Terms and Conditions

Effective April, 2025

THESE TERMS REQUIRE ARBITRATION TO SETTLE DISPUTES AND INCLUDE A WAIVER OF YOUR RIGHT TO PURSUE ANY CLASS, GROUP OR REPRESENTATIVE CLAIM OR JURY TRIAL. SEE SECTION 16. USE OF YAYZ IS LIMITED TO ELIGIBLE USERS 21+. SEE COMPLETE ELIGIBILITY IN SECTION 1.3.

Welcome to Yayz (collectively with our affiliates, "Yayz," "we," "us" or "our"). These Terms of Service for Yayz Users (these "Terms") form a binding legal agreement between you and us regarding your use of the Yayz platform online or via any mobile application we may offer from time to time, which links to these Terms (collectively, the "Platform").

We hope you enjoy being a part of our community by participating in our social casino offering ("Social Casino") and the promotional offerings ("Sweepstakes") used to promote the Social Casino. Engaging in Social Casino and Sweepstakes offerings on the Platform is subject our separate Yayz Sweepstakes and Social Casino Rules ("Sweeps Rules") and all rules and requirements that may be included within each game in which you participate via the Platform ("Game-Specific Rules"). The Sweeps Rules and Game-Specific Rules form part of these Terms.

YOU ACKNOWLEDGE THAT THE PLATFORM DOES NOT OFFER REAL MONEY GAMBLING, AND NO ACTUAL MONEY IS REQUIRED TO PLAY. ANY PURCHASE IS OPTIONAL; PLAYING WITHOUT A PURCHASE IS POSSIBLE.

By registering for an account with us (your "Account"), using the Platform, including the Social Casino and/or Sweepstakes, in any way, or clicking "I accept" to show us you accepted these Terms, downloading any mobile application offered as part of the Platform (as further defined in Section 3.2 below, "Software"): (a) you acknowledge that you have read and understand these Terms, (b) you accept these Terms (including Sweeps Rules and Game-Specific Rules, which form part of these Terms) and agree to abide by these Terms; and (c) you represent that us that you are at least 21 years old and otherwise meet all of the eligibility criteria to use the Platform in Section 1.3 below. If you do not accept to abide by all of these Terms, do not click "I accept" for these Terms, do not register an Account or use the Platform, or immediately discontinue use of the Platform if you already registered an Account.

GENERAL TERMS

1.1. Required Arbitration, Class Action & Jury Trial Waiver. THESE TERMS REQUIRE BINDING ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND WAIVER OF A JURY TRIAL AS DESCRIBED IN SECTION 16 BELOW. PLEASE READ SECTION 16 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.

1.2. Eligibility. Use of the Platform generally is limited to: (a) natural persons at least 21 years of age (or older if the age of majority in their jurisdiction is higher); (b) who have sufficient capacity to contract and accept these Terms as a binding agreement between them and Yayz; (c) who are physically located within the United States in a state where use of the Platform is lawful as set forth in the separate Sweeps Rules when using the Platform in any way; (d) who at all times are in compliance with these Terms; and (e) who at all times maintain a valid personal email address that they control for communications from us. If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.

Engaging in the Social Casino and/or Sweepstakes is further subject to the additional eligibility requirements set forth in the Sweeps Rules (which include and build on the eligibility requirements here).

The following terms also apply to your use of the Platform. Please do not create an Account or otherwise use the Platform if you do not agree to these terms.

By creating an Account and providing a valid email address for your Account, you authorize and consent to us providing you with important announcements, relevant promotions, and other related communications relating to any and all aspects of the Platform, including games, via the Account and/or to then-current email address associated with your Account.

By using the Platform, you grant us irrevocable, perpetual, royalty-free, fully paid up, worldwide rights and license, with the right to sublicense and create derivative works, to use all data you provide or generate through your use of the Platform in any manner. Data including your personal information will be processed according to our Privacy Policy.

Your us of the Platform, and in particular participation in the Social Casino and/or Sweepstakes, is strictly limited to your use in your personal capacity for recreational and entertainment purposes only.

