Introduction
These Terms and Conditions and End User License Agreement (this âAgreementâ) govern your use of the Virtual Casino application known as âHappy Casinoâ (the âVirtual Casinoâ) and all the games offered therein (collectively, the âGamesâ). Please read these Terms and Conditions carefully before using the Virtual Casino. By using the Virtual Casino, you signify your assent to these Terms and Conditions as between you and Design Works Studios, LLC dba Happy Casino (âHappy Casinoâ).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS INCLUDING OUR PRIVACY POLICY AND CODE OF ONLINE CONDUCT DO NOT USE THE VIRTUAL CASINO.
All content contained on the Virtual Casino is copyright Š 2021 Design Works Studios, LLC dba Happy Casino located at 7150 E. Camelback Road, Suite 500, Scottsdale, Arizona. The Virtual Casino, Games and the underlying software and hardware platforms are hosted in secure data centers in Scottsdale, Arizona and/or other locations throughout the United States.
Except for certain technology, data and information licensed by Happy Casino, Happy Casino is the owner of all rights in the Virtual Casino and the Games, including all copyright, trademark, service mark trade secrets, patent or any other intellectual property rights attached to or included in the Virtual Casino and the Games (collectively the âIntellectual Propertyâ) and each and every component thereof. Nothing in this Agreement shall be deemed as a grant of any such rights to you. You may not and nothing contained herein or in the Virtual Casino shall be deemed to grant you permission or license to, within the limits prescribed by applicable laws: (A) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Virtual Casino or Games; (B) make any attempt to access the source code of the Virtual Casino to create derivate works of the Virtual Casino or Games; (C) seek to sell, assign, sublicense, transfer, distribute or lease the Virtual Casino or Games to anyone; (D) make the Virtual Casino or Games available to any third party through a computer network or otherwise; (E) export the Virtual Casino or Games to any country (whether by physical or electronic means); or (F) use the Virtual Casino or Games in a manner prohibited by applicable laws or regulations, (each of the above is an âUnauthorized Useâ). You further agree and acknowledge that you are and shall be liable for any and all causes of action, losses, claims, fines, damage, costs or expenses incurred by Happy Casino or any other party arising out of or in connection with the commission by You of any Unauthorized Use.
You may not use the Virtual Casino or Games to perform any activity which: (A) violates applicable laws or may be regarded as unlawful, obscene, harassing, threatening, objectionable or a violation of privacy; (B) infringes upon any personâs third-party rights; (C) violates this Agreement; (D) forms part of an advertisement campaign, promotion, or to solicit purchases or sales of products or services.
End user participants engaged in playing the Games available on the Virtual Casino are playing for Virtual Coins only and cannot win real money in any manner whatsoever. The Virtual Casino is not enabled for internet gaming nor does the Virtual Casino offer real money internet gaming in any form or format whatsoever.
To avoid minors playing on the Virtual Casino, we reserve the right to carry out verification checks to verify the information provided by you. We may undertake a search independently or with a third party for the purpose of verifying that you are 18 years or over and are eligible to play Games. Where these checks are unable to verify that you are 18 years of age or over, we reserve the right to ask you for proof of age, satisfactory to Happy Casino in its sole discretion. If we are unable to confirm that you are aged 18 or over within seventy-two (72) hours (or such other period as may from time to time be specified) we may suspend your account until satisfactory proof of your age is provided.
After a Game begins, it will continue until:
⢠You win;
⢠You lose;
⢠You resign; or
⢠Your connection is terminated for any reason, or the Game window is closed.
In the unlikely event a Game in progress is cancelled due to technical issues, players will be automatically refunded their Virtual Coin buy-ins, regardless of the playersâ standing when the Game was stopped. Any intentional disconnections or attempted disconnections from the Virtual Casino lobby or virtual Game table may result in forfeiture or deductions of Virtual Coin winnings, or expulsion from the site.
We reserve the right to render final decisions on all matters concerning Game terminations or stoppages or other Game determination issues, at our sole discretion. Refunds may be communicated via electronic mail or via the Site.
We reserve the right, in our sole and absolute discretion and without liability, to cancel or suspend a Game should a virus, bug, worm, communication or server failure occur or for any other reason we deem necessary.
