Terms & Conditions

1 About these terms

1.1 These terms apply to
your download, access and/or use of Chance Dice games, whether on your
computer, on a mobile device, on our website www.chancedice.com (the
"Website") or any other website, device or platform (each a
"Game" and together the "Games"). These terms also apply to
any other services that we may provide in relation to the Games or the Website,
such as customer support, social media, community channels and other websites
that we may operate from time to time such as chancedice.com (we
refer to all our Games and other services collectively as the
"Services" in these terms). These terms are a legal agreement and
contain important information about your rights and obligations in relation to
our Services.

1.2 If you do not agree
to these terms or any future updated version of them then you must not access
and/or use, and must cease all access and/or use of, any of our Services. If we
require that any future update to these terms requires any action from you in
order to accept the updated terms, then you may not be able to continue to use
the Services until you have taken such action.

1.3 These terms
represent a legal agreement between you and JK Games LLC, a USA Limited Liability Company with registered office address at 4760 S Pecos Rd #103 Las Vegas, NV
89121 USA. The parties intend that the terms of this agreement inure to the benefit of Chance Dice’s sister, parent, subsidiary or affiliated companies.

1.4 FOR RESIDENTS IN THE
USA: IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A
WAIVER OF CLASS ACTION RIGHTS AS DETAILED BELOW IN PARAGRAPH 21.

1.5 In these terms references to "Chance Dice", "we", "us" and
"our" are references to Chancedice.com and JK Games LLC.

1.6 These terms are made
available via the app store or platform that you download our Games from (such as the Apple App Store, Google Play Store, Amazon App Store or Windows Phone
Store), on any website or platform where you can play our Games such as www.facebook.com, and
on our website at www.chancedice.com (the
“Website”). You agree that by accessing and/or using our Services, you are agreeing to these terms and our Privacy Policy (see paragraph 13 below).

1.7 For use of our
Services, users under 18 years old have permission from their legal guardian who has reviewed and agreed to these terms and permits you to access and/or use our
Services.

1.8 You can access the
latest version of these terms at any time at chancedice.com/terms-conditions. We
can make changes to these terms at any time in accordance with paragraph 17
below and, except in relation to any amendment to paragraph 21 (Binding
Arbitration and Class Action waiver) below, your continued use of our Services
after the terms have been updated shall confirm your acceptance of the updated
terms. 

2 About accessing and using our Services

2.1 The specific game
rules, scoring rules, controls and guidelines for each Game can be found within
the Game itself. Such rules, scoring rules, controls and guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Game which you choose to access and/or play.

2.2 You are responsible
for the internet connection and/or mobile charges that you may incur for accessing and/or using our Services. You should ask your mobile operator or internet service provider if you are unsure what these charges will be, before you access and/or use our Services.

2.3 There may be times
when our Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis. 

3 Accounts

3.1 When using our
Services you may choose to, and in some instances you will be required to, create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them
secret.

3.2 You agree that you
shall not give your login details to anyone else or allow anyone else to use your login details or account.

3.3 In these terms,
references to “login details” or “account” include your login details and account for any social network or platform that you may allow our Services to interact with.

3.4 We will be entitled
to assume that anyone logging into your account using your login details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.

3.5 We will not be
responsible to you for any loss that you suffer as a result of an unauthorized person
accessing your account and/or using our Services and we accept no
responsibility for any losses or harm resulting from its unauthorized use,
whether fraudulently or otherwise.

3.6 We reserve the right
to delete your account if no activity is conducted by you in relation to the
account for 180 or more days. In such an event, you may no longer be able to access and/or use any Accumulated Points (as defined below) associated with that account and no refund will be offered to you in relation to the same.

3.7 You understand that
if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your
account (including, without limitation, your progress through our Games and/or
the level or score you have reached in our Games and any Accumulated Points associated
with your account).

3.8 YOU ACKNOWLEDGE AND
AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY
ACCOUNT THAT YOU CREATE USING ANY OF OUR SERVICES. WE MAY SUSPEND, TERMINATE,
MODIFY OR DELETE ANY OF THESE ACCOUNTS AT ANY TIME FOR ANY REASON OR NO REASON,
WITH OR WITHOUT NOTICE TO YOU.

3.9 Your account is
personal to you and you are not entitled to transfer your account to any other person.

4  Accumulated Points

4.1 Our Games may
include rewards based on milestones and tallied scores (“Accumulated Points").
To benefit from or use the Accumulated Points in our games you may first have
to reach a certain level or progress to a certain point. You agree that once
purchased Accumulated Points and/or Subscriptions have no monetary value and
can never be exchanged for real money, real goods or real services from us or
anyone else. You agree that Accumulated Points and/or Subscriptions are not
transferrable to anyone else and you will not transfer or attempt to transfer any Accumulated Points and/or Subscriptions to anyone else.