1.3. Registration. When you create an Account, you will be asked for a valid email address and to create a strong password. After registration, you will be given the opportunity to create a username or accept a username given by us. The password and username are needed access games on the Platform. You are required to keep your registration details up to date at all times. As a registered user, you can update your Account settings, including your email address, by logging into your Account and clicking "Account Settings." Also, if you forget either your password or username, you select "forgot password" from a Platform log-in page or email us for help. Please keep your username and password strictly confidential because you are responsible for all activity in your Account, whether authorized or not. If we may offer a feature that allows you to "save" or "remember" your password and this feature makes it possible for third parties to access your Account, you use this feature at your risk and it is not recommended for use from a shared or public device. We may, in our sole discretion, reject, change, suspend and/or terminate your username.

1.4. Your Account. As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accrued to your Account. You prohibited to allow any other person to: (a) access your Account; (b) access any games or other portions of the Platform or Software through your Account; or (c) accept or use your prizes, virtual currency (called "Coins" as described in the Sweeps Rules) and other items (including without limitation Digital Assets (as defined in Section 12.3)). Neither your Account, nor any virtual currency, nor any Digital Assets (defined in Section 12.3) are transferable to any other person or Account. You must immediately notify us if you discover or reasonably suspect the security of your Account has been compromised including by any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account. You are solely accountable for any actions taken through your Account, regardless of whether you performed them. You are entirely accountable for any actions that occur through your Account, regardless of whether you performed them. You recognize that your Account may be terminated if someone else uses it and engages in activities that violate these Terms or are otherwise illegal.

1.5. Communications with You. We need a valid email address to communicate with you in order to use the Platform and you may not be able to participate in games on the Platform if we cannot contact you by email regarding your use of the Platform (even if you elect to opt out of optional marketing messages from us within a marketing email). We may offer optional texting communications from time to time. We may also communicate with you via electronic or digital messages to your Account or via the Platform and via push notifications, updates or upgrades to the Software.

1.6. Employee Policy. Yayz employees may use the Platform for the purpose of testing the user experience but may not withdraw money. Our directors, contractors, affiliates, or partners may use the Platform without such limitation, but only if they do not have any access to material non-public information relating to the Platform that could lead to any advantage in their play on the Platform.

1.7. Changes to these Terms. We may change these Terms from time to time, at any time, without prior notice. Changes are effective upon our posting them to the Platform. We also reserve the right to provide you with notice of changes in other ways. You can see when these Terms were last revised by referring to date at the start of these Terms above. Your continued use of the Platform following changes to these Terms means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes. You may not modify these Terms. Email to us and the course of dealing between you and us will not modify these Terms.

SERVICES AND SOFTWARE

2.1. The Services. We may, with or without notice to you: (a) modify, suspend or terminate your access to the Platform or any aspect of it for any reason without liability; and (b) suspend or interrupt the operation of the Platform or any aspect of it as necessary to maintain, troubleshoot, secure or otherwise operate the Platform. We may suspend and/or close the Account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without prior notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, we may determine that your then-available virtual currency known as Coins (described in more detail in the Sweeps Rules), or other Account benefits, if any, will be forfeited, disgorged or recouped. Further, we may, from time to time, elect to work with third-party partners to offer portions of the Platform, including games. Additionally, in the event of a software glitch or technical malfunction, we reserve the right to revert, cancel, or void affected virtual and/or Coins, as necessary.

2.2. Software. If you wish to participate in the Social Casino and/or Sweepstakes via the Platform, you may be required to initiate access to certain mobile application from our third-party partners (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively "Software") for purposes of age and location verification. If the Software is required to be downloaded and you do not download the Software, you may not be able to participate in games or the relevant Social Casino and/or Sweepstakes. Whether you download the Software directly or from a third party, such as via an app store, your use of the Software is subject to these Terms. We license the Software to you under Section 12.2. Where the Platform or the Social Casino and/or Sweepstakes is deemed to be illegal under the laws of the jurisdiction in which you reside or are situated, you will not be granted any license to, and must refrain from accessing, the Platform or Social Casino and/or Sweepstakes.

2.3. Remote Access and Updates. We and any of our partners may choose to offer technical support for Software from time to time in our discretion. Such technical support may require that we or our partners remotely access your device on which the Software is installed ("Device"). Also, if and when our partners, or we update the Software or deploy patches, updates, and modifications to the Yayz Software, as applicable, we may do so through remote access of your Device without your knowledge. You hereby consent to these activities. You acknowledge that if we or our partners cannot remotely access your Device, then the Software may no longer work, and this may prevent you from participating in the Social Casino and/or Sweepstakes. We and/or our partners' access to your Device in such instances would be for limited purposes of to: (a) provide support; (b) update the Software; or (c) determine your location as use of the Platform may not be available in all locations at all times given applicable laws.