(A) You are not required and are under no obligation or compulsion to participate in the Virtual Casino or the Games;
(B) Participation in the Games is at Your sole option, discretion, and risk;
(C) You fully understand, agree to, become a party to and shall abide by all rules, regulations, and the Terms and Conditions contained herein; as such rules, regulations, and Terms and Conditions may change from time-to-time;
(D) You have the full, complete, and unrestricted legal right to participate in the Games and Your participation in the Games is not prohibited in Your jurisdiction or by any other local rule, regulation or law;
(E) You are at least 18 years of age;
(F) You are an âadultâ (as that term is legally defined within the jurisdiction in which You are playing from) or the age necessary to participate in the Games, if the jurisdiction within which You are playing from requires You to be over a certain age;
(G) You only have one account, username and password with Happy Casino and understand that Your account may be closed if You are deemed to be operating more than one account or username;
(H) You will not allow any other person or third party including, without limitation, any minor, to access the Virtual Casino, participate in the Games; use or reuse Your account; access and/or use any materials or information from the Virtual Casino;
(I) You understand and acknowledge that the terms âHappy Casinoâ and âDesign Works Studiosâ are the Intellectual Property of Design Works Studios, LLC and are trademarks or service marks (the âMarksâ) owned by Design Works Studios, LLC and You obtain no rights to such Intellectual Property or the Marks using the Virtual Casino and the material contained therein;
(J) Your interest in the Game and the Virtual Casino is personal, and not professional;
(K) You are playing the Games entirely at Your own risk;
(L) You shall not participate in the Games; open, use or reuse an account; access the Virtual Casino, or enter the Virtual Casino, if You do not fully understand, agree to, become a party to, and shall abide by, without exception, all rules, regulations, Terms and Conditions contained herein, and as may change or be amended from time to time;
(M) You understand and acknowledge that You may receive mailings, text messages and/or emails including news and information relating to Happy Casino, the Games and/or our Rewards Partners, partners, affiliates, and vendors, from time to time. You can unsubscribe from future mailings at any time in accordance with the Privacy Policy;
(N) We make no representations or warranties, implicit or explicit, as to the legal right for You to participate in the Games nor shall any of our employees, licensees, distributors, wholesalers, affiliates, subsidiaries, advertising, promotional (or other agencies), media partners, agents or retailers have the authority to make any such representations or warranties;
(O) You will not use the Virtual Casino in any manner that could disable, overburden, damage, or impair the Virtual Casino or interfere with the operation of or any other partyâs use of the Virtual Casino, including their ability to engage in real time activities through the Virtual Casino;
(P) You will not use any robot, spider or other automatic device, process or means to access the Virtual Casino for any purpose, including monitoring or copying any of the material on the Virtual Casino;
(Q) You will not use any manual process to monitor or copy any of the material on the Virtual Casino or for any other unauthorized purpose without our prior written consent;
(R) You will not use any device, Virtual Casino, or routine that interferes with the proper working of the Virtual Casino;
(S) You will not introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
(T) You will not attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Virtual Casino, the server on which the Virtual Casino is stored, or any server, computer or database connected to the Virtual Casino;
(U) You acknowledge that any methods of communication between You and others in the Virtual Casino or Games are provided solely to enhance Your experience. You acknowledge our Code of Online Conduct and will not post any illegal, obscene, racist, sexist, defamatory, inflammatory, or otherwise objectionable words, phrases, images, pictures, or text that others reasonably find obscene, racist, sexist, defamatory or inflammatory. You will indemnify, defend, and hold Happy Casino, Design Works Studios, as well as their respective employees, officers, directors, affiliates, contractors, assigns, successors, parents, affiliates, and subsidiaries harmless for, from and against any claim, cause of action, loss, damage, cost, or expense of whatsoever nature or howsoever arising therefrom including, but not limited to, loss of business, profit, extraordinary or punitive damages, any fines or penalties;
(V) You acknowledge that we, without liability or responsibility, may in our absolute and sole discretion: (i) decline to accept the registration of any person, including You, to the Virtual Casino; (ii) restrict, discontinue, suspend or terminate Your access to the Virtual Casino or play on the Virtual Casino for any reason whatsoever or for no reason; (iii) may cancel or unwind all Virtual Credit promotional awards and confiscate any Virtual Credit winnings derived from tournament entries or wagers associated with any account the access to which has been restricted, discontinued, suspended, or terminated and You acknowledge such Virtual Credit winnings as forfeited; (iv) terminate Your Account and Your access to any Games; and (v) actively scan the Virtual Casino or Games to ensure that no players including You are using any type of âbotâ or additional software in order to give themselves an unfair strategic advantage while playing a Game. While we cannot prevent players from initially using such aids, we do reserve the right to retrospectively cancel or unwind all Virtual Credit, Sweepstakes, or other Virtual Credit awards and terminate any account and confiscate any Virtual Credit winnings derived from tournament entries, Sweepstakes Entries, or wagers where we have detected, on review of any customerâs including Your gameplay, that such aids have been used. Our decisions, without liability or responsibility, shall be deemed final and non-appealable on all accounts and with respect to all actions by us described herein.