4.2 You do not own Accumulated
Points and/or Subscriptions but instead you purchase a limited personal revocable licence to use them - any balance of Accumulated Points does not reflect any stored value.

4.3 You agree that all tallies
of Accumulated Points are final, that we will not refund any transaction once it has been made and that an active Subscription cannot be cancelled during the
Subscription period. If you live in the European Union you have certain rights to withdraw from distance purchases; however, please note that when you purchase a licence to use Accumulated Points from us, you acknowledge and agree
that we will begin the provision of the Accumulated Points to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a "purchase" is
complete at the time our servers validate your purchase and the applicable Accumulated
Points are successfully credited to your account on our servers.

4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a Chance Dice account, we will not be able to restore any Accumulated Points or other data associated with your Game
play to a different device if you lose that device or it is damaged.
Accordingly, on a device which is not connected in this way:

any risk of loss of Accumulated Points which you purchase from us is transferred to you upon completion of the purchase as described in paragraph 4.3 above;

any risk of loss of Accumulated Points that you receive from us without making a purchase is transferred to you at the time the Accumulated Points is successfully credited to your account on our servers; and any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.

4.5 The data associated
with Accumulated Points or otherwise, credited or awarded to you, is stored locally on your device and so is not synced between different devices even if
you have connected your game play on a device to an account that is linked to either your social network account or Chance Dice account. Accordingly, any risk of loss of this data is transferred to you.

4.6 If you live in the
European Union, we will provide you with a VAT invoice where we are required to do so by law or when requested by you. You agree that these invoices may be electronic in format.

4.7 We reserve the right
to control, regulate, change or remove any Accumulated Points and/or Subscriptions without any liability to you at any time, but if you have an active Subscription such changes will only take effect following the end of the
then-current Subscription period, at which date your Subscription will
automatically terminate.

4.8 We may revise the
pricing for Subscriptions offered through the Services at any time, but if you have an active Subscription such changes will only take effect following the end of the then-current Subscription period, at which date your Subscription will automatically terminate.

4.9 Depending on your
platform, Accumulated Points or Subscriptions purchased may be subject to your
platform provider's terms of service and user agreement. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform or our customer support team before making a
purchase. Unless otherwise shown, content available in any in-game store has the same age rating as the game.

4.10 Without limiting
paragraphs 3.7, 4.4 or 7.1 if we suspend or terminate your account in
accordance with these terms you may lose any Accumulated Points and/or active
Subscriptions (see paragraph 4.12) that you may have and we will not compensate
you for this loss or make any refund to you. If you have an active Subscription
at the date of termination it will not auto-renew at the end of the
then-current Subscription period.

4.11 The charge for any
individual item you can purchase via our Website shall be as stated on our
Website at the time you place the order, except in the case of obvious error.
The charge is inclusive of all sales taxes and other charges. Depending on
which bank you use, additional charges may be issued by your bank; we have no
control over this and accept no liability in relation to the same. If you are
unsure whether you will be subject to such additional charges then you should
check with your bank before making a purchase via our Website. We accept
payment via our payment processing partners by credit card, debit card, carrier
billing and Paypal only. Our payment processing partners may have their own
terms and conditions and you should ensure you are in agreement with these
prior to making any payment. If your transaction with our payment processing
partners is not successful then your purchase will not be fulfilled. Upon the
completion of a successful payment transaction then your purchase will be
fulfilled to you as soon as possible - we will endeavour to fulfil your order
immediately at the point of purchase.

Subscriptions

4.12 Payment for a
Subscription will be charged to your account at the point of purchase and for
renewals will be taken within the 24 hours prior to the expiry of the
then-current Subscription period. Your Subscription will automatically renew on
a monthly-basis unless you turn off auto-renew via your platform settings at
least 24 hours before the end of the then-current Subscription period. Your
Subscription is linked to your platform account and cannot be transferred
between platform accounts. You agree that sales by us to you of Subscriptions are
final and that cancellation is not permitted during an active Subscription
period.

 

5 User conduct and content

5.1 You must comply with
the laws that apply to you in the location that you access our Services from.
If any laws applicable to you restrict or prohibit you from using our Services,
you must comply with those legal restrictions or, if applicable, stop accessing
and/or using our Services.

5.2 You promise that all
the information you provide to us on accessing and/or using our Services is and
shall remain true, accurate and complete at all times.

5.3 Information, data,
software, sound, photographs, graphics, video, messages, tags, or other
materials may be sent, uploaded, communicated, transmitted or otherwise made
available via our Services by you or another user (“Content”). You understand
and agree that all Content that you may be sent when using our Services,
whether publicly posted or privately sent, is the sole responsibility of the
person that sent the Content. This means that you, not us, are entirely
responsible for all Content that you may upload, communicate, transmit or
otherwise make available via our Services.