3.4. Beta Releases. For any offering that is identified by us or our partners as a "beta" version ("Beta Service"), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release. We and our partners reserve rights not to release a final release of a Beta Service or to alter any such Beta Services' features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for ordinary use and may contain errors affecting proper operation and functionality.

3.5. Third-Party Services. We use third-party services to assist us with age and location verification and payment processing for Yayz users. You may also be able to access other third-party websites or services via the Platform or Software. We do not control and thus are not responsible for any third-party websites, services, or content. Your use of third-party software, websites or services may be subject to that third-party's terms and conditions. You are solely responsible for your dealings with third parties (including advertisers and game developers).

YOUR REPRESENTATIONS AND WARRANTIES TO US

You represent and warrant to us that you at all times: (a) meet the terms and conditions of Section 1.2 above regarding your eligibility to use the Platform, (b) shall strictly abide by these Terms at all times, and (c) shall only provide us and our designees or partners with complete and accurate information, and timely updates to your information in order to maintain it as accurate and complete. Submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your Account and forfeiture of virtual currency and/or Coins and redeemed prizes.

YOUR INDEMNIFICATION OF US

You will, at your own cost and expense, indemnify and hold us and our owners, directors, officers, managers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys' fees, arising out of or relating to (a) your breach of these Terms; (b) any use or misuse of your Account, the Platform, the Software and the Social Casino and/or Sweepstakes by any person including yourself; (c) your violation of any law applicable to you or your use of the Platform; and/or (d) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.

PRIVACY

5.1. Privacy Policy. You are required to provide certain personal information to us and our service providers to register an Account and use the full functionality of the Platform, including for age and location verification. Our payment processors may have their own additional, separate payment verification requirements. We will process your personal information according to our Privacy Policy.

5.2. Device Information. Using the Platform, requires an Internet connection to our servers, and we or our partners may need to collect certain information from you and your Internet-enabled device ("Device") in order to make the Platform, Software and the Social Casino and/or Sweepstakes available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Social Casino and/or Sweepstakes from any Device that logs onto the Social Casino and/or Sweepstakes using your Account. We will use this information in accordance with the Privacy Policy.

5.3. Warning. Please use prudent security measures prior to sending us sensitive information because third parties can unlawfully intercept or access transmissions or private communications between you and us, and you acknowledge that internet transmissions are never completely private or secure. For your safety, you should never reveal any sensitive personal information in any Yayz-enabled public forums, message boards or chat features.

5.4. Promotional Activities. By registering for an Account, you allow us and/or any of our partners to publicly display your username, leaderboard positions, Coins (as defined in Section 8.1) currency accumulation and to use this information for any purpose. By using the Social Casino and/or Sweepstakes, you allow us and and/or any of our partners to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or any biographical information that you submit to us or our partners ("Biographical Information") for promotional, marketing or related business purposes, without compensation to you. However, we will never sell your Biographical Information without your prior written consent, and our use of your personally identifiable information is always governed by our Privacy Policy.

5.5. Gameplay Dialogue. We may use third-party websites and technologies to record or stream gameplay or textual chat dialogue occurring through the Social Casino and/or Sweepstakes, including your own dialogue ("Recordings"). We use Recordings to verify compliance with these Terms and as part of marketing and promotion of the Social Casino and/or Sweepstakes. Please do not submit personally identifiable information in gameplay dialogue—this information is available for anyone to see and use. You may record and distribute your own Recordings of your own gameplay for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) so long as your recording and distribution: (a) does not include other products or services that are competitive with the Social Casino and/or Sweepstakes; and (b) complies with these Terms.

5.6. Children. The Platform is not intended for use by minors, and in particular by children under 13. If you believe that a child under 13 has inadvertently gained access to the Platform, please contact us at support@yayz.com. We do not knowingly collect personal information from children under 13, and will immediately work to delete such information if inadvertently collected.

ACCEPTABLE USE POLICY

6.1. Rules of Conduct. You are personally responsible for your use of any and all aspects of the Platform, including Social Casino and/or Sweepstakes and Software. While using any of the foregoing, you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us and our partners, in our sole discretion. We and any of our partners reserve the right to disable a player's ability to upload profile photos or edit their username at any time.

