GENERAL TERMS AND CONDITIONS
It is
important for You to read and understand these Terms and Conditions before you
accept them and prior to Your use of the Website and or App. (further referred
to as Website.) These Terms and Conditions constitute a legally binding
agreement between You and Flash City (further referred to as The Company.)
1.
Scope of Application
The Terms
and Conditions apply to the content and services on the Website and regulate
the relationship between You and the Company. They also apply to content (e.g.
document uploads) sent by the Player to the Company via the Website or via
e-mail. The Company reserves the right to modify these Terms and Conditions at any
time. You should check
this page regularly to take notice of any changes. Your continued use of the
Services following the posting of revised Terms means that you accept and agree
to the changes.
2. Description of Services
2.1. Players can participate in the games and
content made available on the Website and App by using credits or lives (these
credits can never be converted to real money).
2.2. By accessing and opening an Account and
using the Website or App, You confirm and warrant that online gaming is legal
and permitted in the jurisdiction where You are located and You will not use
the Website while resident or temporarily located in any jurisdiction that
prohibits the use of the Website.
2.3. The Company reserves the right to prevent
Players from accessing games until certain verification procedures have been
successfully completed in accordance with the provisions of these terms.
2.4. The Company reserves the right to add,
discontinue, or change any aspect of the Website or App or the quality of
services offered on the Website or App from time to time. The games and
services offered on the Website or App are based on the current state of today’s
technology. The Company does not guarantee the availability and continuous full
functionality of all its games and services. The Company will use all
reasonable efforts to correct any identified defaults that may occur.
3.
Registration
3.1. To participate in the games offered on the
Website or App, a Player is required to open an account with the Company
("Account"). A Player can open an Account directly through the
Website or App and by successfully completing the registration process.
3.2. To open an Account, Players have to
accurately complete the registration process by providing the Company with all
personal details requested. Each Player will also be required to create his/her
own Player name (the “username”). A Player shall have no entitlement to a
specific username. The username must be clearly identifiable. The use of
offensive, indecent, or otherwise objectionable names is forbidden. Players
shall also be prohibited from choosing usernames that contain or allude to an
Internet link or account names which allude to certain rights of the Player (in
particular but not exclusively, the use of the term “administrator”). The
Company reserves the right to suspend Accounts with unacceptable usernames. The
Company will re-admit such Accounts after the successful change of their name
to an acceptable username. The Company reserves the right to refuse any person
to open an Account at its full and sole discretion.
3.3. The registration procedure including the
creation of an Account is completed after the personal identification data and
age provided by the Player upon registration have been verified and approved by
the Company and the email address is confirmed by the Player. By opening an
Account, You consent to us undertaking the due identity and verification
process using the personal details You provided upon registering and opening an
Account.
3.4 Each Player may only open one Account. Registration of the Account
is free of charge. We reserve the right to suspend for further investigation or
close Accounts where we have a suspicion that Accounts are duplicates or
inaccurate.
3.5. It is solely Your responsibility to ensure
that You do not reveal Your username and password to anyone else and to ensure
that this information is kept secret at all times. We reserve the right to
suspend or close any Account if, in our reasonable opinion, Your Account
information has been compromised. If You believe the secrecy of Your Account
information has been compromised. You must change Your password immediately.
You must tell us immediately if You suspect any unauthorised use of Your
Account or access to Your password. About password security: We
recommend not to write Your password down; not to use easily traceable passwords
such as birth dates, telephone number, car number, etc. In accordance with good
security practices, You should change Your password regularly.
3.6 If a third party accesses Your Account You
are solely responsible for all their actions whether or not their access was
authorised by You and You hereby indemnify us and hold us harmless against all
costs, claims, expenses and damages arising in connection with the use of or
access to Your Account by any third party.
3.7. By opening an Account with us, You warrant
and represent that:
1. You are at least the legal age required; also see (3.11 below)
2. You have the mental capacity to take responsibility for Your own actions and can enter into a legally binding agreement with us;
3. You have provided us with personal details that are valid, accurate and complete in each and every respect and that You shall inform us immediately in writing should such details change.
14. We are entitled to request You to provide a valid proof of identity, age, address or payment method ownership as required to comply with our regulatory and legal obligations.
.3.8. You are obliged to keep Your personal information up-to-date and
You consent to further identity verification checks on all changes to Your
personal information. It is Your sole responsibility to inform us of any
changes to Your personal information.
3.9. The Company reserves the right to close
Your Account or suspend the Account until the verification process is complete.
The Account registration shall be completed only after the due identity, age,
and address checks have been performed and approved by the Company.
