Last Updated: 17/02/2023
These Terms and Conditions (“Terms”), together with any and all other documents referred to herein, set out the terms under which you may use this website, https://www.365games.net (“Site”), and services provided through the Site (collectively the “Service”).
PLEASE READ THESE TERMS CAREFULLY BEFORE CREATING A USER ACCOUNT WITH US AND USING OUR SERVICE AS THEY BECOME BINDING ON YOU UPON CREATION OF A USER ACCOUNT.
IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO ACCEPT THESE TERMS ON THAT ENTITY’S BEHALF, IN WHICH CASE “YOU” WILL MEAN THAT ENTITY. IF YOU DO NOT AGREE TO THESE TERMS OR IF YOU DO NOT HAVE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF A COMPANY, YOU MAY NOT ACCESS OR USE OUR SERVICE.
Definitions
The following terms shall have the following meanings unless otherwise is expressly provided or the context otherwise requires:
“Contest” means Luck Draws, Tournaments, Leaderboards (as specified under the relevant sections of our Site) and other additional activities offered through the Service for users, from time to time.
“Intellectual Property Rights” means patents, inventions, trade marks, service marks, logos, design rights (whether registerable or otherwise), applications for any of the foregoing, copyright, database rights, domain names, trade or business names, moral rights and other similar rights or obligations whether registrable or not in any country.
“In-Game Items” means items and objects, regardless of whether tangible or intangible, that you can purchase relating to Supported Games within our Service.
“In-Game Rules” means terms and conditions, including any codes of conduct or guidelines of Contests for participating in Contests.
“Subscription Model” means a type of User Account that you choose when you register for an account. Currently, we offer Free, Premium and Elite subscription models.
“Supported Games” means the games that are supported by our Service whose list is available on our Site and is updated from time to time.
“User Account” means an account created by a user of the Service in order to access the Service.
Access to our Service
In order to access our Service you have to create a User Account with us. When you set up a User Account you can choose your preferred Subscription Model. The features of each Subscription Model are expressly set out in the relevant section of our Site, and may be amended from time to time. You have the right to upgrade or downgrade your Subscription Model at any time.
After you have created a User Account, you must connect your game through your User Account settings by adding your respective game account, in order to start playing.
You can only have one User Account at a time. Creation of multiple User Accounts are not allowed on our Service. Violation of this provision may lead to the termination of all your User Accounts with us.
It is your responsibility to provide and maintain accurate, current, and complete information when setting up a User Account. You may not use false or misleading information in connection to your User Account, or use any information which damages the reputation of others. 365Games retains the right to change or remove any information that it considers inappropriate or unlawful, or otherwise likely to expose 365Games to claims of third parties.
It is your sole responsibility to maintain the security of your User Account, and you are fully responsible for any and all activities that occur under your User Account and any other actions taken in connection with your User Account.
Eligibility
You must be at least 21 years of age, or such other minimum legal age as is applicable in your country of residence to enter into a contract on your own behalf, to create a User Account.
If you are under 13, your access and use of our Service is prohibited regardless of your country of residence.
If you are between 13 and 21, you must review these Terms together with your parent or legal guardian. Parents and legal guardians are responsible for the acts of children under 21 years of age, or such other minimum legal age as is applicable in your country of residence to enter into a contract on your own behalf, when using our Service. We strongly recommend the parents and legal guardians to familiarize themselves with parental control mechanisms on devices they provide their children.
License to Use
365Games grants you a personal, limited, non-exclusive, non-commercial, and non-transferable license to access and use the Service only as expressly permitted under these Terms. Any violation by you of these Terms may give rise to immediate termination of your right to use our Service, as well as potential liability for copyright and other Intellectual Property Rights infringement depending on the circumstances. Any use of our Service other than as specifically authorized under these Terms, without our prior written permission is strictly prohibited and will terminate the license granted herein.
User Obligations & Usage Policy
You acknowledge and expressly agree that you are responsible for your own conduct while using our Service, and for any consequences thereof. You agree to use our Service only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations.