Profanity, cursing, obscenities, or the use of asterisks or other "masking" characters to disguise such words, is not permitted.

You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language or content of any kind, as determined by us in our sole discretion.

Usernames will be displayed as 'Your User Name'; impersonating others is not allowed.

Do not share personal information (your name, phone number, home address, and password) with other users.

Do not post, transmit or upload any copyrighted or trademarked materials of a third party.

Information disclosed in chat rooms, message boards, gameplay dialogue or via eMessages is visible to other users and thus public, and neither we, nor our partners, is responsible for information you choose to disclose to others.

Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.

You may not attempt to participate in any service by means of automatic, macro, programmed or similar methods.

Money that you use to make purchases must not be tainted with any illegality and, in particular, it must not originate from any illegal activity or source.

You may not attempt to impersonate, deceive or scam another user for the purposes of illicitly obtaining their information or Account benefits.

You may not circumvent or attempt to circumvent limits on the Platform, including but not limited to masking or hiding your identity or the digital footprint of your device, utilizing a VPN, proxy server or any other device or software that hide, changes or otherwise manipulates your location. Further, you may not provide misleading or false information relating to your location or circumvent access to the Platform in a Prohibited Jurisdictions through the use of a third party or on behalf of a third party. You may not make any commercial use of any of the information provided on the Platform or through the Social Casino and/or Sweepstakes nor make any use of the Platform or the Social Casino and/or Sweepstakes for the benefit of a business. You shall be solely responsible for any and all content of any kind that You make available (by uploading or otherwise) or use through the Social Casino and/or Sweepstakes. You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Social Casino and/or Sweepstakes. In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity or suspected money laundering or other illegal activity to law enforcement and regulatory authorities. Any attempt to deliberately damage the Social Casino and/or Sweepstakes or undermine the legitimate operation of any game is a violation of criminal and civil laws, and should such an attempt be made, Yayz reserves the right to seek damages and other remedies from you to the fullest extent permitted by law. You further acknowledge that the forfeiture and return of any Coins as a result of a violation of these Terms shall in no way prevent Yayz from pursuing criminal or civil proceedings in connection with any abuse.

6.2. Your Content. You acknowledge that the Social Casino and/or Sweepstakes are a passive conduit for user content and that: (a) neither we, nor our partners, pre-screen user content or communications; or (b) control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. We may terminate your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service posted in the public forums. You may not upload to, distribute, or otherwise publish any content, information, or other material that (i) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion only. Subject to the foregoing, we may edit, refuse to post, or to remove any information or materials submitted, in our discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content.

6.3. Cheating, Fraud, and Abuse. In accessing the Platform or participating in the Social Casino and/or Sweepstakes or using the Software, you represent and warrant to us and our partners that you will not engage in any activity that interrupts or attempts to interrupt the proper operation of the Platform, Social Casino and/or Sweepstakes or Software. Anyone who engages in, participates in or displays behavior that may be interpreted, in the discretion of us and our partners only, as breach of these Terms, misuse of the Platform, unsportsmanlike conduct, unfair methods in participating in the Social Casino and/or Sweepstakes or using Platform or Software, including but not limited to, the opening and/or use of multiple Accounts (e.g., You may not have more than one registered Account with the same personal information, such as your name, email address, phone number, mobile device, and payment method) the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in games), deliberate transfer of money between Accounts (e.g., "money laundering"), transfer of Coins, harassment of other participants, utilizing a payment method in which you have no authorization to utilize, posting objectionable material, breach of these Terms, breach of security of your Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, "Abuse"), you will be subject to immediate sanction (as determined by us and our partners only), which may include, without limitation: (a) immediate termination of your Account and blocking of your access to the Platform and the Social Casino and/or Sweepstakes; (b) any Coins and redeemed prizes that you may otherwise have been entitled to receive shall be void and forfeited; (c) any Coins and redeemed prizes received by you shall be subject to disgorgement and/or recoupment; and (d) you may be charged a fine of up to $1,000 for engaging in unfair methods. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we, solely, or in conjunction with our partners, may institute or seek injunctive and other relief, and pursue civil and/or criminal prosecution by law enforcement and/or regulatory authorities, against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our and/or our partners' fees and expenses (including reasonable attorneys' fees) in connection with such efforts.

