GOLDEN HEARTS GAMES INC.
TERMS AND CONDITIONS

Last Updated: January 29, 2025

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THE GOLDEN HEARTS GAMES OFFICIAL SWEEPSTAKES RULES, THE GOLDEN HEARTS GAMES OFFICIAL GAME RULES, AND THE GOLDEN HEARTS GAMES PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY GOLDEN HEARTS GAMES SERVICES OR THE WEBSITE.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND GOLDEN HEARTS GAMES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. PLEASE SEE SECTION 24 BELOW FOR MORE INFORMATION.

1. ACCEPTANCE OF TERMS
   
   

   These terms and conditions of use ("Terms and Conditions") constitute a legal agreement that governs your relationship with Golden Hearts Games Inc. and its affiliated companies (collectively referred to as "Golden Hearts" or "We" or "Us") regarding your use of the any Golden Hearts branded websites and any Golden Hearts related services, which include applications for mobile devices and internet sites (the "Services"). These Terms and Conditions apply to any Services provided by or any website operated by Golden Hearts, including, without limitation, the website located at www.goldenheartsgames.com or any other sites on which these Terms and Conditions are posted, and/or where any Golden Hearts application, Services, or product is licensed, downloaded, or otherwise accessed through third party sites or sources (in each case, the "Website").

   By registering with, using or otherwise accessing the Services, including browsing the Website, accessing the Services with a mobile device or installing software obtained from the Website, you acknowledge that you have read, understood, accepted and agreed to be bound by these Terms and Conditions and any other terms and conditions referenced and incorporated herein, including, without limitation, the Official Sweepstakes Rules ("Official Sweepstakes Rules") and the Privacy Policy referenced herein ("Privacy Policy"). If you do not accept these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy, you are not authorized to use the Services.

   We may modify these Terms and Conditions, Official Sweepstakes Rules, Official Game Rules and the Privacy Policy at any time and such modification will be effective upon the date the modified Terms and Conditions, Official Sweepstakes Rules, Official Game Rules or Privacy Policy are posted to the Website. You are responsible for reviewing these Terms and Conditions, Official Sweepstakes Rules, Official Game Rules and Privacy Policy for modifications prior to accessing, using, or downloading the Services. By your continued use of the Services, you acknowledge and agree that you shall be bound by any such modifications. If you do not wish to be bound by the modified Terms and Conditions, Official Sweepstakes Rules, and Privacy Policy, you must cease use of the Services immediately.

2. PRIVACY
   
   

   A link to the Golden Hearts Privacy Policy is provided here. The Privacy Policy governs any personal information you provide to us. By using the Services or accessing the Website you agree to the terms of the Privacy Policy.

3. RIGHT TO USE AND LIMITATION ON USE
   
   

   Subject to your agreement and continued compliance with these Terms and Conditions, the Official Sweepstakes Rules, the Official Game Rules and the Privacy Policy, Golden Hearts grants you a non-exclusive, non-transferable, revocable limited right to access and use the Services through a supported web browser or mobile device solely for your own non-commercial, entertainment purposes.

   You represent and warrant that you are eligible for and have full right and authority to use the Services and to be bound by these Terms and Conditions. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:

   1. Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
   2. Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks.
   3. Create false personas, multiple identities, use bots or other automated software programs to defraud Golden Hearts or any third party or take any other action which otherwise violates these Terms and Conditions and/or the terms of service of any third-party applications or social networks through which the Services are accessed.
   4. Attempt to obtain passwords or other private information from other users of the Golden Hearts Website ("Players") including personally identifiable information.
   5. Use the Services if you have previously been removed, prohibited, or banned by Golden Hearts.
   6. Develop, distribute, or use any software programs or other applications that allow an individual to cheat or obtain an unintended advantage while using the Services.
   7. Exploit or distribute any game error or technical glitch that provides an unintended advantage.
   8. Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without Golden Hearts' written permission.
   9. Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
   10. Attempt to use the Services on or through any website or service that is not authorized by Golden Hearts.
4. ELIGIBILITY
   
