Terms and Conditions of Service

Last Updated December 21, 2023

IMPORTANT: These Terms contain a mandatory arbitration clause and class action waiver, which you must agree to as part of playing our games and using our Services. You have the right to opt out of these provisions in accordance with Section 7 below. 

1. 1. Agreement

We are Unfettered Games, LLC, a Wyoming limited liability company (“we” or “us.”). These Terms of Services (the “Terms”) are a legal agreement between you, the player (or user), and us. These terms govern our relationship with respect to your use of our games, products, services and websites accessed through internet-capable platforms (“Service” or “Services”).

2. 2. Account Eligibility Restrictions.

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   1. 2.1. In order to use or access the Services, you must be at least 18 years of age and be located in the United States (excluding its territories) while participating in the Games. In addition, you are not eligible to play in a Game for cash or other valuable prizes if you are located in Arizona, Louisiana, or South Carolina while playing the Games. Those who choose to access our website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with our Services is void where prohibited.

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   3. 2.2. In addition to the restrictions above, our employees, officers, directors, subsidiaries, affiliates, and any other person who has access to non-public information regarding the operation of any game are ineligible to participate in any of our Games, (except for testing purposes), and receive any prize offered.

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   5. 2.3. To access the Services or use certain features of the Services, you will be required to provide personal information as part of the registration or login process and to create an Account, such as your name, age, address, telephone number, and email address. Your Account is not transferable to any other person. You may only have one account. Creating more than one account without express written permission from us may result in termination of your account, forfeiture of any prize money, and possible legal action.

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      1. 2.3.1. You represent and warrant that any Account setup information you provide to us is true, accurate, legal, valid and complete, and further represent and warrant that you will promptly provide updated information to us if any of this information changes. If you submit any incomplete or inaccurate information, or fail to update and maintain current, complete and accurate information, it may result in the immediate termination of your Account and forfeiture of any prizes.

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      3. 2.3.2. When you register an Account, you represent and warrant that you have the legal capacity to agree to these Terms.

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      5. 2.3.3. We urge you to keep your password confidential and refrain from sharing it with others. If you find any unauthorized use of your password or identification, you shall notify us immediately. Subject to these Terms, you are responsible for all activities that occur under your Account with or without your knowledge. We are entitled to assume that offers and payments made through your Account are made by you. You undertake to protect your password in the same way that you would protect your password or other access details to your online banking system and any failure to do so shall be at your sole risk and expense. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account.

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      7. 2.3.4. You are the sole beneficiary of all benefits arising from your Account. Prizes cannot be transferred to another person or other Account.

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      9. 2.3.5. We retain the right to examine and confirm the identity of Account holders. When deemed necessary, we will request documentation proving an Account holder’s identity and residency.

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      11. 2.3.6. The use of any form of automated responses or programs (i.e. bots) to interact with our Services is strictly prohibited. Any such use will result in a termination of your account, forfeiture of any prize money, and potential civil and criminal penalties under applicable law.

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4. 3. License.

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   1. 3.1. Grant. Subject to your compliance with these Terms, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to use and access the Services for the sole purpose of participating in the games in accordance with the published rules for the game.

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   3. 3.2. Limits on use. If you use our Services, you must use them in a responsible manner. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any of your acts or omissions, including any damages of any kind that you cause and you agree to indemnify use for any such damages or liability in accordance with section 8 below.

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      1. 3.2.1. You may not use our Services in a way that infringes, misappropriates or violates any person’s rights or in a way that violates any law, rule, or regulation.

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      3. 3.2.2. You may not reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of our services (except to the extent such restrictions are contrary to applicable law). You may not interfere with or disrupt any of the Services or any server or network used to support or provide the Services, including any hacking or cracking into the Services. You may not use exploits, cheats, undocumented features, design errors or problems in any Services. You may not engage in any other activity that disturbs the peaceful, fair and respectful gaming environment of any Services.

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      5. 3.2.3. You may not buy, sell, or transfer API keys without our prior consent. You may not send us any personal information of children under 13 or the applicable age of digital consent, or post any such information on any of our websites or Games. If we believe that you have violated or attempted to violate any of these conditions or the spirit of these terms, your ability to use and access our Services may be temporarily or permanently revoked, with or without notice.

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   5. 3.3. The collection and use of your information is subject to our Privacy Policy. You agree that we may use your information, game history and other data related to your use of the Service as provided in our Privacy Policy.

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   7. 3.4. All content and materials comprising the Services, including without limitation, software, computer code, HTML, APIs, design, artwork, graphics, video, animations, sounds, musical compositions, audio-visual effects, games, titles, themes, objects, icons, virtual items, characters, stories, dialogue, catch phrases, concepts, formats, effects, methods of operation and documentation, and the selection and arrangement of that content, as well as trademarks, service marks, trade dress and logos contained therein are owned by Unfettered Games LLC or its licensors. All other trademarks, service marks, trade names and logos used on the Services, with or without attribution, are the property of their respective owners. You will not obtain any ownership interest in any of that content or any of those marks. Except as expressly authorized by these Terms, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the content in any form or by any means, without the prior written authorization of Unfettered Games LLC, which may be granted at its sole discretion.