5.4
You agree not to upload, communicate, transmit or otherwise make available any
Content or otherwise use the Services in any way:

that is or could reasonably be viewed as unlawful,
harmful, harassing, defamatory, libelous, obscene or otherwise
objectionable;

that is or could reasonably be viewed as invasive
of another's privacy or violate any privacy rights;

that is likely to, or could reasonably be viewed
as likely to incite violence or racial or ethnic hatred;

which you do not have a right to make available
lawfully (such as inside information, information which belongs to someone
else or confidential information);

which infringes any intellectual property right or
other proprietary right of others;

which consists of any unsolicited or unauthorized advertising,
promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid
schemes' or any other form of solicitation; or

which contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or limit
the functionality of any computer software or hardware or
telecommunications equipment.

5.5
You agree that you will not:

use our Services to harm anyone or to cause
offence to or harass any person;

create more than one account per platform to
access our Services;

use another person or entity’s email address in
order to sign up to use our Services;

use our Services for fraudulent or abusive
purposes (including, without limitation, by using our Services to
impersonate any person or entity, or otherwise misrepresent your
affiliation with a person, entity or our Services);

disguise, anonymize or hide your IP address or the
source of any Content that you may upload;

use our Services for any commercial or business
purpose or for the benefit of any third party or to send unsolicited
communications;

remove or amend any proprietary notices or other
ownership information from our Games or any other part of our Services;

interfere with or disrupt our Services or servers
or networks that provide our Services;

attempt to decompile, reverse engineer,
disassemble or hack any of our Services, or to defeat or overcome any of
our encryption technologies or security measures or data transmitted,
processed or stored by us;

'harvest', 'scrape' or collect any information
about or regarding other people that use our Services, including, but not
limited to any personal data or information (including by uploading anything
that collects information including but not limited to 'pixel tags'
cookies, graphics interchange formats ('gifs') or similar items that are
sometimes also referred to as 'spyware' or 'pcms' (passive collection
mechanisms);

sell, transfer or try to sell or transfer an
account with us or any part of an account, Accumulated Points and/or
Virtual Goods;

disrupt the normal flow of a Game or otherwise act
in a manner that is likely to negatively affect other players' ability to
compete fairly when playing our Games or engaging in real time exchanges;

disobey any requirements or regulations of any
network connected to our Services;

use our Services in violation of any applicable
law or regulation;

use our Services to cheat or design or assist in
cheating (for example, by using automated means or third-party software to
play), or to otherwise circumvent technological measures designed to
control access to, or elements of, our Services, or to do anything else
that a reasonable person is likely to believe is not within the spirit of
fair play or these terms; or

use our Services in any other way not permitted by
these terms.

If you are concerned
that someone else is not complying with any part of these terms, please contact
us here: reportabuse@chancedice.com.

5.6 We do not control
Content posted on our Services by other people and therefore we do not
guarantee the accuracy, integrity or quality of that Content. You understand
that when using our Services, you may be exposed to Content that you may
consider offensive, indecent or objectionable. Under no circumstances will we
be liable in any way for any Content, including, but not limited to, any errors
or omissions in any Content, or any losses or harm of any kind resulting from
the use of any Content posted, emailed, transmitted or otherwise made available
via our Services.

5.7 We have the right to
remove uploaded Content from our Services if we decide in our sole discretion
that it results in or from a breach of any part of these terms, or that it may
bring us or our Services into disrepute. However, you acknowledge that we do
not actively monitor Content that is contributed by people that use our
Services and we make no undertaking to do so.

5.8 You are solely
responsible for your interactions with other users of our Services. You agree
that you shall not hold Chance Dice liable for any loss or damage arising from
the Content (yours or another user's) including without limitation in respect
of any defamation, harassment, or false endorsement claims.

 6 Playing our Games with other users

6.1 Some of our Games
allow you to play against an opponent or to play socially with other users. You
may be able to:

6.1.1 choose to play
against another user or to play socially with another user whom Chance Dice
selects for you, or

6.1.2  play
against, or play socially with, one of your contacts on a platform or social
network which you have allowed our Games to interact with. Some of our Games
may also allow you to search for your friends (for example, by email address)
in order to find them to play against or play socially with. We may also
display the display names of your past opponents so that you can easily find
them to play again.

6.2 Where Chance Dice selects
another user or opponent for you, or groups you with other users for a game
mode, we may either select at random or use such criteria as we see fit in
order to make these selections (for example, your past scores, your country, or
the level you have reached in the Game or your other gameplay activity).

6.3 By accessing and/or
playing our Games you agree that your display name, scores, avatar, country
location, online/offline status and other related details may be displayed in
any and all media (whether it exists now or in the future), for any purpose, in
perpetuity, without any payment to you, including (without limitation) to other
users in our games or within our marketing. You also understand and agree that
other users may find you by searching for you with your email address. Please
note that we will only show your display name publicly, and not your email
address; another user must already know your email address themselves in order
to search for you.