   

   To create an account, access or participate in the Services, you must be a legal resident of the United States of America, including any of the U.S. Territories, be at least 18 years old or older (for Alabama and Nebraska, a person must be 19 years of age or older; for Mississippi and Puerto Rico, a person must be 21 years of age or older), and otherwise eligible to use the Services in the state in which you reside. Residents of Idaho, Montana, Michigan, Nevada and Washington State or individuals physically located in the states of Idaho, Montana, Michigan, Nevada and Washington State are prohibited from creating an account and playing on the Golden Hearts Website. Failure to comply with this condition will result in the permanent closing of your account. For the avoidance of doubt, your use of the Services is void where prohibited by law.

5. ACCOUNT CREATION, ACCOUNT ACCESS, ACCOUNT INFO & PASSWORDS
   
   

   You may create only one (1) account per person and up to two (2) accounts per household to participate in the games on the Website. For avoidance of doubt, closing an account does not allow or enable you to create a new account for the purpose of violating the provisions in this Section 5.

   A person is defined as an individual identity with the same name (including nicknames, shortened versions of names, or misspelled versions of names); OR the same address; OR the same credit or debit card(s); OR the same phone number; OR the same social security number.

   A household is defined as a physical location with a street address or an Internet Protocol ("IP") Address or the device (same phone, tablet, laptop, computer, or another similar device). For the sake of clarity, the use of fictitious or "made-up" names or "borrowing" another individual's identity, even with his or her permission, is strictly prohibited.

   In the event Golden Hearts discovers that you have created or are utilizing more than one (1) account per person or more than two (2) accounts per household, Golden Hearts reserves the right to suspend, close or terminate ANY or ALL of these accounts and void ALL Coins purchased, gifted, bonused or won, as well as cancel ALL pending redemptions or payouts. Accounts closed for violating this provision will NOT be refunded and Coins will NOT be transferred from a closed account to an open account even if Golden Hearts, in its discretion, elects to allow one (1) account to remain open.

   To create a free account, visit www.goldenheartsgames.com and complete the following steps:

   1. Provide your first and last name, e-mail address, a password, the zip code of your residence, date of birth, and a promo code (optional). You may also use your Facebook Login or Google Sign-In to create your user account on the Website; if you do so, you do not need to create a password, but you are still required to provide the additional information noted above.
   2. Carefully review these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy and then check the box indicating that you agree and accept to these (if the designated box is not checked, you will NOT be able to create an account on the Website).
   3. Upon completing the initial step of creating your free user account you will be prompted to provide your mobile phone number. We use your mobile phone number to complete an initial account verification by SMS texting you a numeric code. You will be prompted to enter the numeric code on the Website after receiving the SMS text message. Your mobile phone number will ONLY be used to send you this initial account verification message (see Section 6 below for additional information). If you do not have a mobile phone number, the Website will provide instructions explaining how you can contact our dedicated Support Team to complete the initial account verification process.

   IN CREATING AN ACCOUNT, YOU UNDERSTAND AND AGREE THAT THE DECISIONS OF GOLDEN HEARTS AS TO ALL ASPECTS OF USE OF THE WEBSITE AND PARTICIPATION IN THE GAMES ARE FINAL AND BINDING IN ALL RESPECTS AND NOT SUBJECT TO APPEAL. IF YOU DO NOT AGREE DO NOT CREATE AN ACCOUNT, PLAY ANY GAMES OR OTHERWISE USE THE WEBSITE.

   IN CREATING AN ACCOUNT, YOU CONSENT TO GOLDEN HEARTS COLLECTING, STORING, USING AND SHARING YOUR PERSONAL INFORMATION AS SET FORTH IN THE WEBSITE'S PRIVACY POLICY. WITHOUT LIMITATION, YOU CONSENT TO GOLDEN HEARTS CONTACTING YOU VIA E-MAIL AND/OR POSTAL MAIL (AS APPLICABLE) REGARDING YOUR USE OF THE WEBSITE, INCLUDING YOUR PARTICIPATION IN GAMES AS WELL AS PROMOTIONAL OFFERS.

