In all cases, Cleebo posts the odds of winning in the form of Return to Player percentage in the information section for each game.
Hacking or Tampering With the Services
By accessing or using the Services, you agree that Cleebo is not responsible for any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Services. Any attempt to gain unauthorized access to the Services, interfere with procedures or performance of the Services, or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your participation and forfeiture of any prizes, including Virtual Currency or Virtual Goods, to which you are otherwise entitled. Any attempt to access or use any portion of the Services by means of automatic, macro, programmed, or similar methods, or to otherwise commit fraud with regard to the Services, will result in civil and/or criminal prosecution, termination of your participation, and forfeiture of all prizes, including Virtual Currency or Virtual Goods, to which you are otherwise entitled.
Termination of Site and Services
Cleebo may, on reasonable notice to you, permanently shut down the Site or the Services. You agree that if this occurs, you will not be entitled to any damages or compensation of any nature, including in regard to any Virtual Currency or Virtual Goods, and hereby agree to release Cleebo and its affiliates, subsidiaries, employees or agents from any claim in regard to the same.
Disputes with Others
Cleebo reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release and hereby agree to indemnify Cleebo from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You are subject to all laws of the jurisdiction in which you reside and from which you access the Services and are solely responsible for obeying those laws. You agree not to access the Services if doing so is not permitted by law in your jurisdiction. You agree Cleebo cannot be held liable if laws applicable to you restrict or prohibit your participation and agree to indemnify Cleebo for any claims, suits or proceedings of any nature resulting from your use of the Services from a jurisdiction where doing so is prohibited. Cleebo makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Cleebo have authority to make any such representations or warranties. Cleebo reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation in the Services is illegal or restricted.
Links to Third Party Sites
Although the Services may contain links to third party websites, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked site, unless specifically stated therein. Nothing on the Website shall be deemed to be an endorsement of any third-party website or online gambling provider or online gaming in general. We offer no guarantee of quality, trustworthiness or reliability of the third party websites featured, discussed or linked to through the Services, and there is no warranty from Us in relation to anything that might happen upon You visiting or using such third party sites. By accessing, using or downloading the Services, you acknowledge and agree that we have not reviewed all the websites linked to through the Services and are not responsible for the content of any off-site pages or any other site linked to through the Services. Your linking to any other off-site pages or other sites is at your own risk.
Updates to the Services
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services’ availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some and all users of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part, or of any Services Content. Your continued use of the Services after such changes will indicate your acceptance of such changes.
Governing Law and Dispute Resolution
These Terms of Service are governed by and construed in accordance with the laws of the Province of British Columbia, Canada without regard to its principles of conflicts of law. This provision shall not prevent either party from seeking or obtaining equitable or injunctive relief in any court of law of competent jurisdiction.
Any dispute, controversy or claim arising out of, relating to or in connection with these Terms of Service and/or the Services shall be finally resolved by arbitration under the International Commercial Arbitration Rules of Procedure of the British Columbia International Commercial Arbitration Centre (the “BCICAC”). The appointing authority shall be the BCICAC, and the case shall be administered by the BCICAC in accordance with its Rules. The place of the arbitration shall be Vancouver, British Columbia, the number of arbitrators shall be one (1), and the language of the arbitration shall be English. Each party shall bear their own costs of the arbitration proceeding.
The tribunal shall have the power to rule on any challenge to its own jurisdiction or to the validity or enforceability of any portion of the Terms of Service to arbitrate. The parties agree to arbitrate solely on an individual basis, and that these Terms of Service do not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the entire agreement to arbitrate will be null and void.
You and Cleebo agree that any action, regardless of form, arising out of or related to the Services and/or these Terms of Service must commence within one (1) year after the cause of action accrues, otherwise such action is permanently barred.
By using the Services you agree to waive your right to bring or participate in a class action proceeding against Cleebo in any jurisdiction where such waiver is possible.
If any portion of these Terms of Service is deemed void or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of the remaining provisions.
The headings titles in these Terms of Service are provided solely for convenience and have no legal or contractual significance.
You acknowledge and agree that your breach of any of these Terms could cause irreparable harm to Us and that in the event of such a breach, We shall be entitled to an injunction in addition to any other remedies available at law or in equity.
No waiver by Us of any violation or non-performance of these Terms shall be deemed to be a waiver of any subsequent violation or non-performance. No condoning, excusing or overlooking by Us of any default or breach of these Terms shall operate as a waiver of our rights under these Terms in respect of any continuing or subsequent default or breach, and no waiver shall be inferred from or implied by anything done or omitted by Us, save only an express waiver in writing.
We will not be liable in any amount for failure to perform any obligation under these Terms of Service if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or war.