Terms of Service

memphis_1

DATE LAST MODIFIED: 28 October 2024

NOTE: THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING”. No actual money is required to play, and the Service is intended for entertainment purposes only.

These Terms of Use (“the Terms” or “TOU”) form a binding agreement between You and salsita app (“Us, “We” or “Sponsor”) which provides all of the terms and conditions governing Your access and use of any related applications as well as Your creation of Your User Account, use of the Games on the Site and any transactions or dealings with Us in any way (collectively, the “Services”).

You represent and warrant that You have the right, authority, and capacity to accept these Terms and to abide by them, that You are of legal age and that You have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By checking the acceptance, or by accessing the Games or creating a User Account, You confirm that You have read and agree to be bound by these Terms.

1.Changes to Terms of Use and Incorporated Policies

a.From time to time, We may modify or amend these Terms. If we do so, any such modifications or changes shall be reflected in the TOU on the Site at Terms of Use. We will also notify You by email regarding any material changes to the TOU. Whether You receive or review such notifications, You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Terms Of Use as posted on the Site prior to accessing the Site or partaking in any Services. Your further use of the Services after any changes are posted shall constitute further consent and agreement to the Terms as changed or amended.

b.From time to time, We may also modify or amend the incorporate our Privacy Policy and Responsible Play Statement (collectively the “Incorporated Policies"). If we do so, any such modifications or changes shall be reflected in the Incorporated Policies as posted on the Site. You agree that You will be bound by any such changes and that it shall be Your responsibility to check the Incorporated Policies as posted on the Site prior to accessing the Site or partaking in any Services. Your further use of the Services after any changes are posted shall constitute further consent and agreement to the Incorporated Policies as changed or amended.

c.If You have any questions about these Terms or the Incorporated Policies, please contact customer support using the Contact Us.

d.In the event of any conflict between the Terms and the Incorporated Policies, the Terms shall control.

2.Playing Conditions

a.Virtual Coins. The Services may include a virtual, in-game tokens ("Virtual Coins") including, but not limited to chips, coins, credits, or points, that may be provided for free or purchased through the Services. On the Site, Games are currently played with Gold Coins. Subject to Your agreement and continuing compliance with these Terms, we grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, license to access and use the Service, solely for Your personal, private entertainment and no other reason. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Coins with the Services, You have no right or title in or to any such Virtual Coins appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. You acknowledge and agree that Your license to use the Service is limited by these Terms and if You do not agree to, or act in contravention of, these Terms, Your license to use the Service may be immediately terminated. We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Coins as it sees fit in its sole discretion to the extent legally permissible, and We shall have no liability to You or anyone for the exercise of such rights.

b.The transfer or sale of Virtual Coins by You to any other person is strictly prohibited. Nor may You sell or assign Your User Account to any other person under any circumstances. Any attempt to do so is in violation of these Terms, will result in in closure and forfeiture of the User Account, and may result in a lifetime ban from the Services and possible legal action.

c.These Terms do not grant You any right, title or interest in the Service.

d.This Service is licensed, not sold, to You. You agree that we and our licensors own all rights, title and interest in and to the Service, including all intellectual property rights therein as further specified below in Section 10, and that we retain ownership of the Service even after installation on Your device. You agree not to delete or in any manner alter the copyright, trademark or other proprietary rights notices or markings which may appear on the Service.

e.Except as identified and specified in these Terms, You agree not to:

· sell, rent, distribute, transfer, license, sub-license, lend or otherwise assign any rights of any part of the Service to any third party;

· copy, modify, create derivative works of the Service (including but not limited to any software that forms part of the Service), including, without limitation, making adaptations or modifications to the Service;

· reproduce the Service or any part in any form or by any means;

· exploit the Service in any unauthorized way whatsoever, including without limitation, by trespass or burdening network capacity;

· disassemble, decompile, reverse engineer, or attempt to derive the source code of the Service, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;

· make the Service available to multiple users by any means, including by uploading the Service to a file-sharing service or other type of hosting service or by otherwise making the Service available over a network where it could be used by multiple devices at the same time;

· misrepresent the source of ownership of the Service;

· scrape, build databases or otherwise create permanent copies of any content derived from the Service; or

· use the Service in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party.

3.Eligibility

Your eligibility for continued use of the Service is contingent on Your ongoing compliance with these Terms, in particular:

a.You are over 18 years of age or the minimum legal age of majority whichever is higher in the jurisdiction of Your residence and are, under the laws of the jurisdiction(s) applicable to You, You are legally allowed to participate in the Games and access the Service;

b.You understand and accept that we are unable to provide You with any legal advice or assurances and that it is Your sole responsibility to ensure that at all times You comply with the laws that govern You and that You have the complete legal right to use the Service;

c.You will monitor Your User Account and ensure that no child under the age of 18 can access the Service using Your User Account. You accept full responsibility for any unauthorized use of the Service by minors and You acknowledge that You are responsible for any use of the Service, including use of Your credit card or other payment instrument by minors;

d.You do not reside in and will not access the Games or Service from the states of Washington, Idaho, (USA) or Quebec (Canada) (the “Restricted Territories”);

e.You participate in the Games strictly in Your personal capacity for recreational and entertainment purposes only;

f.all information that You provide to us during the term of validity of these Terms is true, complete and correct;

g.You will not be involved in any fraudulent or other unlawful activity in relation to Your participation in any of the Games and You will not use any software-assisted methods or techniques (including but not limited to “bots” designed to play automatically) for Your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;You are allowed to have only one Customer Account, including any Inactive Account on the Platform. If you attempt to open more than one Customer Account, all accounts you have opened or try to open may be suspended or closed.