3.10. No deposits will be returned to any
Players who have not satisfactorily passed all our verification processes.
3.11. If, after the creation of an Account, You
are shown to be underage, we will handle Your Account in accordance with the
applicable legal and regulatory requirements. As the game is a social game an
underage applicant can create an account with the consent of their legal
guardian.
3.12. Players are solely responsible for the technical configuration of
the computer or device used to connect to our Website or App.
4. Games
4.1. In addition to the rules applicable to the
Account registration, participation in games available on the Website or App
can be subject to further restrictions. Such restrictions shall be explicitly
announced via the Website or App without any commitment. The Company reserves
the right to refuse to allow any Player to participate in any game offered on
the Website or App for whatever reason.
4.2. In the event of a hardware or software
malfunction with an impact on the gaming activity (including all types of games
offered on the Website or App), predictions or winnings(points), the Company
shall immediately suspend the results, prizes and rewards related to the
affected games. In such cases, the Company shall suspend all the affected
Accounts and inform the Players on the outcome after analysis of the
malfunction. It is hereby being agreed that the Player shall have no
entitlement whatsoever to any winnings(points) accruing due to a
malfunction.
4.3. Participation in the games by employees or
sponsors of the Company, as well as by any relatives of them is forbidden.
5.
Intellectual Property
5.1. By registering an Account and/or by using
any of the services on the Website or App, the Player acknowledges that the
entire content of the Website or App, with the exception of the Player’s
personal data, is the sole property of the Company. The Player shall use the
content and information present on the Website or App for personal use only and
refrain from using this intellectual property in any other way whatsoever.
5.2. Notwithstanding any applicable Data Privacy
laws and regulations, the Company is granted all exclusive, royalty-free,
intellectual property rights of materials (such as photos, questions, comments,
text messages and the like) that are submitted to the Company. There shall be
no claim for compensation or reward of any kind.
6. Misconduct
6.1. Any misconduct in using the services is
prohibited. The following non-exhaustive list of acts shall be deemed as
misconduct:
· Players deliberately or intentionally providing inaccurate or misleading personal information upon Account registration or after;
· Players attempting in any way to by-pass or circumvent the security or safer gaming checks of the Account or Website or App;
· Players attempting to manipulate the results of games by concerted practices, making alterations of the program or in any other way;
· Players deliberately causing or exploiting Website or App malfunctions or defects in order to undermine the natural flow of the game;
· Registered or self-excluded Players, including Players self-excluded in public self-exclusion services such as GAMSTOP, opening another account on the Website or App;
· Players violating any other regulation set out in these Terms and Conditions.
6.2. The use of any software program which facilitates artificial
intelligence is strictly prohibited. Prohibited software may include software
which allows opponent profiling, Player collusion or any other program which
the Company believes allows a Player to cheat or gives one Player an unjust
advantage over another Player. The Company may take action in order to detect
and prevent the use by Players of such software, including reading the list of
currently running programs on a Player’s computer where possible or profiling
the Player’s behaviour for the purposes of investigation. If the Company
successfully identifies the use of prohibited programs, the Company reserves
the right to suspend the offending Player’s Account for the period necessary to
complete the due investigation, to confiscate all cash deposits, winnings(points)
and rewards in that Account, or to close the Account and permanently prevent
the Player from using the services of the Company and any of its sites.
6.3. A Player shall not collude with fellow
Players (i.e. any form of coordinated or unsolicited team play). If any
collusion is identified by the Company, the Company has the right, in its
absolute discretion, to confiscate winnings(points) or rewards of all colluding
Players.
7. Communication and
General Conduct between Players
7.1. It is prohibited and constitutes
misconduct:
· to collect personal data about other Players without their explicit prior approval;
· to transmit any kind of viruses or spam or attempt any other kind of interference or interruption of other computer systems and programs;
· to collude with other Players by using a chat system or communication channel provided by a third party;
· to deliberately block games in any way whatsoever;
· to influence the outcome of a game by interfering with the program or undertaking any other means contrary to the game rules and/or these Terms and Conditions.
8. Sanctions for
Misconduct
8.1. In the event of Player misconduct, the
Company reserves the right to immediately suspend the Account and exclude the
Player from any further use of the Website or App until full clarification of
the situation, or to close the Account by terminating the contract with the
Company. Furthermore, in such cases the Company is also entitled to interrupt
on-going games with or without prior notice.