   In creating an account, you represent and warrant that all information provided is truthful and you agree to be bound by the limit of one (1) account per person and/or two (2) accounts per household. Should Golden Hearts determine that any information is false or fraudulent or if you attempt to create multiple accounts and/or utilize multiple identities relative to account creation, such activities constitute tampering as per Rule 18 below, your account(s) will be canceled and you may be prohibited from future use of the Website; and, in addition, Golden Hearts reserves the right to pursue any and all available legal remedies against you so as to protect its rights.

   It is the accountholder's sole responsibility to periodically review his/her/their account information and update as appropriate. Golden Hearts recommends that you allow up to five (5) business days for changes in account information to be reflected on the Website. Golden Hearts disclaims any liability arising from the accountholder's failure to maintain the accuracy of his/her/their account information. The preceding includes, by way of example only, the receipt of redemption payouts being delayed (or not received at all) due to inaccurate, incomplete, or invalid contact information.

   It is the accountholder's sole responsibility to maintain the security of his/her/their email address, password or his/her/their Facebook Login or Google Sign-In account information (as applicable). Golden Hearts recommends that you securely store your password (or your Facebook and/or Google account information) so as to prevent disclosure, as your account will contain your personal information. This includes sharing access to your account information with family members, including children whether said children are 18 years or older. Golden Hearts disclaims any liability arising from the accountholder's failure to safeguard his/her/their password (or his/her/their Facebook and/or Google account information) and any resultant harm caused by unauthorized access to his/her/their account. If you believe that your account has been compromised, it is your sole responsibility to immediately report same to Golden Hearts using the functionality on the Website and to notify Facebook or Google (if applicable). While Golden Hearts will endeavor to promptly deactivate your account, Golden Hearts disclaims any liability in conjunction therewith.

   Any dispute as to the ownership of a given account will be resolved by Golden Hearts in its sole discretion. In making such a determination, Golden Hearts shall take into account (but will not necessarily be bound by) the identification of the individual who is: (a) the authorized cardholder of any credit or debit card used to make a purchase on the account; (b) is the authorized accountholder of any bank account used to make a purchase or receive a redemption payout; (c) is the authorized owner of the mobile phone used to verify the account; or (d) is the authorized account holder of the e-mail address provided at the time of account creation. In all cases, Golden Hearts reserves the right to request a form or multiple forms of photo identification and any other documentation that Golden Hearts feels would be appropriate to verify account ownership.

6. SMS MESSAGING ALERTS AND INITIAL ACCOUNT VERIFICATION
   
   

   As part of the account creation process, Golden Hearts requires each individual to complete an initial account verification process using a personal mobile phone and phone number. You are limited to only one (1) account on the Golden Hearts Website, and you may only use your personal mobile phone number to verify your one (1) account. Once a mobile phone number is used to verify one (1) account this mobile phone number will not be able to be used to verify any additional accounts.

   Golden Hearts will only use your mobile phone number to send you this initial account verification. Your mobile phone number will not be used for any other communications unless you explicitly consent to receive such messages.

   Messages and data rates may apply. Depending on your text plan, you may be charged by your carrier (e.g. - Verizon, Sprint, AT&T, etc.). Your carrier does not guarantee that this initial account verification text message will be delivered, and your carrier will not be liable for delayed or undelivered messages. You will be able to request the initial account verification message is resent.

   Although Golden Hearts will only use your mobile phone number to send you the initial account verification text, you can reply to any text with the word STOP to stop receiving any future account verification messages. You can also reply with the word HELP at any time. Texting HELP will return the following message: Golden Hearts Games: Please enter your verification number on the website or contact support@goldenheartsgames.com for assistance. Msg & data rates may apply.

   For more information, please visit our Privacy Policy.

7. GOLD COINS
   
   

   ALL PURCHASES OF GOLD COIN ARE FINAL AND NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED GOLD COINS.