6.4. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to our systems, secured portions of the Platform, or any other user's Account, interfere with procedures or performance of the Social Casino and/or Sweepstakes, Software or the Platform or deliberately damage or undermine the Social Casino and/or Sweepstakes or Software or the Platform is subject to civil and/or criminal prosecution by law enforcement and/or regulatory authorities and will result in immediate termination of your Account and forfeiture of your Coins and redeemed prizes. You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Platform, Social Casino and/or Sweepstakes or your Account. As noted above, in the event of a software glitch or malfunction, we reserve the right to revert, cancel, or void Coins, as necessary.

6.5. Restrictions. Any use, reproduction or redistribution of the Platform, Software, or related products or services (including without limitation, Digital Assets) not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use the Social Casino and/or Sweepstakes such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Platform or the Social Casino and/or Sweepstakes; (d) interfering with any other party's use and enjoyment of the Social Casino and/or Sweepstakes, Software, or Platform (including cheating) or the Platform; and/or (e) attempting to gain unauthorized access to third party accounts, the Social Casino and/or Sweepstakes, Software, or Platform. In the event of a violation of this Section 7.5, we reserve all applicable rights, including, without limitation, bringing legal action against you, referring you for civil and/or criminal prosecution by law enforcement and/or regulatory authorities and immediate termination of your Account and forfeiture of your Coins and redeemed prizes.

GAMEPLAY AND VIRTUAL CURRENCY

Please see the Sweeps Rules for these details.

PRIZE REDEMPTION

Please see the Sweeps Rules for these details.

PAYMENTS

9.1. Fees. Fees and payments within the Social Casino and/or Sweepstakes that you pay to acquire Coins and participate in games ("Fees") and billing procedures are detailed at the point of billing or sale, and may change from time to time. If Fees are charged to your Account, you agree to pay those Fees. All Fees are stated in U.S. Dollars, must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. Yayz may, at its sole discretion, refund any unauthorized charges, deposits or withdrawals. The price of Coins may change at any time, but no price change will affect your past purchases. All Coins purchases and direct bank transfer payments are executed in U.S. Dollars. It is your responsibility to ensure that your nominated bank account can accept transactions in U.S. Dollars.

9.2. Billing. We may change Fees and billing procedures by updating the billing process with or without notice to you. By providing a payment method, you (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (b) authorize us, to charge you for Fees using your payment method; and (c) authorize us to charge you for any paid feature of the Platform that you choose to sign up for. We may bill you (1) at the time of purchase; or (2) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, neither we nor our partners (x) will be liable for any losses resulting from the error; and (y) will be required to correct the error or provide a refund. If we or our partners identifies a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys' fees and other legal fees and costs. If any of your purchases are found to be returned, reversed, or charged back, your Account may be suspended, at our sole discretion. In such cases, the amount of these purchases will become a debt you owe to us, and you must promptly remit payment through an alternative method. Until we receive payment, all purchases and Coins will be considered void, and you will not be permitted to redeem Sweeps Coins for prizes.

9.3. Deposits. We reserve the right to require a prepayment to your Account for all Fees due. If you are required to make a prepayment or deposit at any time while utilizing the Platform, you may be required to submit and maintain at all times the following current and correct information: your full name, email address, your permanent residential address, your phone number and your credit card or other payment information. Participating in games may require establishing a positive Account balance in any amount we or our partners determine. By submitting this information, you consent to allowing our partners to use your personal and payment information for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, processing payment transactions, and for any other purpose as detailed in our Privacy Policy. If you make a credit card deposit, an authorization request will be submitted to the issuing bank of at least Ten U.S. Dollars (US$10.00) to your credit limit, even if the actual amount charged may be lower. If at any time, you are able to withdraw funds from your Account, you may be required to submit your social security number or other identifying information to the payment processor to verify your identity. Failure to provide your social security number or other requested identifying information at that time may result in inability to process any withdrawals.

9.4. No Withdrawals. At this time, there is no mechanism in place to withdraw real currency from your Account, including any deposit for Fees. Further, Digital Assets, and Coins (whether Sweeps Coins or Gold Coins) cannot be withdrawn.

9.5. Closing Accounts; Forfeiture of Funds. If you close your Account, any deposited cash funds that may be in your Account will be held for 60 days. If you elect to reopen your Account within 60 days pursuant to Section 13 below, your deposited funds will remain in your Account. If you do not reopen your Account within 60 days, your deposited funds will be converted to Sweeps Coins under Section 10.4. If your Account is unilaterally closed or terminated for cause as allowed in these Terms, all funds, Digital Assets, and Coins in your Account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or Sections 3.1, 4, 7.3, 7.4, 7.5, 8.2.2, 8.3.3, 9.1.4, or 10.11 hereof, any funds in your Account may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed to other services or donated.