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   9. 3.5. Feedback. We appreciate feedback, comments, ideas, proposals and suggestions for improvements. If you provide any of these things to us, we may use it freely, without restriction or compensation to you.

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   11. 3.6. Rules. Each game offered through our Services is subject to its own set of rules, which are available on the access page for that game. The specific game rules are considered integrated into these Terms, as if fully restated here. The rules are expressly subject to these Terms and the Privacy Policy, including without limitation, the dispute resolution, mandatory arbitration, and class action waiver provisions.

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   13. 3.7. Violations. If you violate any of these Terms or the applicable game rules (as determined in our sole absolute discretion), we may take action against your Account, including suspension, closure, and pursuit of any and all civil remedies, including damages and injunctive relief. We may also refer you to the appropriate law enforcement authorities for investigation.

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6. 4. User-generated content

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8. 1. 4.1. User generated content (“UGC”) is defined as any content, material, data and information that you create, upload to, or transmit through the Service, or that is extracted from your player profile, including, without limitation, text, images, stories, photos, sound, music, drawings, sketches and game questions.

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   3. 4.2. By posting any UGC on, through or in connection with the Services, you hereby grant to us a perpetual, irrevocable, non-exclusive, fully-paid and royalty-free, sublicensable, transferable, worldwide license to use, modify, excerpt, adapt, store, translate, sub-license, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such UGC, in whole or in part, on, through or in connection with the Services or in connection with any commercialization, distribution, or syndication thereof on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, research, trade or commercial purposes. Our use of such UGC shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. We may remove any UGC at our sole discretion at any time. UGC is not confidential and will not be returned to you.

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   5. 4.3. If UGC that you create and publish reproduces your name, likeness, and/or voice (collectively, your “Image”), you acknowledge and agree that we have the right to use your Image as part of the Services pursuant to the broad license stated above. If the UGC you publish on the Service features the Image of any person other than yourself, you represent and warrant that you have received permission from the relevant person for the use of his/her Image by us in accordance with these Terms, and you indemnify us for any losses which it may incur pursuant to the Indemnification provision of these Terms.

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   7. 4.4. We reserve the right (but do not have the obligation) to remove and permanently delete any UGC from the Service with or without notice for any reason.

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   9. 4.5. You represent and warrant that: (a) you own any UGC that you share in connection with the Services, or otherwise have the right to grant the license set forth in this Section, and (b) your UGC does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any person or entity.

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   11. 4.6. You agree not to share, post, or otherwise disseminate any UGC that is, in Our sole discretion, inappropriate, abusive, threatening, sexually explicit, harassing, racist, derogatory, defamatory, infringing, privacy-invasive, or unlawful.

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   13. 4.7. If any UGC violates these terms, you may request that we review it by submitting the content for review via email to [email address]. We do not pre-screen UGC, nor do we control, verify or pay for any UGC. We do not endorse and cannot ensure prompt removal of any UGC posted by you or any other users of the Services. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section. We reserve the right to:

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       1. 4.7.1. edit, refuse to post, or remove any UGC for any or no reason in our sole discretion;

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       3. 4.7.2. take any action with respect to any UGC that we deem necessary or appropriate in our sole discretion, including if we believe that such UGC violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for us;

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       5. 4.7.3. disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and

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       7. 4.7.4. take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

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   15. 4.8. DMCA Requests. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement is: 

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       Unfettered Games LLC

   17. 30 N Gould Street, Suite R

   18. Sheridan, WY 82801

9. 5. Live streaming. 

10. Live streaming without our prior written consent is prohibited.

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12. 6. Making Payments.

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    2. 6.1. Payment Method. Players may be required to pay entry fees for a cash game in accordance with the specific terms and conditions of that game. You may do this by authorizing a payment method, representing that you are authorized to use the payment method that you provided and any payment information you provide shall be true and accurate. You allow us to share your personal and payment information in confidence with third party service providers in order to validate your identity and assess the transaction risk associated with accepting your selected method of payment, as well as any other purpose as detailed in our Privacy Policy.

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    4. 6.2. Purchases. Players may use account balances to pay entrance fees, make in-game purchases, or to purchase in-game tokens for use within the particular game. Sales taxes may apply to purchases based on your jurisdiction. We may change the price of Services at any time, without affecting your past purchases. Once purchased, no refunds are given for entry fees or tokens under any circumstances, except where required by law.

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    6. 6.3. Winnings. Once a winner or winners are determined in accordance with the rules of the game, the winner or winners are entitled to receive a prize (“Winnings”). Winnings are paid out to a player as designated by the player in their Payments settings. To receive Winnings, you may be required to provide us with proof evidencing that you are, or were at the time of your participation, eligible to participate in the subject competition in accordance with these Terms and that you did participate in accordance with these Terms. If you fail to provide us with such proof to our reasonable satisfaction, you will not receive the relevant Winnings. We may reverse or require return of any payment in error which has been received by you and you shall cooperate with us in this regard. We may also reduce payment to you without notice to adjust for any previous overpayment.

