TERMS AND CONDITIONS

Effective Date: [XXX]

Version: 1.0

Sky Outlet LLC (“Company,” “we,” “us” or “our”), 30 N Gould St Suite 24041, Sheridan, WY 82801, USA, operates this free-to-play social gaming Platform within the Permitted Jurisdictions, providing an engaging and responsible free-to-play social gaming experience. By accessing and using our Website, you agree to be bound by the following Terms and Conditions, which govern your use of our Services. These Terms and Conditions are essential and legally binding for all individuals accessing and participating on the Platform. For the avoidance of doubt, any reference to the “Sponsor” or “Promoter” in the Sweepstakes Rules (“Rules”) shall be understood as a reference to the Company.

A PURCHASE OR PAYMENT OF ANY KIND IS NOT REQUIRED TO PARTICIPATE IN THIS PLATFORM. PARTICIPATION DOES NOT DEPEND UPON THE PURCHASE OF ANY PRODUCT OR SERVICE OR PAYMENT OF ANY KIND. FURTHER, MAKING A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL ELIGIBLE PARTICIPANTS WILL HAVE AN EQUAL OPPORTUNITY TO WIN, REGARDLESS OF ANY TRANSACTION OR PAYMENT MADE.

THE WEBSITE DOES NOT OFFER REAL MONEY GAMBLING. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY IN ORDER TO PARTICIPATE IN ANY GAMES OR USE THE WEBSITE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING ANY GAMES. THIS WEBSITE AND THE SERVICES PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING.” NO ACTUAL MONEY IS REQUIRED TO PLAY.

The following definitions are applicable to these Terms and Conditions. Any terms defined within the Documentation and not explicitly defined herein shall have the meaning provided to them in the applicable Documentation.

You are solely responsible for all transactions conducted through your Account, whether authorized by you or not, including any third-party access to your Account and all activities associated with it. The Company will not be liable for any unauthorized purchases made through your Account, including those made by individuals who do not meet the criteria of an Eligible Participant.

If you believe that your Account information has been compromised or if you suspect any unauthorized access to your Account, you must notify the Company immediately at [XXX].

You acknowledge and agree that any Account adjustment made by the Company under this provision is final and binding, and that the Company’s determination of the amounts and basis for any such adjustment shall be conclusive. The Company shall not be liable for any loss, damage, or inconvenience arising from or in connection with any Account adjustment made in accordance with this provision.

It is solely your responsibility to ensure that you have thoroughly reviewed and understood these Terms and Conditions, as well as the Legal Documentation. The specific Rules for each Game, including but not limited to playthrough requirements, eligibility criteria, and the handling of irregular or fraudulent play, are incorporated into and form an integral part of these Terms and Conditions. By accessing or using the Website, you acknowledge and agree that you will be bound by this Documentation. We strongly advise you to carefully review the Rules to avoid any misunderstandings or disputes during your participation.

To the maximum extent permitted by applicable law, in the event of termination, suspension, or revocation of the Account or any subscription related thereto, or the removal or revocation of any Virtual Coins from the Account, no refund shall be issued, nor shall any Virtual Coins be credited, converted to cash, or reimbursed in any manner.

The Platform may also provide relevant information to financial institutions, payment processors, law enforcement authorities, or collection agencies as permitted by law. Such information may include, without limitation, records of Account funding and balance transactions (including the dates and amounts of deposits, withdrawals, and other balance adjustments), wagering and gameplay activity (including the Games played and the dates and times of play), and Prize and winnings history (including the dates and amounts of any Prizes or winnings credited to or debited from your Account), to the extent reasonably necessary to investigate, document, or respond to the chargeback, dispute, claim, reversal, return, or inquiry.

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, OR SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACTUAL, TORT-BASED, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THIS INCLUDES ANY LOST PROFITS, BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA, OR OTHER INTANGIBLE LOSSES, RELATING TO YOUR PARTICIPATION OR ANY ACTION OR OMISSION BY US.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE, OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS, OR SUPPLIERS WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE WHEN YOU FIRST MAKE SUCH CLAIM. IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS BEFORE MAKING THE CLAIM, YOUR ONLY REMEDY FOR ANY DISPUTE WITH US IS TO CEASE USING THE PLATFORM AND CLOSE YOUR ACCOUNT.

WE WILL NOT BE LIABLE FOR ANY ATTEMPTS BY YOU TO USE OUR WEBSITE BY METHODS, MEANS, OR WAYS NOT INTENDED BY US. WE ARE NOT OBLIGED TO PROVIDE REDUNDANT OR BACKUP NETWORKS AND/OR SYSTEMS.

NOTHING IN THESE TERMS AND CONDITIONS WILL EXCLUDE ANY LIABILITY WE MAY HAVE IN RESPECT OF FRAUD, DEATH, OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE.

IF ANY PART OF THESE TERMS AND CONDITIONS IS DEEMED UNLAWFUL, VOID, OR UNENFORCEABLE FOR ANY REASON, THAT PART SHALL BE CONSIDERED SEPARABLE FROM THE REST OF THESE TERMS AND CONDITIONS AND WILL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF THE REMAINING PROVISIONS.