 

7 Your breach of these terms

7.1
Without limiting any other remedies or any other paragraph of these terms, if
we reasonably believe that you are in material breach of these terms (including
by repeated minor breaches), we reserve the right to take any of the following
actions, whether individually or in combination, and either with or without
notice to you:

delete, suspend and/or modify your account or
parts of your account;

otherwise suspend and/or terminate your access to
our Services;

modify and/or remove any Accumulated Points or
Virtual Goods that may be associated with your account;

reset and/or modify any game progression or
benefits and privileges associated with your account, such as any level or
score you have reached in our Games.

Without limitation, any
breaches of paragraphs 4.1, 4.8, 5.4 or 5.5 are likely to be considered
material breaches.

7.2 You agree to
compensate us, according to law, for all losses, harm, claims and expenses that
may arise from any breach of these terms by you.

8 Availability of the Services

8(A) For residents in
the United States: We do not guarantee that any of our Services will be
available at all times or at any given time or that we will continue to offer
all or any of our Services for any particular length of time. We may change and
update our Services without notice to you. We make no warranty or
representation regarding the availability of our Services and reserve the right
to modify or discontinue the Services in our sole discretion without notice,
including for example, ceasing a Game or other Service for economic reasons due
to a limited number of users continuing to make use of that Game or other
Service over time, for technical reasons (such as technical difficulties
experienced by us or on the internet) or to allow us to improve user
experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE
THAT ANY OR ALL OF OUR SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR
SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS
ASSOCIATED WITH THE TERMINATION OF OUR SERVICES.

8(B) For residents
outside the United States: Subject to the next sentence, we do not guarantee
that any of our Services will be available or error-free at all times or at any
given time. We will provide our Services in accordance with any legally
required standards. In particular, in relation only to any Accumulated Points
and/or Virtual Goods or any other part of our Services which have been paid-for
with real money, we warrant that they will substantially comply with the
description provided by it at the point of purchase and be of satisfactory
quality (in addition any related services provided through them will be
provided with reasonable care and skill). We may change and update our Services
in whole or in part without notice to you (provided always that any such
changes do not result in material degradation in the functionality of any part
of the Services which has been paid-for with real money). We make no warranty
or representation regarding the availability of the Services which are provided
free of charge (i.e. not paid-for with real money) and we reserve the right to
modify or discontinue them in our sole discretion without notice to you,
including for example, for economic reasons due to a limited number of users
continuing to make use of them over time, for technical reasons (such as
technical difficulties experienced by us or on the internet) or to allow us to
improve user experience. We are not liable or responsible for any failure to
perform, or delay in performance of, any of our obligations that is caused by
events outside our reasonable control. If such circumstances result in material
degradation in the functionality of the Services then any obligation you may
have to make any payment to download, use or access them will be suspended for
the duration of such period. We are entitled to modify or discontinue the
Services or any part of them which are paid-for with real money in our sole
discretion upon reasonable notice to you.

9  For residents in the United States - Limitation of Liability

WE SHALL NOT BE LIABLE
FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION,
USE, OR MALFUNCTION OF THE GAMES OR ANY OF OUR OTHER SERVICES, INCLUDING
DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT
PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE
ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR ACCUMULATED
POINTS OR ANY OTHER PART OF OUR GAMES OR SERVICES. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR
LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.

10 For residents outside the United States – Limitation of Liability

10.1 We accept liability
for death or personal injury resulting from our negligence or that of our
employees or agents, and for losses or harm caused by fraud by us or our
agents, or any other liability which may not by law be excluded.

10.2
We are not responsible for:

losses or harm not caused by our breach of these terms
or negligence;

losses or harm which are not reasonably
foreseeable by you and us at the time of you agreeing to these terms and
conditions including those losses which happen as a side effect of
foreseeable losses. This could include loss of data, loss of opportunity,
service interruption, computer or other device failure or financial loss;

any damage that may be caused to any device on
which you access or use any of our Games or other Services that is caused
in any way by our Services unless that damage is directly caused by our
failure to exercise reasonable skill and care in the provision of the
applicable Games or other Services;

any increase in loss or damage resulting from
breach by you of any of these terms and conditions; or

technical failures or the lack of availability of
any of our Services where these are not within our reasonable control.

10.3 For any losses or
harm (other than those mentioned in paragraph 10.1 and subject to paragraph
10.2) in any period of twelve months, we will only be responsible for losses or
harm which are a reasonably foreseeable consequence of our negligence or breach
of these terms and conditions up to the value of the amount that you have paid
to us in the 100 day period ending on the date of your claim. Losses and harm
are foreseeable only where they could be contemplated by you and us at the time
of you agreeing to these terms and conditions.