If we become aware or suspect that a transaction is suspicious and involves or may involve financial crime or similar activity, we reserve the right to retain the amount of that transaction and any other transaction made by You. We shall be under no obligation to provide You with any reasons for so doing and we reserve the right to report such activity or suspicions to the police or relevant authorities.
This disclaimer of liabilities includes, but is not limited to, the disclaimer of losses, chances, opportunities, and damages (including loss of profit), special, consequential or otherwise arising, in whole or in part from: (A) technical, hardware, software, telephone failures of any kind; (B) lost or unavailable network connections; (C) incomplete, garbled, or delayed computer transmissions; (D) any technical or human error which may occur in the processing of submissions which may limit Your ability to participate in the Virtual Casino, whether caused by us, by You or by any of the equipment or programming associated with or utilized in the provision of the Games and the Virtual Casino; and/or (E) computer malfunctions or attempts by You to participate in the Games by methods, means or ways not intended by us.
We do not warrant or make any representations regarding the use or the result of the use of the Virtual Casino or materials in the Virtual Casino in terms of correctness, accuracy, reliability or otherwise. We are not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected or postage due on mail. We may collect information about Your computer including, where available, Your IP address, operating system, and browser type. This is statistical data and does not identify any individual.
(A) You will have the opportunity to accumulate âLoyalty Pointsâ through Your use of the Virtual Casino. Loyalty Points are virtual in-Game points that You may be able to use to âpurchaseâ virtual items (âVirtual Itemsâ) or items, services, or experiences (each a âRewardâ) from our third-party rewards partners (âRewards Partnersâ) within the Virtual Casino. As with all Virtual Credits, You do not in fact own the Loyalty Points You accumulate and the amounts of any Loyalty Points You accumulate do not refer to any credit balance of real currency or its equivalent. Rather, by âearningâ, âbuyingâ, or âpurchasingâ Loyalty Points, You are merely granted a limited license to use the software programs that manifest themselves as the Loyalty Points. In the event Happy Casino encounters issues with the Game that impact the accumulation of Loyalty Points and/or the redemption of Rewards, Happy Casino reserves the right to correct any such errors.
(B) You may accumulate Loyalty Points by taking certain actions while using the Virtual Casino. For example, You may earn Loyalty Points by posting Your in-Game achievements to Your Facebook account, âlikingâ certain aspects of the Virtual Casino, playing the Games for a specified duration, or participating in certain in-Game offers. The foregoing list is solely for purposes of example and explanation and is not meant to be exclusive or exhaustive. LOYALTY POINTS ARE NOT AND WILL NOT BE AWARDED OR EARNED IN ANY WAY RELATED TO OR BASED UPON THE OUTCOME OF ANY GAME YOU PLAY DURING YOUR USE OF THE VIRTUAL CASINO.
(C) You may exchange Your accumulated Loyalty Points for in-Game Virtual Credits in the Virtual Casino. You may also exchange Your Loyalty Points for Rewards in the âRewardsâ area of the Virtual Casino. The first time You exchange Your Loyalty Points for Rewards, You will be asked to provide Your name and email address. The name You provide must match the name that appears on a government-issued identification belonging to the person who has accumulated the Loyalty Points through his/her use of the Virtual Casino. The identification will be used by our Rewards Partners to verify Your eligibility.
(D) Once You have exchanged Loyalty Points for a Reward, You are said to have âpurchasedâ that Reward. After purchasing Your Reward, You will have a limited period of time in which complete a âredemption processâ by following a defined âredemption method.â Redeeming a Reward that has been purchased in the Virtual Casino secures that Reward for Your specific use at a particular time. When the redemption process is complete, You may then âuseâ the Reward. A Reward is considered âusedâ at the moment when it is consumed, e.g., when You check into a hotel room, eat a meal, or attend a show.