You acknowledge and expressly agree that you, you shall not, and shall not allow any third party to:
(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, and fraudulent content;
(ii) distribute software viruses, worms, Trojan horses, corrupted files, or any other malware or any other items of a destructive or deceptive nature;
(iii) upload, post, transmit or otherwise make available through the Service any content that infringes the Intellectual Proprietary Rights of others;
(iv) use the Service to violate the legal rights of others;
(v) engage in, promote, or encourage illegal activity, including, without limiting to, money laundering and illegal usage of earned awards and prizes, including those of monetary value.
(vi) interfere with other users' enjoyment of the Service;
(vii) exploit the Service for any unauthorized commercial purpose;
(viii) copy, alter, translate, modify, create derivative works from, reproduce, resell, reverse assemble, reverse engineer, reverse compile any portion of the Service;
(ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
(x) reformat or “frame” or “mirror” any portion of the Site or Service;
(xi) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site or Service or the content posted on thereof, or to collect information about its users for any unauthorized purpose; and
(xii) access or use the Service for the purpose of creating a product or service that is competitive with any of our products or services.
If you engage in any of the activities prohibited as set out herein, we may, at our sole and absolute discretion, without notice to you, and without limiting any of our other rights or remedies at law or in equity, immediately suspend your use of our Service.
By breaching these provisions you may be committing a criminal offense under the applicable laws. Any and all such breaches will be reported to the relevant law enforcement authorities, and we will cooperate fully with those authorities by disclosing your identity to them.
Accuracy of Financial Information
In order to withdraw your money prizes and awards into your bank account to any other third-party payment account (“Account Information”), you must provide us with your correct, complete and up-to-date Account information.
You shall acknowledge that the Account Information is not associated with any suspicious transactions that contradict the banking and financial norms and laws at the local, regional and global levels.
You shall undertake that the money prizes and awards shall never be used for illegal and illicit behavior, including without limiting to, money laundering, terrorist financing.
Incorporated Usage Behaviour & Users Practise to the Game Rule & Privacy Policy
Your access to our Service is also conditioned upon your acceptance of several other rules and policies. The following are incorporated to these Terms by this reference and make up an integral part of these Terms. We recommend that you read the following carefully and make sure you understand them before accepting these Terms.
Privacy Policy. Our Privacy Policy sets out our data collection and processing practices and principles. Your acceptance of the Terms is also conditioned upon your acceptance of our Privacy Policy.
In-Game Rules. In order to participate in Contests you must agree to the In-Game Rules that govern your participation. Failure to respect the In-Game Rules may terminate your participation in the relevant Contest and may render your achievements or awards, prizes null and void.
Links to Other Websites & Service Platforms
Our Service may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that 365Games shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly recommend that you read the terms and conditions and privacy policies, as well as cookie policies of any third-party websites or services that you visit.
Disclaimer of Warranties
You acknowledge that you are not required to use our Service and you participate in the Service at your sole discretion. As a result, you are solely responsible for visiting our Site and using our Service.
The Service is provided on an "as is" and “as available” basis, without warranty of any kind, either expressed or implied, including, without limitation, warranties that it is free of defects, merchantable, fit for a particular purpose or non-infringing. The entire risk as to the quality and performance of the Service is with you.
You also acknowledge that your computer or mobile device and the Internet may affect the performance and operation of the Service. We are not responsible for any malfunction or problem caused by your equipment, internet connection, or a third-party provider.
We reserve the right, in our sole discretion, to temporarily disable the Service and/or certain parts thereof for any reasons that we deem relevant. If our Service goes disabled, either in part or in whole, you shall not hold us accountable for your loss of profits or revenue, loss of reputation, or business interruptions.
Reliance on Third-Parties
In order to deliver our Service to you we rely on certain third-party service providers. We have no control on these service providers. Any system failure, technical error or any other negative event may affect the delivery of our Service to you. We shall not be liable or responsible for any negative events that hinder your enjoyment of our Service due to fault or negligence of our service providers.
Intellectual Property Rights
You expressly acknowledge and agree that any and all Intellectual Property Rights associated with our Service and its Content (including, but without limitation to all art, design, text, graphics, user interfaces, “look and feel”, photos, audio, video, complication of the content, code and data, computer code and all other forms of information or data) are the sole property of UNIVERSAL GAMES TECHNOLOGIES LLC, and its affiliates or are licensed for our use, unless otherwise is expressly set forth in these Terms.