10.4 Subject to
paragraph 10.5 below and unless otherwise specified in these Terms, we do not
give any warranty, express or implied, in relation to our Services and you
acknowledge that your only right with respect to any problems or
dissatisfaction with any of our Services is to discontinue your use of our
Services.

10.5 Any additional
legal rights which you may have as a consumer remain unaffected by these terms.

 

11 Intellectual Property

11.1 You acknowledge
that all copyright, trademarks, and other intellectual property rights in and
relating to our Services (other than Content which is contributed and owned by
players) is owned by or licensed to us.

11.2 Whilst you are in
compliance with these terms, we grant you a non-exclusive, non-transferable,
personal, revocable limited license to access and/or use our Services (but not
any related object and source code) for your own personal private use, in each
case provided that such use is in accordance with these terms. You agree not to
use our Services for anything else. These terms also apply to any update or
patches which we may release or make available for any of the Services and any
such update or patch shall be deemed part of the Services for the purposes of
these terms.

11.3 YOU ACKNOWLEDGE AND
AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO
OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT
LIMITATION ONLINE ACCOUNTS, ANY ACCUMULATED POINTS OR VIRTUAL GOODS. You must
not copy, distribute, make available to the public or create any derivative
work from our Services or any part of our Services unless we have first agreed
to this in writing.

11.4 In particular, and
without limiting the application of paragraph 11.3, you must not make use or
available any cheats or technological measures designed to control access to,
or elements of, our Services, including providing access to any Accumulated
Points and/or Virtual Goods, whether on a free of charge basis or otherwise.

11.5
By submitting Content (as defined in paragraph 5.3) via our Services you:

are representing that you are fully entitled to do
so;

grant us and our group companies the right to
edit, adapt, publish and use your entry and any derivative works we may
create from it, in any and all media (whether it exists now or in the
future), for any purpose, in perpetuity, without any payment to you;

acknowledge that you may have what are known as
“moral rights” in the Content, for example the right to be named as the
creator of your entry and the right not to have work subjected to
derogatory treatment. You agree to waive any such moral rights you may
have in the Content; and

agree that we have no obligation to monitor or
protect your rights in any Content that you may submit to us, but you do
give us the right to enforce your rights in that Content if we want to,
including but not limited to taking legal action (at our cost) on your
behalf.

11.6 You must not copy,
distribute, make available to the public or create any derivative work from any
Content belonging to any other user of our Services. If you believe that your
intellectual property rights have been infringed by someone else over the
internet, you may contact us by emailing the following information to ip-notice@chancedice.com:

a description of the intellectual property rights
and an explanation as to how they have been infringed;

a description of where the infringing material is
located;

your address, phone number and email address;

a statement by you, made under penalty of perjury,
that (i) you have a good-faith belief that the disputed use of material in
which you own intellectual property rights is not authorized, and (ii) the
information that you are providing is accurate, correct, and that you are authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed; and

a physical or electronic signature of the person authorized
to act on behalf of the owner of the exclusive right that has allegedly
been infringed.

12 For residents in the United States - U.S. GOVERNMENT RESTRICTED RIGHTS:

12.1 Our Services have
been developed entirely at private expense and are provided as "Commercial
Computer Software" or "restricted computer software." Use,
duplication or disclosure by the U.S. Government or a U.S. Government subcontractor
is subject to the restrictions set forth in subparagraph (b)(1)(ii) of the
Rights in Technical Data and Computer Software clauses in DFARS 252.227-7013 or
as set forth in subparagraph (b)(1) and (2) of the Commercial Computer Software
Restricted Rights clauses at FAR 52.227-19, as applicable. The
Contractor/Manufacturer is JK Games LLC 4760 S Pecos Rd #103 Las Vegas, NV
89121 USA.

 

13 Privacy

13.1 The data controller
for all personally identifiable information or personal data that we collect
about you through or in relation to our Games or other Services is Chancedice.com
Limited.

13.2 Chancedice.com
Limited collect, process, use and share your personal information in accordance
with our Privacy Policy and as set out in these terms. If you do not agree to
our Privacy Policy you should not download or access our Games or otherwise
access and/or use our Services.

13.3 This paragraph 13
shall not affect the provisions of paragraphs 20 and 21 which shall take
precedence over this paragraph 13.

 

14 Links

14.1 We may link to
third party websites or services from our Services. You understand that we make
no promises regarding any content, goods or services provided by such third
parties and we do not endorse the same. We are also not responsible to you in
relation to any losses or harm caused by such third parties. Any charges you
incur in relation to those third parties are your responsibility. You
understand that when you provide data to such third parties you are providing
it in accordance with their privacy policy (if any) and our own privacy policy
does not apply in relation to that data.