9.6. Account Monthly Maintenance Fee. We reserve the right, if your Account is inactive (i.e. you have not entered at least one (1) game) to close the Account after twelve (12) or more consecutive months of inactivity. We may but are not required to notify you of the inactivity. Any funds in your Account at closure would be forfeited and may be used to defray the costs of administration and enforcement of these Terms, allocated or disbursed to other services or donated.

9.7. Refund Policy. Unless otherwise required by law, no refunds are given.

9.8. Credit Card/ Use of Payment Processors. When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Social Casino and/or Sweepstakes. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your Account, forfeiture of Digital Assets, Coins and redeemed prizes in your Account, and pursuit of arbitration proceedings by us against you and civil and/or criminal prosecution by law enforcement and/or regulatory authorities. We may, at our sole discretion, utilize a payment agent and/ or payment facilitator to accept and/ or make payments on our behalf. A payment agent will have the same rights, powers, and privileges as we do under these Terms, and may exercise or enforce these rights on our behalf or in their own name. We will not be liable to you for any loss, damage, or liability arising from the payment agent or payment facilitator's negligence or actions exceeding the authority granted by us. Further, you consent to us, any of our payment agents, and/ or payment facilitators to storing your payment information (e.g., card number) for future purchases. By accepting these Terms, you authorize us, any of our partners, and payment agents and payment facilitators to store your payment credentials in accordance with applicable payment processing regulations.

9.9. Taxes. If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Sweeps Coins redemptions (in a calendar year) equals or exceeds the minimum threshold determined by the IRS (subject to adjustment). Depending on the state in which you reside, we may also send you an additional state tax forms. Without limiting the foregoing, we may withhold from your existing cash Account balance and/or from future prizes any amount required to be withheld by applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation. You remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.

9.11 Verification. As a part of these Terms, in order to access the Platform, participate in the Social Casino and/or Sweepstakes, receive Coins, or redeem prizes, we may collect location information from your device to verify your location. You agree that we have the right to conduct location, identification, and other verification checks as required by applicable laws, regulations, or relevant regulatory authorities, or as we may reasonably need to prevent financial crime, fraud, and access from our Platform from a Prohibited Jurisdiction. You agree that we may use third party providers to run external identification, location and other verification checks on you on the basis of the information provided by you. Until these verification checks are satisfactorily completed: (a) your prize redemption requests will remain pending; (b) pending receipt of Coins may remain pending; and (c) we may restrict your Account as we see fit, including suspending or closing the Account.

9.11.1 Verification Procedures. Verification by us or through a third party service provider procedures may include, but is not limited to, requests for and our examination of copies of your: (a) identification documentation such as a passport, social security number, or ID; (b) proof of address such as a utility bill; and (c) source of wealth or source of funds documentation such as a bank statement. If we are unable to complete any required identification, location, or other verification check to our satisfaction because you have not provided a requested document or provided adequate access in the required form within 30 days of our request, we are not obligated to continue the verification process. In such cases, we may, at our sole discretion, close or restrict your Account as we deem appropriate, or decide, to not award Coins or redeem prizes.

The Digital Millennium Copyright Act (DMCA) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Social Casino and/or Sweepstakes in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property right that is allegedly infringed;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located in this game; Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party can be contacted;

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

A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Please email your notice to legal@yayz.com.

PROPRIETARY RIGHTS

10.1. Your Content. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and all communications, materials, content and information that you submit to us or our partners, whether directly or through the Platform, or Software ("Content"), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us and our partners as non-confidential and non-proprietary. Subject to these Terms, we and our partners may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others' copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these Terms. You represent and warrant to us and our partners that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate these Terms or any Applicable Laws. If your Account is closed, cancelled or terminated, we and our partners may permanently delete your Content from our servers, and we have no obligation to retain or return Content to you.

10.2. Software License. Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Social Casino and/or Sweepstakes in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to: (a) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework; (b) create derivative works of the Software; (c) use the Software in whole or in part for any purpose except as expressly provided herein; or (d) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control. You acknowledge and agree that your license to use the Platform is subject to these Terms. If you do not agree with or violate these Terms, your license to use the Platform, including the Social Casino and Sweepstakes, may be terminated immediately.