   Golden Hearts is a social casino game with casino-style games. Golden Hearts does not offer real money gaming and making a purchase is completely voluntary and optional. Participation in the games on the Website can be done by using the Gold Coins virtual currency or the free Sweeps Coins. For more information about Sweeps Coins, including how to earn or acquire them; how to use them to play; and how to redeem or exchange them please see the Official Sweepstakes Rules.

   Gold Coins can be purchased as defined on the Website and are subject to change from time to time at Golden Hearts discretion. As an incentive to make certain purchases of Gold Coins Golden Hearts may elect to offer free promotional Sweeps Coins with a purchase of Gold Coins, however, Golden Hearts is under no obligation to offer free promotional Sweeps Coins with every purchase of Gold Coins.

   Golden Hearts may limit the number of purchases an accountholder can make, including limiting how many Gold Coins are available to the respective account holder or limiting the total number of transactions or total cumulative value of purchases made on an hourly, daily, weekly, monthly, or annual basis. Golden Hearts reserves the right, at its sole discretion, to temporarily or permanently suspend an account holder's access to purchase Gold Coins.

   By using a payment method (e.g. - VISA, MasterCard, American Express, Discover credit or debit card; a Skrill account; or savings/checking account) to purchase Gold Coins, the Authorized account holder hereby affirms that he/she is the lawful owner of the payment method account used to make any purchase(s) on the Website.

   It shall be a violation of these Terms and Conditions for any Authorized accountholder to submit payment using any payment method that is NOT owned by the same Authorized accountholder.

   Golden Hearts reserves the right to temporarily suspend an account or prevent an account holder from making any further purchases in the event a credit or debit card, Skrill account or savings/checking account is declined by Golden Hearts' payment processor for any and all reasons. Golden Hearts may require the accountholder to provide proof of identity and ownership of any payment method, including requesting a valid, non-expired photo ID as well as proof of card ownership in the form of current bank or credit card statement bill that matches the name and address on the photo ID and entered on the Website at the time of the purchase.

   If any purchases of Gold Coins are charged back or disputed with your payment method provider, ANY and ALL Gold Coins, Sweeps Coins, pending redemptions or payouts shall be immediately voided and forfeited. Furthermore, your account and access to the Website will be permanently suspended unless such chargeback is canceled or withdrawn within 14 days of receipt.

8. SWEEPS COINS, SWEEPSTAKES PRIZES AND OFFICIAL SWEEPSTAKES RULES
   
   

   Golden Hearts offers a promotional marketing program where you may receive free Sweeps Coins to participate in promotional games on the Website. There are official rules ("Official Sweepstakes Rules"), which apply to the actual participation in the promotional games on the Golden Hearts' Website as well as other aspects of your experience on the Website not defined in these Terms and Conditions. These Official Sweepstakes Rules are very important and should be reviewed prior to playing any of the games. The Official Sweepstakes Rules can be found here.

9. REFER-A-FRIEND PROGRAM
   
   

   The Golden Hearts "Refer-a-Friend" program is a free program that rewards accountholders for referring new individuals to join the Golden Hearts Website. Active account holders can find a unique, custom referral link by visiting the Refer-a-Friend page after signing into their respective Golden Hearts account. By sharing the unique referral link with friends, family, acquaintances or other individuals, the accountholder can earn a free reward of Unplayed Sweeps Coins for use on the Golden Hearts Website.

   To be eligible for the free Unplayed Sweeps Coins reward, the individual or individuals that you refer MUST click on your unique referral link; create a brand-new account on the Golden Hearts Website; and make an initial purchase of Gold Coins with a package price of at least ten dollars ($10.00). Your referral reward of Unplayed Sweeps Coins will be awarded immediately upon the completion of these specific steps by each of your referrals. The amount of the free Unplayed Sweeps Coins reward is subject to change based on promotions or other special events, but in all cases, the free Unplayed Sweeps Coins reward will never be less than 10.00 Unplayed Sweeps Coins. Please see the Refer-a-Friend page for the current reward amount.