 

15 Transferring these terms

15.1 We may wish to
transfer all or a part of our rights or responsibilities under these terms to
someone else without obtaining your consent. You agree that we may do so
provided that the transfer does not significantly disadvantage you. You may not
transfer any of the rights we give you under these terms unless we first agree
to this in writing.

 

16 Entire Agreement

16.1 These terms set out
the entire agreement between you and us concerning our Services (as defined in
paragraph 1) and they replace all earlier agreements and understandings between
you and us.

 

17 Changes to these terms

17.1 You can find these
terms at any time by visiting chancedice.com/terms-conditions.

17.2 Without affecting
paragraph 21.8 below, we reserve the right to update these terms from time to
time by posting the updated version at that address. We may do so for a number
of reasons including without limitation because we change the nature of our
products or services, for technical or legal reasons, or because the needs of
our business have changed. You agree that if you do not accept any amendment to
our terms then you shall immediately stop accessing and/or using our Services.

 

18 Severability

18.1 If any part of
these terms is held to be invalid or unenforceable under any applicable local
laws or by an applicable court, that part shall be interpreted in a manner
consistent with applicable law to reflect as nearly as possible our original
intentions and the remainder of these terms shall remain valid and enforceable.
If it is not possible to interpret an invalid or unenforceable part of these
terms in a manner consistent with applicable law, then that part shall be
deemed deleted from these terms without affecting the remaining provisions of
these terms.

 

19 Waivers of our rights

19.1 Our failure to
exercise or enforce any of our rights under these terms does not waive our
right to enforce such right. Any waiver of such rights shall only be effective
if it is in writing and signed by us.

 

20 Complaints and dispute resolution

20.1 Most concerns can
be solved quickly by contacting us at queries@chancedice.com.

20.2 In the unlikely
event that we cannot solve your concern and you wish to bring legal action
against us these terms shall be governed by and construed in accordance with
the laws of England.

 

21 For residents in the United States-- BINDING ARBITRATION AND CLASS ACTION WAIVER:

21.1 The BINDING
ARBITRATION AND CLASS ACTION WAIVER provisions in this paragraph 21 apply to
all Disputes between you and Chance Dice and/or Chance Dice’s parents,
subsidiaries and Affiliates relating to the Games and Services. Paragraph 21
also applies to any Dispute between you and any Chance Dice Affiliates, each of
which is an intended third-party beneficiary of paragraph 21. For the purposes
of paragraph 21, “Affiliate” shall mean any entity controlling, controlled by
or under common control with Chance Dice, where ‘control’ means the direct or
indirect ownership of more than fifty percent (50%) of such entity’s capital or
equivalent voting rights and “Dispute” shall include any dispute, claim,
controversy or action between you and Chance Dice (or any Chance Dice
Affiliates) arising out of or relating to this agreement, the Services, or any
other transaction involving you and Chance Dice, whether in contract, warranty,
misrepresentation, fraud, tort, intentional tort, statute, regulation,
ordinance, or any other legal or equitable basis.

21.2 Initial Dispute
Resolution: If you have any concerns or queries regarding our Services, our
customer support team can be reached through our Chance Dice Community portal (http://community.chancedice.com).
Most concerns are quickly resolved in this manner to our customers'
satisfaction. The parties shall use their best efforts to settle any dispute,
claim, question, or disagreement directly through consultation and good faith
negotiations which shall be a precondition to either party initiating a lawsuit
or arbitration.

21.3 Binding
Arbitration: If the parties do not reach an agreed upon solution within a
period of 30 days from the time informal dispute resolution is pursued pursuant
to the paragraph 21.2, then You and Chance Dice agree that all Disputes shall
be resolved by binding arbitration according to this agreement. ARBITRATION
MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND
YOUR GROUNDS FOR APPEAL ARE LIMITED. Under this agreement, binding arbitration
shall be administered by JAMS, a nationally recognized arbitration authority,
under its procedures then in effect for consumer related disputes, but
excluding any rules that permit joinder or class actions in arbitration (for
more detail on procedure, see paragraph 21.5 below). You and Chance Dice
understand and agree that (a) the Federal Arbitration Act (9 U.S.C. §1, et
seq.) governs the interpretation and enforcement of this paragraph 21, (b) this
agreement memorializes a transaction in interstate commerce, and (c) this
paragraph 21 shall survive termination of this agreement.