All matters concerning the construction, validity, interpretation, and enforcement of these Terms and Conditions are governed in accordance with the laws of the State of Delaware, without consideration of choice of law or conflict of law rules. Subject to the Arbitration Agreement contained in Section 21, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms and Conditions will be submitted exclusively to state or federal courts in Delaware, and you and we consent to the venue and personal jurisdiction of those courts.

THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WHICH REQUIRE THAT ANY DISPUTE BETWEEN YOU AND US BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE OR MEMBER, OR AS PART OF ANY COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PRIVATE ATTORNEY GENERAL OR QUI TAM ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO BRING YOUR CLAIM IN COURT OR PRESENT IT TO A JURY, EXCEPT AS EXPRESSLY PERMITTED IN THESE TERMS AND CONDITIONS, AND YOU WILL NOT BE ABLE TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

All initial dispute resolution conferences shall be conducted individually, between the Company and you. Multiple individuals with Disputes cannot participate in the same informal dispute resolution conference.

To notify the Company of a Dispute, please send a Notice of Dispute to [XXX] (clearly marked “Notice of Dispute“ in the subject line) and include the following information:

(a)  your username and the email address associated with your Account;

(b)  your first and last name, as registered on your Account;

(c)  your residence address;

(d)  your telephone number;

(e)  a detailed explanation of the complaint or claim and the basis for it;

(f)  any specific dates and times associated with the complaint or claim (if applicable); and

(g)  the remedy, action, or amount you are seeking from the Company.

The Notice of Dispute described in this Section 20 is a condition precedent to commencing any formal arbitration proceeding under the Arbitration Agreement (Section 21), and to commencing any litigation by a user who has successfully opted out of the Arbitration Agreement. The parties agree that any relevant limitations period or other deadlines shall be tolled solely by the period during which the parties initiate and engage in this informal dispute resolution process.

ALL DISPUTES REGARDING YOUR USE OF THE PLATFORM ARE SUBJECT TO ARBITRATION ON AN INDIVIDUAL BASIS. THIS SECTION INCLUDES A PROVISION WAIVING THE RIGHT TO PURSUE ANY CLASS, GROUP, OR REPRESENTATIVE CLAIM AND MANDATING INDIVIDUAL ARBITRATION FOR DISPUTES BETWEEN YOU AND US, UNLESS YOU OPT OUT WITHIN THE TIME FRAME SPECIFIED BELOW.

ARBITRATION SHALL OCCUR SOLELY IN THE INDIVIDUAL CAPACITIES OF THE PARTIES. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR SEEK RELIEF THROUGH CLASS ACTIONS, COLLECTIVE ACTIONS, CONSOLIDATED ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, QUI TAM ACTIONS, OR ANY OTHER REPRESENTATIVE PROCEEDING.

For the avoidance of doubt, you agree that you may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Any attempt to coordinate, consolidate, or aggregate claims, including through the same legal counsel or related entities, shall be deemed a violation of these Terms and Conditions, except as expressly permitted under Section 21.12 (Mass Arbitration).

Severability of Class Action Waiver. If any portion of this Class Action Waiver is held invalid or unenforceable as to a particular claim, remedy, or form of relief by a court of competent jurisdiction, that claim, remedy, or form of relief shall be severed and may proceed in court, while the remainder of this Section 21 shall remain in full force and effect as to all other claims, remedies, and relief. In no event shall a finding of invalidity as to any one element of this Class Action Waiver result in the invalidity of the Arbitration Agreement as a whole.

(a)  New Users. If you have not previously agreed to an arbitration provision in connection with your use of the Platform, you may opt out of the Arbitration Agreement and Class Action Waiver in this Section 21 by sending written notice to us at [XXX] (clearly marked “Arbitration Opt-Out” in the subject line) within thirty (30) days of registering your Account.

(b)  Existing Users. If you registered an Account prior to the effective date of this Section 21, the Company shall present these dispute resolution provisions to you. You may opt out of the Arbitration Agreement and Class Action Waiver by sending written notice as described in Section 21.15(a) within thirty (30) days following your first access of the Platform on or after the effective date.

(c)  Required Content. For your opt-out notice to be effective, it must include your full name, the email address associated with your Account, your postal address, and the following exact statement: “I decline the agreement to arbitrate as contained in the Playsiesta Terms and Conditions.”

(d)  Independent Decision. 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 own expense) regarding the consequences of your decision.

(e)  Effect of Opt-Out. Opt-out requests sent after the applicable thirty (30)-day period shall be void. Failure to substantially comply with the requirements of this Section 21.15 shall render the opt-out invalid; provided, however, that minor or technical deficiencies that do not impair the Company’s ability to identify the User and process the opt-out shall not, by themselves, render the opt-out invalid. Even if you opt out of the Arbitration Agreement, all other provisions of these Terms and Conditions, including Section 20 (Customer Service and Initial Dispute Resolution Procedure) and Section 22 (Waiver of Jury Trial), shall continue to apply.

(f)  Pre-Existing Arbitration Agreements. If you are already subject to a prior arbitration agreement with the Company that has not been validly opted out of, that agreement shall remain in full force and effect, except to the extent superseded by the Company’s notice to existing users under Section 21.15(b).

EACH PARTY HEREBY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT, STATUTE, OR ANY OTHER THEORY. THIS WAIVER APPLIES WHETHER OR NOT YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 21.