   It is a violation of these Terms and Conditions to refer yourself or to use fake or fictitious names or identities to abuse the program. All referrals are subject to our account restrictions of no more than one (1) account per person and no more than two (2) accounts per household as defined in Section 5 above. Golden Hearts reserves the right to reject or void any referral and/or referral reward if it concludes that a referred account belongs to the referring account holder or if the identity of the referral appears fictitious or cannot be verified by proof of photo ID upon request. Accounts deemed to be abusing this Refer-a-Friend program will be prevented from referring any individuals and may be subject to account closure and forfeiture of any Unplayed or Redeemable Coin rewards.

   Golden Hearts reserves the right to suspend, cancel and/or terminate the Refer-a-Friend program at any time without notice or compensation.

10. DORMANT ACCOUNTS AND INACTIVITY FEES
    
    

    Any account that does not have activity, defined as signing into the Golden Hearts Website, for at least 60 days will be considered dormant. To prevent your account from becoming dormant make sure to sign in at least one (1) time every 60 days.

    In the event your account has been dormant for at least 30 days, Golden Hearts may - but is not obligated to -- send you a final warning notice that your account will become dormant if you do not sign in within the following 30 days. By returning to the Website and signing in you will restart the dormant account period.

    Upon 60 days of account inactivity, all of your Gold Coins and your Unplayed Sweeps Coins will be canceled and voided. In the event you have Redeemable Sweeps Coins, your account will be charged a monthly dormant account fee of 10.00 Redeemable Sweeps Coins each month until your balance of Redeemable Sweeps Coins is less than 10.00. Once your balance of Redeemable Sweeps Coins is less than 10.00 the final month's dormant account fee will be equal to your remaining balance of Redeemable Sweeps Coins.

    In the event you are dormant for 180 days; have never made a purchase with your account; and your Gold Coin, Unplayed Sweeps Coin and Redeemable Sweeps Coin balances are each zero (0.00), Golden Hearts will permanently close your account and erase all of your personal information.

11. INTELLECTUAL PROPERTY OWNERSHIP
    
    

    Golden Hearts and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.

    Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.

    Any communications or materials you transmit to Golden Hearts by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as non-confidential and non-proprietary. Golden Hearts is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to Golden Hearts for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.

12. COPYRIGHT NOTICE
    
    

    Golden Hearts respects the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:

    1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
    2. a clear description of the copyrighted work that you claim has been infringed;
    3. a description of where the material that you claim is infringing is located in the Services;
    4. your address, telephone number, and email address;
    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.

    Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees.

    Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

    By mail:

    Golden Hearts Games Inc.
    Attn: Copyright Agent
    P.O. Box 747
    Framingham, MA 01701
    

    By email:

    copyright@goldenheartsgames.com

13. ACCOUNT AND ACCESS TERMINATION
    
    

    You agree that Golden Hearts, in our sole discretion, may to the extent legally permissible terminate your access to or use of the Services, at any time and for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, the Official Sweepstakes Rules, the Official Game Rules or if we feel that your communications with our staff are harassing, vulgar, inappropriate, defaming or threatening in any manner. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.

14. LIMITATION OF LIABILITY
    
    

    BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR ANY OF GOLDEN HEARTS, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GOLDEN HEARTS AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID GOLDEN HEARTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.

15. RELEASE OF LIABILITY
    
    

    You indemnify, release and agree to hold harmless Golden Hearts Games, Golden Hearts Games' Affiliates; as well as Paysafe, Apple, Leader Bank, Banc of California, Meta, Inc., Facebook, Inc., Alphabet Inc. and Google, Inc. from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property arising out of or relating to your use of the Website.

16. DISCLAIMER OF WARRANTIES
    
    

    THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.