21.4 Arbitration
Procedure: If you or Chance Dice commences arbitration, the arbitration shall
be governed by the rules of JAMS that are in effect when the arbitration is
filed, excluding any rules that permit arbitration on a class or representative
basis (the “JAMS Rules”), available at http://www.jamsadr.com or by calling
1-800-352-5267, and under the rules set forth in this agreement. All Disputes
shall be resolved by a single neutral arbitrator, and both parties shall have a
reasonable opportunity to participate in the selection of the arbitrator. The
arbitrator is bound by the terms of this Agreement and must follow applicable
law. 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 any claim that all or any part of this agreement is void or voidable.
Notwithstanding this broad delegation of authority to the arbitrator, a court
may determine the limited question of whether a claim or cause of action is
excluded from arbitration under paragraph 21.6. The arbitrator shall be
empowered to grant whatever relief would be available in a court under law or
in equity. In some instances, the costs of arbitration can exceed the costs of
litigation and the right to discovery may be more limited in arbitration than
in court. The arbitrator’s award is binding and may be entered as a judgment in
any court of competent jurisdiction. You may choose to engage in arbitration
hearings by telephone. Arbitration hearings not conducted by telephone shall
take place in a location reasonably accessible from your primary residence, or
in Los Angeles, California, at your option. Instructions for initiating an
arbitration are available at the JAMS website and toll-free number referenced
above.

21.5 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. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS
AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE
PRIVACY POLICY ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF
OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. 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, 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.

21.6 Exception -
Litigation of Intellectual Property and Small Claims Court claims:
Notwithstanding the parties' decision to resolve all disputes through
arbitration, either party may bring an action in state or federal court that
only asserts claims for patent infringement or invalidity, copyright
infringement, moral rights violations, trademark infringement, and/or trade
secret misappropriation, but not, for clarity, claims related to the license
granted to you for the Services under these terms. Either party may also seek
relief in a small claims court for disputes or claims within the scope of that
court's jurisdiction.

21.7 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 "Binding Arbitration,"
"Location," and "Class Action Waiver" paragraphs above by
sending written notice of your decision to opt-out to the following address: JK
Games LLC 4760 S Pecos Rd #103 Las Vegas, NV 89121, USA, Attn: Chance Dice
Legal. The notice must be sent within 30 days of the earlier of your first
download of the applicable Game or commencing use of our Services (or if no
purchase was made, then within 30 days of the earliest of the date on which you
first download the applicable Game or access or commence use the applicable
Service); 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.

21.8 Changes to this
paragraph: We will provide 60-days’ notice of any changes to this paragraph.
Changes will become effective on the 60th day and will apply prospectively only
to any claims arising after the 60th day.

 

22 JURISDICTION AND APPLICABLE LAW

Our
Games and other Services are made available subject to these terms. This
paragraph explains which laws apply to these terms.

22.1 Except for
paragraph 21, the laws of England shall govern the interpretation of these
terms and apply to claims for breach of it, without reference to conflict of
laws principles. All other claims, including claims regarding consumer
protection laws, unfair competition laws, and claims in negligence and tort,
will be subject to the laws of the country in which you are resident. If there
is a dispute between us regarding these Terms of Use, then that dispute will be
subject to the jurisdiction of the courts of England unless the law in your
country of residence allows you to choose the courts of that country for the
dispute in question.

22.2 For residents in
the United States: You and we irrevocably consent to the exclusive jurisdiction
and venue of state or federal courts in Los Angeles County, California to
resolve any claims that are subject to exceptions to the arbitration agreement
described in paragraph 21 above, or otherwise determined not to be arbitrable.

22.3 If you are resident
outside the United States and you are entitled to commence and/or participate
in legal proceedings within the United States, then you agree that you will be
bound by the BINDING ARBITRATION AND CLASS ACTION WAIVER provisions above.

22.4 You understand and
agree that our Website, Games and other Services may not be used, accessed,
downloaded, or otherwise exported, reexported, or transferred in contravention
of applicable export control, economic sanctions, and import laws and
regulations, including, but not limited to, the U.S. Export Administration
Regulations (“EAR”) and regulations promulgated by the U.S. Department of the
Treasury’s Office of Foreign Assets Control (“OFAC”). You represent and warrant
that you (1) are not subject to U.S. sanctions or export restrictions and
otherwise are eligible to utilize our Website, Games and other Services under
applicable laws and regulations; (2) are not located or ordinarily resident in
a country or region subject to comprehensive or near-comprehensive U.S.
sanctions/embargo, unless your use of our Website, Games and other Services in
such country or region is authorized by U.S. law; (3) are not an official,
employee, agent, or contractor of, or directly or indirectly acting or
purporting to act for or on behalf of, a government (including any political
subdivision, agency, or instrumentality thereof or any person directly or
indirectly owned or controlled by the foregoing) or political party (e.g.,
Cuban Communist Party, Workers’ Party of Korea) subject to U.S.
sanctions/embargo or any other entity in a sanctioned/embargoed country or
region or subject to U.S. sanctions/embargo; and (4) will not use our Website,
Games and other Services in connection with an end-use prohibited by U.S. law.

 

23 Questions about these terms

23.1 If you have any
questions about these terms or our Services you may contact us by email
at queries@chancedice.com.

 

These terms were last updated on July 16, 2023.

© Chancedice.com
Limited. “Chance Dice” is a registered trademark of JK Games LLC. All rights
reserved.