(E) Rewards Partners may, at their discretion, place restrictions on the usage of the Rewards they offer (e.g., a minimum age requirement, Reward usage black-out dates, a limit as to the number and frequency of Rewards that may be used within a specified period of time, and the requirement to participate in the partnerâs own loyalty program, which may exist independently of the Virtual Casino). Rewards Partners may impose a deadline to redeem a Reward (the âRedemption Periodâ). Redemption of Rewards are subject to the terms and provisions of the Rewards Partner, including limitations on redeeming Rewards if You self-limit or self-exclude with the Reward Partner or any regulatory agency, including any gaming regulatory agencies. Some Rewards are of such limited availability that our Rewards Partners may, in their sole discretion, deem them to be non-refundable.
(F) The Redemption Period, redemption method, and other terms of Rewards usage may vary from Rewards Partner to Rewards Partner. You must review the specific Terms and Conditions of each Reward You purchase with Your Loyalty Points. Happy Casino is not responsible for the Terms and Conditions of the Rewards and bears no responsibility to You for any such unread, misread or misunderstood terms. The selection and availability of Rewards is subject to change without notice and Happy Casino makes no guarantees as to the availability of any Reward. For complete details and the terms, conditions, and restrictions for any individual Reward, please refer to the Rewards detail found within the Rewards catalog within the Virtual Casino.
(G) Once You have redeemed a Reward, You may no longer cancel that Reward and You will not receive a refund of Your Loyalty Points. On rare occasions, a Reward will âsell outâ or otherwise become unavailable between the time You purchase it and the time You redeem it. If You are, within the Redemption Period, unable to redeem a purchased Reward because of such unavailability, You will be eligible to receive a full refund of the Loyalty Points used to purchase that Reward. If You do not redeem or cancel a Reward during that Rewardâs Redemption Period, the Reward will expire. Your Loyalty Points will not be refunded to You if You allow a purchased Reward to expire. You are solely responsible for reading and understanding the Redemption Period and other Terms and Conditions of each Reward You purchase.
(H) You must be 21 years of age or older at time of redemption of Rewards offered by certain Rewards Partners. The Rewards that include an age requirement will be identified as such in the Rewards catalog in the Virtual Casino.
(I) Certain Rewards Partners may require You to enroll in separate rewards programs as a condition of redeeming certain Rewards. If You choose to participate in such programs, You hereby agree to comply with all applicable Reward Partner rules, policies, and Terms and Conditions. Once You have redeemed a Reward with any such Rewards Partner, Your ability to change that Reward may be at the sole discretion of that Rewards Partner. Any such changes will not result in a change to Your Loyalty Points balance.
(J) Rewards Partners may, in their sole discretion, change, amend, suspend, cancel, or terminate any Reward program they offer or any aspects and/or Terms and Conditions thereof, in whole or in part, at any time, with or without notice and for any or no reason. Any such changes may affect Your ability to use the Loyalty Points that You have accumulated through Your use of the Virtual Casino to purchase or redeem Rewards from such Rewards Partners. You hereby agree that Happy Casino and Design Works Studios, LLC shall have no liability to You as a result of such action any Rewards Partner.
(K) Rewards have no cash value and are non-transferable. You may not sell, trade, barter, bequeath or in any way assign or transfer any Reward to any other party. Any attempt to do so will invalidate the Reward and may result in the termination of Your Account.
(A) Unless otherwise stated in a Sweepstakes Official Rules, the following rules and principles shall apply.
(i) Sweepstakes are open to legal residents of the United States.
(ii) To enter a Sweepstakes, You must be 21 years of age or older.
(iii) Sweepstakes are void where prohibited.
(iv) Sweepstakes must be entered in a specific time frame. The beginning and end of the contest will be stated for each individual Sweepstakes.
(v) Unless otherwise specified for a particular Sweepstakes, all Sweepstakes winners will be chosen by random chance drawing.
(B) The âSponsorâ is the individual or entity offering the Sweepstakes on the Sweepstakes Landing Page.
(C) Participation in a Sweepstakes constitutes Your unconditional agreement to and acceptance of the Official Rules and the decisions of the Sponsor(s), which are final and binding. Winning a prize is contingent upon being compliant with the Official Rules and fulfilling all requirements set forth herein and in the rules for a particular Sweepstakes.