17. EXCEPTIONS
    
    

    SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

18. HACKING OR TAMPERING WITH THE SERVICES
    
    

    CAUTION: YOU AGREE THAT ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE WEBSITE, UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON), USE A PROGRAM OR "BOT" TO PLAY MULTIPLE GAMES CONCURRENTLY OR TO AVOID ACTUALLY OPERATING THE GAME OR OTHERWISE ATTEMPT TO DEFRAUD GOLDEN HEARTS IN CONJUNCTION WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON) WILL RESULT IN IMMEDIATE CANCELLATION OF ACCOUNT, PROHIBITION FROM FUTURE USE OF THE WEBSITE AND, IN SUCH INSTANCE, GOLDEN HEARTS RESERVES THE RIGHT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST SUCH PERSON.

19. DISPUTES WITH OTHERS
    
    

    Golden Hearts reserves the right, but has no obligation, to monitor and/or manage disputes between you and other Players of the Services. If you have a dispute with other Players, you release and hereby agree to indemnify Golden Hearts from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

20. LEGALITY
    
    

    You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. If you believe that any of the Services violate the laws of the jurisdiction in which you might use the Services, you agree that you will not use the Services. You agree Golden Hearts cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. Golden Hearts makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Golden Hearts have authority to make any such representations or warranties. Golden Hearts reserves the right to block access to the Services from any jurisdiction.

21. LINKS TO THIRD PARTY WEBSITES
    
    

    Although the Services may contain links to third party websites, we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked website, unless specifically stated therein. By accessing, using, or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.

22. UPDATES TO THE SERVICES
    
    

    We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all Players of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.

23. GOVERNING LAW
    
    

    Any claims or disputes regarding these Terms and Conditions, the Official Sweepstakes Rules, the Official Game Rules or the Privacy Policy will be resolved pursuant to the internal, substantive law of the Commonwealth of Massachusetts, without regard to choice of law/conflict of law principles which would result in the application of the law of any jurisdiction other than that of the Commonwealth of Massachusetts.

24. BINDING ARBITRATION AND CLASS WAIVER
    
    

    PLEASE READ THIS BINDING ARBITRATION AND CLASS WAIVER AGREEMENT (“ARBITRATION AGREEMENT”) CAREFULLY, BECAUSE IT REQUIRES YOU TO ARBITRATE ALL DISPUTES WITH GOLDEN HEARTS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

    THIS ARBITRATION AGREEMENT PRECLUDES YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GOLDEN HEARTS. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST GOLDEN HEARTS BY SOMEONE ELSE. UNDER THIS AGREEMENT, YOU GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY.

    Scope of Arbitration Provision. You and Golden Hearts agree that any past, pending, or future dispute, claim or controversy arising out of or relating to your access to or use of any Golden Hearts Website (including Services),these Terms and Conditions, the Golden Hearts Privacy Policy, the Official Sweepstakes Rules (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions, the Golden Hearts Privacy Policy, and/or the Official Sweepstakes Rules), any purchase on the Golden Hearts Website, or any products or promotions provided by Golden Hearts, including disputes about the validity, scope or enforceability of this Arbitration Agreement (a "Dispute"), shall be determined by binding arbitration administered by JAMS as outlined below. This Arbitration Agreement does not apply to (1) any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents or (2) any individual claim in small claims court for disputes or claims within the scope of its jurisdiction.

    Waiver of Class Relief. Whether the dispute is heard in arbitration or in court, you agree that you and Golden Hearts will not commence against the other a class action, class arbitration or other representative action or proceeding. You and Golden Hearts are each waiving your respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date that you agreed to these Terms and Conditions.

    Whether to agree to arbitration is an important decision. It is your decision to make, and you are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

    Arbitration will be conducted before a one-member panel of JAMS pursuant to the JAMS Comprehensive Arbitration Rules & Procedures subject to certain limitations, including (i) the arbitration proceeding will take place in Boston, Massachusetts, unless your access to arbitration is precluded by such location; and (ii) any claim or dispute will be resolved individually and NOT as part of a class or group. The arbitration proceeding shall be governed by the Federal Arbitration Act (9 U.S.C. § 1-16) with the judgment of the arbitrator being enforceable in any United States Federal Court. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal by a tribunal of competent jurisdiction, or conflicts with the rules of JAMS, the invalid/unenforceable/illegal provision will be stricken and replaced with a substitute provision which best captures the original intent of Golden Hearts Games and is valid, enforceable, and legal, with the balance of this arbitration provision remaining in effect. If, however, (ii) above is found to be invalid, unenforceable, or illegal by a tribunal of competent jurisdiction, then this arbitration provision shall be void in its entirety; and, in such case, any claim or dispute must be brought in either the U.S. District Court for the District of Massachusetts (situated in Boston) or Massachusetts State Court (situated in Suffolk County).