8.2. In case of Player misconduct, including
provision of (fully or partially) incorrect or misleading information upon
registration or afterwards, by-pass or circumvent the security or safer gaming
checks or agreed self-exclusion on the Website or App, the Company shall
confiscate in full and not pay out the Player´s balance(credit) in his/her
account. Under no circumstances shall the Company refund any money that has
been deposited by the Player. In addition, the Company shall confiscate and not
give out any prizes and shall cancel any granted prizes. The Company is
entitled to charge operational costs to the Player by way of set-off or by
claiming any financial damages caused by the Player´s misconduct on the Website
or App.
8.3. The above sanctions for misconduct apply
also in cases when a Player already registered with public self-exclusion
services such as GAMSTOP manages to create an Account on the Website or App for
any reason whatsoever. While the Company has in place robust systems aimed at
preventing such Players from accessing the Website or App, it will not be held
liable should the Player manage to complete registration by maliciously
circumventing the Company’s systems.
9.
Termination
Both Parties are entitled to terminate the
contract at any time with immediate effect without a statement of a reason or
cause. In this case any credits and points won by the player will be lost and
no compensation whatsoever will be given.
10.
General provisions
10.1. In order for Players to be able to
participate in the offered games daily free credit is given to the players
Account. The player can further purchase more credits by using the payment
methods available on the Website or App.
11.
Payouts (prizes)
11.1 All prizes advertised will be made available to the winners 48 hours after the end of a competition.
11.2 All
winners will be notified by email immediately after that competition has
terminated.
12.
Inactivity and Closure of Accounts
12.1. Should the Player fail to log-in to
his/her Account for a period of 13 months, the Company shall have the right to
terminate that account.
13. LIABILITY
13.1. If the Player discovers a technical fault
or human error in his/her Account or Website systems, including Account
registration, games performance and safer gaming tools, the Player must
immediately inform the Company, and the Company shall endeavour to address the
fault as soon as possible. The Company accepts no responsibility and shall not
be liable for any consequences or loss of credis if the Player fails to comply
with this obligation or attempts to take advantage or misuse the fault or error
on his/her Account or the Website.
13.2. The Company offers the software on the
Website “as is”, with no express or implied warranty or assurances of any kind
including warranties of merchantability, non-infringement of intellectual
property, or fitness for any particular purpose. To the maximum extent
permitted by law, the Company expressly excludes all conditions, warranties and
other terms which might otherwise be implied by statute, common law or the law
of equity for:
· Any damages or losses that are alleged to have been caused by any errors in the software on the Website or App;
· The accuracy of any information services provided or any statistics and intermediate results shown on the Website or App;
· 13.3. The Company is not liable for the Website or App and games performing without interruption, not containing any programming errors and/or identified faults being corrected, or for any resulting damages. Further, the Company cannot be held liable for the Website or App, its connected servers or the system of third parties accessing the Website or App not containing viruses or other damaging components, which could cause damage to the computer, hardware and/or software of the Player, nor any resulting damage. Moreover, the Company reserves the right to cease the operation of the software on the Website or App in order to correct any errors or remove any viruses.
·
14. GENERAL PROVISIONS
14.1 If any of the provisions of these Terms and Conditions
are deemed to be unlawful, void or for any reason unenforceable, then that
provision shall be deemed to be severable from the rest of these Terms and
Conditions and shall not affect the validity or enforceability of the remaining
provisions which shall remain in full force and effect.
14.2 A Player may not assign, sub-license or
otherwise transfer any of his/her rights and obligations granted to or imposed
upon a Player by these Terms and Conditions.
14.3. The Company reserves the right to assign,
sub-license or otherwise transfer its rights, including Players´ personal data,
under these Terms and Conditions to another business licensed to operate the
Website and according to applicable laws.
14.4 Notices and other communications delivered
or mailed to the postal address or to the e-mail address provided by a Player
upon registration and opening an Account shall, until the Company has received
notice in writing of and verified any different address, be deemed to have been
personally delivered once sent whether actually received or not.
14.5. Any waiver by the Company of any breach
of, or default under, these Terms and Conditions by a Player shall not be
considered as a waiver of any subsequent breach.
14.6 Failure or delay by the Company in
enforcing or partially enforcing any condition of these Terms and Conditions
shall not be interpreted as a waiver of any of the Company's rights under these
Terms and Conditions.
14.7 The updated version of Terms and Conditions
supersede all prior agreements between the parties in relation to its subject
matter and represent the entire agreement between the Company and the Player.
14.8. Unless otherwise expressly stated, nothing
in these Terms and Conditions shall create or confer any rights on any persons
not a party to these Terms and Conditions.
14.9. These Terms and Conditions shall be
governed by and construed in accordance with the laws of Cyprus. Any
disputes arising in connection with the Terms and Conditions shall be subject
to the exclusive jurisdiction of the Limassol District court.