4.Your User Account

a.Only one User Account is permitted per person.

b.You are required to keep Your personal details up to date. If You change Your address, email, phone number or any other contact details or personal information please contact customer support. The name that You provide to us at registration must be match any identification You provide for Your User Account verification.

c.You confirm that You will not share Your User Account or password with another person or let anyone else access or use Your User Account without our written permission. You will not access or use a User Account which has been rented, leased, sold, traded, or otherwise transferred from the account creator without our written permission.

d.If You become aware that or have reasons to suspect that the security of Your User Account may have been compromised, including loss, theft or unauthorized disclosure of Your password and User Account details, You must notify us immediately.

e.You are responsible for maintaining the confidentiality of Your User Account and accept responsibility for all uses of the User Account.

f.We reserve the right to close Your User Account if it is inactive for a period of sixty days or longer. You agree that We are not required to give notice to You prior to taking such action, although we may choose to do so in our sole discretion.

g.If You wish to close Your User Account, You may do so at any time by contacting customer support. Closing Your User Account will forfeit all continued access to and right to use, enjoy or benefit from any Virtual Coins associated with Your User Account.

h.We reserve the right to refuse or close a User Account at our sole discretion.

i.You may close Your User Account at any time by contacting customer support.

j.User Account registrations may be limited to a one account registrations per IP address at our sole discretion.

5.Games and Contests

a.In addition to these Terms, Games offered on the Service may have their own rules which are available on the Service. It is Your responsibility to read the rules of a Game before playing. You must familiarize Yourself with the applicable terms of play and read the relevant rules before playing any Game.

6.Verification

a.You acknowledge that we are entitled to conduct any verification checks (including but not limited to credit background checks) that we may reasonably require and/or that are required of us under applicable laws and regulations or by relevant regulatory authorities. You agree to comply with all verification checks in a timely manner.

b.You agree that we may restrict Your opening or use of a User Account pending any verification checks having been completed to our satisfaction.

c.The documents required may include identification documentation (including photo identification) including but not limited to a government issued identification document such as a passport or driver’s license; a utility bill that matches the address registered on Your User Account; and source of wealth or source of funds documentation such as a payslip or bank statement.

d.In the event that any verification check cannot be completed because You have failed to provide any document, we requested from You in the form that we require within 40 days’ from the date the document was first requested, then we may, in our sole discretion, deactivate or otherwise restrict Your User Account.

e.You acknowledge and agree that we may use third party service providers to run external identification, location verification and other verification checks based on the information provided by You from time to time. You must enable and allow “Locations Services” on Your device or PC in order to operate the Services or access your User Account.

7.Intellectual Property

a.These Terms confer only the right to use the Service and they do not convey any rights of ownership in or to the Service.

b.All rights, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service will remain our sole property or where licensed from a third party their sole property.

c.Your use of the Games will not convey any ownership rights in the intellectual property to You. The titles, source and object codes, game client and server software, the “look and feel” of the Games, sounds, musical compositions, audio-visual effects, concepts and methods of operation, layout, text, data, User Accounts, themes, objects, characters and character likenesses, character names and character profile information, stories, dialogue, catch phrases, locations, artwork, animations files, images, graphics, documentation, gaming history and recording of game play, transcripts of any chat rooms, and moral rights, whether registered or not, and all applications related to the above will remain vested in us or any third party supplier of the Games.

d.Notwithstanding, anything to the contrary in these terms, You acknowledge and agree that You shall have no ownership or other property interest in the User Account, and You further acknowledge and agree that all rights in and to the user account are and shall forever be owned by and inure to the benefit of us.

8.Responsibility for User Generated Content

a.You are responsible for complying with all laws applicable to Your User Content. You agree not to submit to the Service, or send to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party’s rights.

b.You will not provide inaccurate, misleading or false information to us or to any other user of the Service. If information provided to us, or another user of the Service, subsequently becomes inaccurate, misleading or false, You will notify us of such change immediately.

c.We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at Your own risk.

d.You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.

e.You further hereby grant to us the unconditional, right to use and exploit Your name, likeness and any other information or material included in any User Content and in connection with any User Content or Your User Account, without any obligation to You. You waive any rights of attribution and/or any moral rights You may have in Your User Content, regardless of whether Your User Content is altered or changed in any manner except as prohibited by law.

f.You acknowledge and agree that all User Content whether publicly posted or privately transmitted to the Service is at Your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Service.

g.Prohibited Content; User Content that is prohibited in the Service includes, but is not limited to:

· User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

· Harassing User Content;

· User Content of a sexual or offensive nature;

· User Content that promotes terrorism or religious hatred;

· User Content that promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;

· User Content of commercial nature without authorization from us; or

· Content promoting the services of another business or competitor.