(D) In connection with the submittal of each entry (âEntryâ) in the Sweepstakes, You (the âEntrantâ) will represent and warrant to Sponsors that: (i) You have the full power and authority to deliver an Entry in compliance with the Official Rules; (ii) the Official Rules are a legally valid and binding obligation; (iii) You are the rightful owner of any and all information You submit with an Entry; and (iv) the Entry submitted by You does not contain any known Trojan horses, viruses, worms, âlock-upâ codes, protecting codes or other internal devices or mechanisms which are intended to halt, disrupt, restrict or grant improper access to the Virtual Casino, Sponsorsâ systems, or disrupt the Entries of others.
(E) In the event that the operation, security, or administration of a Sweepstakes is impaired in any way for any reason including, but not limited to fraud, virus, bug, worm, unauthorized human intervention or other technical problem, or in the event the Sweepstakes is unable to run as planned for any other reason, as determined by Sponsors in their sole and absolute discretion, the Sponsors may, in their sole discretion, either (i) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (ii) terminate the Sweepstakes and, in the event of termination, award the prize at random from among the eligible, non-suspect Entries received in such Sweepstakes up to the time of the impairment. The Sponsors reserve the right in their sole discretion to disqualify any Entrant they find to be tampering with the entry process or the operation of a Sweepstakes or to be acting in violation of the Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to damage the Virtual Casino or undermine the legitimate operation of a Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsors reserve the right to seek damages (including attorneysâ fees) and any other remedies at law and in equity from any such person to the fullest extent permitted by law. Failure by Sponsors to enforce any provision of the Official Rules shall not constitute a waiver of that provision.
(F) By participating in a Sweepstakes, Entrant agrees to release and hold harmless each Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotional agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (collectively, the âReleased Partiesâ) for, from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prizes (including any travel or activity related thereto), including, but not limited to: (i) any technical errors associated with the Sweepstakes, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (ii) unauthorized human intervention in the Sweepstakes; (iii) mechanical, network, electronic, computer, human, printing or typographical errors; (iv) application downloads; (v) any other errors or problems in connection with the Sweepstakes, including, without limitation, errors that may occur in the administration of the Sweepstakes, the announcement of the winner, the cancellation or postponement of the event, if applicable, the incorrect downloading of the application, the processing of Entries, application downloads or in any Sweepstakes related materials; (vi) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrantâs participation in the Sweepstakes or acceptance, receipt or misuse of the Prizes (including any travel or activity related thereto); or (vii) force majeure or acts beyond the reasonable control of Sponsors, including but not limited to acts of terrorism, earthquakes, acts of God, war, weather, labor shortages or disputes, embargo, riot, acts or omissions of vendors or suppliers, governmental act, or other acts beyond the reasonable control of Sponsors. Entrant further agrees that in any cause of action, the Released Parties liability will be limited to Entrantâs actual cost of entering and participating in the Sweepstakes, and in no event shall the Entrant be entitled to receive attorneysâ fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
(A) You may be awarded Virtual Credits, merchandise, Rewards, products, and/or services in connection with promotions (âPromotionsâ) that we offer including but not limited to opening an account online, purchasing Virtual Credits, sharing information from the Virtual Casino on Your social media accounts, and participating in Sweepstakes. We reserve the right to remove Virtual Credits from Your account if we, at our sole discretion, deem You have attempted to abuse a Promotion or have otherwise violated these Terms and Conditions. To participate in any Promotion, You must agree to abide by these Terms and Conditions as well as specific Terms and Conditions relating to the Promotion set out under a separate Promotions section of the Virtual Casino or elsewhere. To the extent that the terms and conditions of a Promotion conflict with these Terms and Conditions, the terms and conditions of the Promotion will prevail. We reserve the sole, unfettered right to exclude or otherwise remove You from participation in the Promotion if, in our sole opinion, the circumstances warrant such exclusion.
(B) Each Promotion is available only once per customer. The identity of a Promotion participant will be determined on the basis of all, or any, combination of the following: name, mailing address, e-mail address, IP address, credit/charge card number, computer, and any other forms of identification which may be required. If You are found to have multiple accounts, it will result in all Your accounts being closed and any Virtual Credits being forfeited. We may also pursue other legal remedies if we believe that you have violated these Terms and Conditions, the Promotion terms and conditions, or the law.