The Content is protected by Intellectual Property Rights and other laws available in the United Arab Emirates and other countries. Elements of the Service are also protected by unfair competition, and other laws and may not be copied or imitated in whole or in part.
All customized graphics, icons, and other items that appear on the Service are trademarks, service marks or trade name ("Marks") of UNIVERSAL GAMES TECHNOLOGIES LLC, its affiliates or other entities that have granted us the right and license to use such Marks and may not be used or interfered with in any manner without our express written consent.
Except as otherwise expressly authorized by these Terms, or without our prior written permission, you are not allowed to reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner reuse the Content. Except as expressly provided herein, we do not grant to you any express or implied rights to our Intellectual Property Rights or that of any third party.
User Submissions
You may choose to submit comments, bug reports, ideas or other feedback about our Service, including without limitation about how to improve the Service (collectively, “Feedback”). By sending any Feedback, you agree that we are free to use and distribute such Feedback to third parties at our discretion and without any compensation to you, whether on a non-confidential basis or otherwise. You hereby grant us a perpetual, irrevocable, non-exclusive, worldwide license under all rights necessary for us to incorporate and use your Feedback for any purpose.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 365GAMES OR ANY OF ITS FOUNDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, EMPLOYEES, CONSULTANTS, LAWYERS, AND OTHER PERSONNEL AUTHORIZED TO ACT ON ITS BEHALF BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR: (A) ANY LOST REVENUE, DATA LOSS, LOSS OF ANTICIPATED PROFITS, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM: (I) YOUR USE OF, OR CONDUCT IN CONNECTION WITH THE SERVICE; (II) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; OR (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER HARMFUL AND DISRUPTIVE CODE THAT ARE FOUND IN THE SERVICE OR THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, REGARDLESS OF THE SOURCE OF ORIGINATION, OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF USD 100.00.
THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify and hold us and any of our founders, officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of our Service, (ii) your violation of these Terms, or (iii) your violation of applicable laws or regulations.
We retain the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Governing Law & Jurisdiction
These Terms and any other incorporated rules and policies, and the relationship between you and us, whether contractual or otherwise, shall be governed by, and construed in accordance with the laws of the Emirate of Sharjah and the federal laws of the United Arab Emirates as applicable therein, without regard to its conflict of law provisions.
In the event of any controversy, dispute or claim (collectively “dispute”) between you and us arising out of or in connection with your use of the Service, the parties shall attempt, in good faith, to resolve any such dispute among themselves in an amicable fashion. If the parties are not able to resolve any such dispute within 15 days, then either party may submit such dispute to mediation. If the dispute cannot be resolved through mediation within a month of the submission to mediation, then the parties shall be free to initiate legal proceedings and pursue any right or remedy available to them in which case the competent courts of the Emirate of Sharjah will have the jurisdiction to hear the cases.
Miscellaneous
Severance. The provisions of these Terms are independent of one another. In case any provision of the Terms is found by a competent court or authority to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby and such provision shall be ineffective only to the extent of such invalidity, illegality or unenforceability.
Changes. We may change these Terms from time to time, at our sole discretion. You are recommended to review our Terms regularly to keep informed about any changes in our Terms.
Entire Agreement. These Terms, including any rules or policies incorporated by reference into them, are the whole agreement between you and us concerning the Service.
Security of Your Device. We exercise all reasonable skill and care to ensure that our Service is secure and free from viruses and other malware. Please note, it is your responsibility to protect your hardware, software, data, and other material from viruses, malware, and other Internet security risks.
Account Deletion. In order to delete your User Account with us, you should contact us through the means provided in these Terms and request the deletion of your User Account.
Assignment. We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms at any time.
Language. These Terms may be available in multiple languages. For the avoidance of doubt the English-language version shall take precedence over others in the event of any discrepancy.
Service Inquiries & Contacts
365Games is owned and operated by UNIVERSAL GAMES TECHNOLOGIES, a limited liability company (LLC) registered and existing under the laws of the United Arab Emirates, with its registered address located at G2 Office, Al Nud, Sharjah, UAE.
In order to contact us with regard to anything concerning these Terms, including any concerns or disputes, please use the following details:
Email address: ___________________
Telephone number: __________________
Postal Address: _________________