9.Third Party Websites & Content

a.The Service may contain links to content owned and/or operated by third parties, for instance third parties who may invite You to participate in promotional offers or rewards programs or third-party advertisers or payment providers. Any separate charges or obligations that You may incur in Your dealings with these third parties are Your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.

b.Our inclusion of a link to a third-party website, services or content in the Service does not imply our endorsement, advertising, or promotion of such websites, services or content or any materials available and we make no guarantee as to the content, functionality, or accuracy of any third-party website.

c.By accessing a third-party website, services or content You accept that we do not exercise any control over such websites, services or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from You. We are not responsible for privacy policies, or for the collection, use or disclosure of any information those sites may collect. It is always best to read and understand the terms of service and privacy policy applicable to any third-party website, services or content You may access.

d.We do not endorse, do not assume and will not have any liability or responsibility to You or any other person for any third-party products, services, materials or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to You and for any and all damages, claims, liabilities and costs it may cause You to suffer, directly or indirectly, in full or in part.

10.Disruptions, Errors & Omissions

a.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" AND “AS AVAILABLE” 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.

b.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.

c.We are not liable for any downtime, server disruptions, errors, lagging, or any technical or political disturbance to the Service or Games, nor attempts by You to participate by methods, means or ways not intended by us.

d.We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Service including, without limitation, delays or interruptions in operation or transmission, loss or corruption of data, communication or lines failure, any person’s misuse of a Service or any errors or omissions in the Service.

e.In the event of a Service system malfunction then all Game play on the Service will be void.

f.In the event of an error or malfunction in a Game, then all Game play resulting from the error or malfunction will be voided.

g.We may temporarily suspend the whole or any part of the Service for any reason at our sole discretion. We may, but will not be obliged to, give You as much notice as is reasonably practicable of such suspension. We will restore the Service, as soon as is reasonably practicable, after such temporary suspension.

h.We reserve the right to declare participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error on the pay-table, win-table, minimum or maximum stakes, odds or software.

i.We retain absolute discretion in the event of a discrepancy between the result showing on a user’s device and the server software. Such discretion includes the authority to recognize the result showing on the server software as the official and governing result.

11.Indemnity and Limitation of Liability

a.To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners and licensors will not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, personal injury or property damage, loss of data, loss of use, loss of anticipated savings, accrued but wasted expenditure, cost of procurement of substitute goods or services, loss of good-will, or other intangible losses, resulting from:

· Your access to or use of or inability to access or use the service;

· any conduct or content of any third party on the service, including without limitation any content, products or services provided by any advertisers, affiliate advertising networks, rewards program operators or payment providers we may cooperate with or any other users of the service;

· any content and/or information obtained from the service or reliance upon the service or any part thereof;

· unauthorized access or use or alteration of any material or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we knew of or ought to have known of the possibility of such damages.

b.In some jurisdictions the applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Nothing in these terms removes or supersedes Your rights as a consumer based on mandatory provisions of law.

c.To the maximum extent permissible under applicable law, our total liability and/or the liability of our affiliates is limited to the total amount You have paid us in the one hundred and eighty (180) days immediately preceding the date on which You first assert any such claim.

d.We are not under any circumstances 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. We cannot and do not guarantee continuous, uninterrupted, or secure access to the Service.

e.We are not under any circumstances liable for any damages, claims, liabilities or costs that You may incur or suffer in connection with any content, products or services offered by any third parties we cooperate with.

f.You waive and release us and our subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities arising from or related to any act or omission of such third parties in connection with Your use of the service.

g.You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of Your use of or access to the Service, Your breach of these Terms, or Your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit Your liability in respect of any indemnity given by You under these Terms.

h.Nothing in these terms will operate so as to exclude our liability for death or personal physical injury that is directly and proximately caused by our negligence or willful misconduct.

12.Miscellaneous

a.Entire Agreement. These Terms constitute the entire agreement between You and us with respect to Your use of the Service and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to Your participation.

b.Tax. You are solely responsible for any taxes which apply to Your use of the Service.

c.Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside of our reasonable control.

d.Severability. If for any reason any provision of the Terms or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.

e.Assignment. These Terms are personal to You, and are not assignable, transferable or sub-licensable by You except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to You.

f.Entire Agreement. These Terms contain the entire understanding between You and us, and supersede all prior understandings between You and us relating to the subject matter.

g.Business Transfers. In the event we undergo a change of control, merger, acquisition, or sale of assets, Your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.

h.Waiver. Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.