(C) We reserve the right to vary the terms of, or terminate, the Promotion and/or to withdraw any other offers described in these Terms and Conditions at any time and without notice and shall not be held liable for doing so.
(D) We reserve the right to ask You to provide sufficient documentation to satisfy us in our absolute discretion as to Your identity prior to us awarding you any Virtual Credits, merchandise, or Rewards in connection with a Promotion.
(A) If You and we do not reach an agreed upon solution to any dispute arising under this Agreement or Your use of the Virtual Casino within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding subsection above, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the partiesâ relationship with each other and/or Your use of the Virtual Casino shall be finally settled by binding arbitration administered by the American Arbitration Association (the âAAAâ) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the AAA, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitratorâs award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision. The AAAâs rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. The arbitration rules and/or these terms of service permit You or us to recover attorneyâs fees in certain cases. The parties understand that, absent this mandatory provision, they would have the right to sue in court. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(B) Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
(C) 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding paragraphs by sending written notice of Your decision to opt-out to the following address: Design Works Studios, LLC, 7150 E. Camelback Road, Suite 500, Scottsdale, Arizona 85251 Attn: Legal Department. The notice must be sent within thirty (30) days of creation of an account, otherwise You shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If You opt-out of these arbitration provisions, we also will not be bound by them.
(D) Exception-Small Claims Court Claims. Notwithstanding the partiesâ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that courtâs jurisdiction.
(E) Exception-Injunctive Relief. You acknowledge and agree that any violation or breach of the Terms and Conditions may cause Happy Casino immediate and irreparable harm and damages; consequently, notwithstanding any other provision of the Terms and Conditions or other applicable legal requirements, Happy Casino has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of the Terms and Conditions. In addition to any and all other remedies available to Happy Casino in law or in equity, Happy Casino may seek specific performance of any term in the Terms and Conditions, including but not limited to by preliminary or permanent injunction. You agree that the state and federal courts located in Maricopa County, Arizona shall have exclusive jurisdiction of any request by Happy Casino for injunctive relief, and You irrevocably agree to submit to the jurisdiction of such courts for such purpose.
(F) The prevailing party in any suit or arbitration shall be entitled to an award of its reasonable attorneysâ fees and costs, in addition to, and not in limitation of, other available remedies. All forum fees and expenses in any arbitration, including, without limitation, the arbitratorsâ fees, shall be advanced equally by the parties; provided, however, that the failure of a party to timely pay its portion of any arbitration fees shall entitle the other party to a default award (if the non-paying party is the respondent) or dismissal with prejudice (if the non-paying party is the claimant).
(G) One Year Time Limit. You agree to commence any arbitration proceeding (or court action if applicable) with respect to this Agreement within one year after the claim arises. You agree that a proceeding commenced after this date is barred.
Virtual Credit based transactions are only valid if accepted by the applicable server. Until acceptance of the transaction by our server all information displayed relating to a Game constitutes an invitation to play only. You agree that our records shall be the final authority in determining the validity and terms of any transactions and the circumstances in which they were made. We reserve the right, at our sole discretion, to refuse or limit any transaction. Where a transaction is invalid, refused or its value limited, any Virtual Credit based sum deducted from Your Account with respect to that Game may be credited to Your account.
You may not sublicense, trade, sell, transfer, or attempt to do the same, Virtual Credits for real money, or exchange Virtual Credits for value of any kind outside of a Game, without Happy Casinoâ written permission, which may be withheld in Happy Casinoâs discretion. Any such transfer or attempted transfer is prohibited and void and will subject Your Account to termination. You acknowledge and agree: (a) that Happy Casino may change the price of Virtual Credits at any time, without notice, for any reason or for no reason; (b) that the amount of virtual points necessary to obtain certain Virtual Credits may fluctuate; and (c) that Happy Casino has no liability to You for any changes in the price of such Virtual Credits and/or the amount of virtual points necessary to obtain Virtual Credits or Rewards. Happy Casino reserves the right, without prior notification, to limit the quantity of the Virtual Credits You can purchase and/or to refuse to allow You to purchase such Virtual Credits.
Happy Casino
Attn: Customer Service
7150 E. Camelback Road, Suite 500
Scottsdale, Arizona 85251