We are honored to
present you with the JK Games LLC Privacy Policy. This policy describes how JK
Games (collectively described as “Chance Dice”, “JK Games”, “we”, “us” or
“our”) and its third-party marketing and advertising partners collect, use,
process and share information about you.

This
Privacy Policy applies to all of our games, whether played on our website www.chancedice.com,
on mobile devices, PCs or on other platforms such as Facebook. It also applies
to our Marketing and Advertising activities on all
platforms and other services that we will provide to you from time to time. In
this Privacy Policy we refer to our games, websites, marketing and advertising
activities and other services collectively as our "Services".

When
you download, access and/or play our games, or interact with our websites or
other Services, you acknowledge the collection and use of your information in
accordance with this Privacy Policy, including JK Games’ and our advertising
partners’ use of your data for targeted advertising purposes as described in
the Marketing and Advertising sections of this Privacy
Policy. Those sections also explain how you can give your consent by opting in,
or withhold or withdraw your consent to the use of your data for targeted
advertising purposes. If you have any concerns about providing information to
us or it being used as described in this Privacy Policy you should not use our
games or other Services.

This Privacy Policy was
last updated on July 16, 2023.

 

Playing our games

When you download,
access and/or play our games or use our other Services, we collect information
about you. Most of this data comes directly from you or your device, such as
device information, country and region, and game play information. We use this
data to provide our games and Services to you, including for the purposes of optimization,
preventing fraud, customizing in-game offers and verifying purchases. We will
also use it for the other purposes set out in this Privacy Policy, including
for Marketing and Advertising purposes.

Visiting our websites

When you visit our other
websites, such as chancedice.com and
other websites and forums operated by us (“Websites”), we collect information
about you, such as details about how you use and interact with such Websites.
We will use the information we collect about you for a number of purposes,
including for operating and optimizing the Websites, in connection with our
advertising purposes, and for research or analysis.

JK Games Profile and
Playing Socially

You can choose to add
information to your JK Games Profile or to connect our Services to your account
with a third-party network (such as Facebook). If you do this, then your
personal information will be visible to other players and we’ll also use it for
the other purposes set out in this Privacy Policy, including
for Marketing and Advertising.

 

Marketing

Where we record your
preferences as permitting us to do so, (see further below on how to change your
preferences) we and our third-party partners use information collected about
you to send you marketing communications about other JK Games games and related
Services based on your interests. For example, we will send emails, serve ads
within our Services or place ads on third party websites, apps and
Internet-connected devices.

Advertising

Our
games will include advertising for third party products and services.

JK
Games and our advertising partners collect and use information about you to
improve advertising, targeting and measurement systems so that we can show you
relevant third-party ads in our games.

JK
Games participates in the IAB Europe Transparency & Consent Framework and
complies with its Specifications and Policies. JK Games uses the Consent
Management Platform (CMP) with the identification number 37.

Where applicable, we use
a CMP to gather consent and permissions for our advertising-based activity.
Where local laws allow, we will opt you into interest-based advertising by
default. You can change your preferences at any time in the setting pages of
our games.

Ad identifiers, cookies
and similar technologies

To provide our games,
Websites and interest-based advertising, we use ad identifiers, cookies and
similar technologies. This section describes our use of these technologies and
how you can manage your preferences.

Your rights

You have certain rights
in connection with your personal information and how we handle it. You can
exercise these rights at any time by contacting us via any of the methods set
out in the Contact Us section below. Users located in the United
States should review the US residents’ section below.

Children

You must be over a
certain age to play our games and use our Services, depending on where you
live. For the full list of age restrictions by country, please see below. We do
not knowingly collect or solicit personal information from or direct or target
interest-based advertising to anyone under the ages set out below or under 16
for California residents, or knowingly allow such persons to use our Services.
If you believe that we might have any information from or about a child under
the age set out below, please Contact Us.

General

Our
Privacy Policy contains further details about:

US residents

In addition to the information
provided throughout this Privacy Policy, state privacy laws in the United
States require that we disclose to consumers in those states additional
information about the processing of their personal data. Below we describe the
purposes for which we use and disclose personal data and, for each purpose, the
categories of personal data we use and disclose and the categories of third
parties to whom we disclose the personal data.

Contact us

If you
have any questions or concerns about any of the matters in relation to this
Privacy Policy, including to exercise any of your rights, then there are
several way of contacting us:

via our customer services page at https://chancedice.com/contact;

if you have questions, please check our FAQs;

via email to privacy@chancedice.com; or

in writing to JK Games LLC 4760 S Pecos Rd #103
Las Vegas, NV 89121 USA.

For information
collected under this Privacy Policy, the data controller is JK Games LLC. Our
Data Protection Officer can be contacted here: dataprotectionofficer@chancedice.com.