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14. 7. Dispute Resolution

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    2. 7.1. Disputes between Players or Between Player and Host

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       1. 7.1.1. In case of any dispute raised between users and related directly to the Services, we shall make reasonable efforts to assist the users in reaching a solution using an escalating process; such discussions shall not be public and shall be conducted privately. The users shall promptly attempt to resolve through good faith discussions any dispute or disagreement between them relating to their use of the Services, each of the users may escalate the dispute or disagreement, first to Our customer support team; if the customer support team fails to reach an understanding within 7 days of the matter being referred to the customer support team, the matter may be escalated to a customer support manager.

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       3. 7.1.2. If the dispute is not resolved according to the process described above, the Company at its sole discretion may refer the dispute to arbitration in accordance with these Terms but will not initiate such proceedings for the resolution of the dispute until the earlier of: (a) the customer support team managers joint written conclusion that amicable resolution through continued negotiation is unlikely; or (b) 30 days after the matter was escalated to the managers. We are at its discretion may refer any dispute to a court having jurisdiction.

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    4. 7.2. Disputes with the Company: 

    5. Mandatory Arbitration. You agree to submit any unresolved dispute to mandatory arbitration. We each agree to resolve any past or present claims relating to these terms or our services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by contacting us at Unfettered Games, LLC, 30 N. Gould St., Ste R, Sheridan, WY 82801, within 30 days of creating your Player Account.

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       1. 7.2.1. Arbitration. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules by a sole arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be conducted by telephone, based on written submissions, video conference, or in person in Salt Lak City, Utah, or in another mutually agreed location. All issues are for the arbitrator to decide, except a court of competent jurisdiction has the authority to determine the scope, enforceability, and arbitrability of this provision, including the mass filing procedures below. The amount of any settlement offer will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any.

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       3. 7.2.2. Exceptions. This arbitration section does not require arbitration of the following claims: (1) individual claims brought in small claims court; and (2) public injunctive or other equitable relief to stop unauthorized use or abuse of the services or intellectual property infringement.

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       5. 7.2.3. Forum selection and Jurisdiction. The parties agree that, for any dispute that is not arbitrated in accordance with this provision, the claims may only be brought in the courts located in Salt Lake City, Utah. The parties agree to waive any objection that those courts are an inconvenient forum.

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       7. 7.2.4. CLASS ACTION WAIVER. By agreeing to these Terms, you knowingly and intentionally waive any right that you may have to participate as a plaintiff or class member in a class action under state or federal law. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are likewise waived by you. If for any reason a dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding, or counterclaim.

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    7. 7.3. Own fees and costs. Unless otherwise ordered by the arbitrator, each party shall bear their own costs and fees of the arbitration.

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16. 8. Indemnification, Disclaimer of Warranties, Limitations on Liability

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    2. 8.1. Indemnity. If any third party (including but not limited to another player) makes a claim on any theory of liability based on your conduct in relation to these Terms, you agree to indemnify us, our affiliates, and our personnel, at your expense. We reserve the right, however, to assume the exclusive defense of any matter that would be subject to this provision, and you shall not in any event settle any such matter without our written consent.

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    4. 8.2. No Warranty. We and our affiliates make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, we and our affiliates disclaim any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability or fitness for a particular purpose.

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    6. 8.3. Limitation of Liability.

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    8. 8.3.1. To the fullest extent permitted by law we and our affiliates will not be liable in connection with these Terms for lost profits or lost business opportunities, damages to reputation, loss of data, or any indirect, incidental, consequential, special or punitive damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.

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       2. 8.3.2. Without limiting the foregoing, you expressly acknowledge and agree that there may be internet or cell phone service network delays or outages that may affect your ability to use the Services (including to play the games offered). You assume the risk of such delays or outages and expressly and to the maximum extent release use from any potential liability that we may have in relation to such delays or outages.

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18. 9. Miscellaneous.

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    2. 9.1. We may amend these Terms from time to time by posting a revised version. Your continued use of the Services after any change means you agree to such change.

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    4. 9.2. These Terms are governed by the law of the state of Utah. If a court or arbitrator with authority over these Terms finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

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    6. 9.3. If we do not act to enforce a breach of these Terms, we reserve the right to do so at any time in the future, and do not waive our right to do so, unless expressly set forth in a writing signed by us.

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    8. 9.4. You agree that the only way to provide us legal notice by sending an email to info@unfetteredgames.com, with a copy sent via registered mail to this address.

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    10. Unfettered Games, LLC
    11. 30 N. Gould St., Ste R
    12. Sheridan, WY 82801
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    1. 9.5. These Terms constitute the entire agreement between you and us, and supersede any prior agreements, whether or not in writing.

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© 2024 Unfettered Games, LLC. All rights reserved.