    Authority of Arbitrator. With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief" or as otherwise expressly provided herein, the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

    Confidentiality. You and Golden Hearts shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

    Allocation of Arbitration Fees. If you assert a Dispute as an individual, you will be required to pay arbitration fees of $250 in connection with any arbitration under this section. You will be responsible for paying your own attorneys' fees.

    You and Golden Hearts agree that any claims or lawsuits, regardless of form, arising out of or related to the Website (including Services) or these Terms and Conditions, the Official Sweepstakes Rules or the Privacy Policy must BE FILED within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute. Each party shall bear its own costs in the arbitration proceedings. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

    Mass Arbitration. If 75 or more demands for arbitration are filed within one calendar year relating to the same or similar subject matter and sharing common issues of law or fact, JAMS’s Mass Arbitration Procedures and Guidelines and JAMS Mass Arbitration Fee Schedule shall apply. However, if 1,000 or more mass arbitration demands are filed consistent with the requirements of this Arbitration Agreement to individual arbitration, the relative advantages and efficiencies of arbitration may be lost. In that circumstance, you or we may elect to resolve the Dispute by a putative class action filed in the state or federal courts encompassing Suffolk County, Massachusetts. In that case, you and we agree not to object to the filing of a putative class action concerning the Dispute, but do not waive any jurisdictional or other rights under the U.S. Constitution or Federal Rules of Civil Procedure, including the right to contest class certification under Rule 23.

    Required Pre-Arbitration Dispute Resolution. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice, along with any supporting documents and information, of its intent to file for arbitration (“Notice of Dispute”). Golden Hearts will provide the Notice of Dispute such notice by e-mail to your e-mail address on file with Golden Hearts and you must provide the Notice of Dispute by e-mail to legal@goldenheartsgames.com. The Notice of Dispute must be personally signed with wet ink or digital signature (e.g., DocuSign) by you or a responsible employee of Golden Hearts. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Disputes and the statute of limitations will be tolled for 60-days from the date the Notice of Dispute is received. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied in good faith with the requirement when filing an arbitration demand and JAMS may not accept any demand without this certification.

    This "Arbitration Agreement" shall survive the termination of your use of the Services.

    Any and all communications regarding claims against Golden Hearts should be sent to legal@goldenheartsgames.com with physical copies mailed to:

    Golden Hearts Games Inc.
    Attn: Legal Department
    P.O. Box 747
    Framingham, MA 01701
    
    
25. ENTIRE AGREEMENT
    
    

    These Terms and Conditions, including, without limitation, the Official Sweepstakes Rules, the Official Game Rules and the Privacy Policy constitute the entire agreement between you and Golden Hearts and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Golden Hearts. Nothing in this subsection will prevent Golden Hearts from modifying these Terms and Conditions.

26. SEVERABILITY
    
    

    If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. For the avoidance of doubt, in the event that any portion of any particular section of these Terms and Conditions, including, without limitation, the section entitled "Binding Arbitration and Class Waiver", is deemed to be unenforceable, the balance of such section shall remain enforceable.

27. HEADINGS
    
    

    The headings titles in these Terms and Conditions are provided solely for convenience and have no legal or contractual significance.

28. FORCE MAJEURE
    
    

    We will not be liable in any amount for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, Internet outages, communications outages, pandemics, fire, flood, storm, natural cataclysm, governmental regulation, riots, strikes, civil commotion or war.