10.3. Digital Assets. Some services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your Account, virtual trophies or virtual goods, are collectively referred to as "Digital Assets". You acknowledge that because all Digital Assets are created through the Software and/or the Social Casino and/or Sweepstakes via the Platform, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (a) waive the enforcement of such rights against us; and (b) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (i) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets; (ii) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets; and (iii) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of the Social Casino and/or Sweepstakes.

10.4. Ownership. All content of the Platform, all Yayz products and services, all Yayz logos, symbols, expansion names and symbols, play level symbols, trade dress or "look and feel", all Digital Assets and those portions of the Software and services which are property of Yayz as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of the Platform, Social Casino and/or Sweepstakes and/or Software does not convey or imply the right to use the Platform, Social Casino and/or Sweepstakes or Software in combination with any other information or products.

10.5 Lawful, Non-Commercial Consumer Speech. Neither Section 12.4 above, nor Section 7.5 above, nor any other portion of these Terms is intended to limit your ability to refer to Yayz, the Platform, our trademarks or our other properties in connection with the same for lawful, non-commercial consumer speech, such as honest reviews or complaints. For further clarity, no part of these Terms waives or limits any consumer rights under California Civil Code 1670.8, and consumers retain their right to make public statements (whether positive or negative) regarding their experiences with us or our offerings.

TERM AND TERMINATION

These Terms apply to you and to us from the date that you accept them as provided above, until termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may elect to voluntarily terminate these Terms at any time and for any reason by going to your Account webpage and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Social Casino and/or Sweepstakes, Platform, the Software and your Account and promptly uninstall and delete all copies of the Software. Upon termination of your Account, you will have 60 days to elect to reopen your Account and cancel the termination of your Account. After the 60 days, your Account will be permanently deleted, and all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use any and all Digital Assets, Coins or unredeemed prizes. Any request to reopen your Account, must be done within 60 days of termination. You can request to reopen your Account by contacting our support team at support@yayz.com. All reopening requests will be reviewed by our support team, and we elect to decline to reopen your Account at our sole discretion. Our right to enforce these Terms and your obligation to pay accrued Fees will survive any termination of your Account or cessation of use of the Platform. Any and all terms and conditions within these Terms which should, by their nature, survive after the termination of your Account or cessation of use of the Platform, will survive such termination or cessation (including without limitation Sections 3.2, 3.3, 4, 5, 6, 7.3, 7.4, 7.5, 10.5, 10.9, 12.1, 12.3, 12.4, 12.5, and 14 through 17 (inclusive) of these Terms and all limitations on eligibility in the Sweeps Rules).

DISCLAIMERS

In conjunction with any of our partners, we strive to keep the Platform up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Platform. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, INCLUDING THE PLATFORM, SOCIAL CASINO AND/OR SWEEPSTAKES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US AND/OR OUR PARTNERS (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SOCIAL CASINO, SWEEPSTAKES, SERVICES, YOUR ACCOUNT, SOFTWARE, THE PLATFORM AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM. We have no responsibility to enforce these terms for the benefit of any user. Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.

LIMITATIONS OF LIABILITY

13.1. General Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, OR OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR PARTICIPATION OR ANY OTHER ACT OR OMISSION BY US.

13.2. Monetary Limitation. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, AND OUR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS OR SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID US IN THE THIRTY (30) DAYS (NOT TO EXCEED $1,000) IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID US ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO STOP USING THE PLATFORM, SOCIAL CASINO AND/OR SWEEPSTAKES AND TO CLOSE YOUR CUSTOMER ACCOUNT.

13.3 Material Term. YOU RECOGNIZE AND AGREE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION 15 ARE MATERIAL AND BARGAINED FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS. Depending on where you reside and use the Platform, some of the limitations contained in Section 15 may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.

13.4 Negligence and Willful Misconduct. NOTHING IN THESE TERMS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF YAYZ FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY CAUSED BY YAYZ'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

13.5 Survival of Obligations. SECTION 15 SURVIVES THE TERMINATION OF THESE TERMS FOR ANY REASON.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

14.1 Arbitration. PLEASE READ THIS SECTION 16 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND YAYZ TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND YAYZ CAN SEEK RELIEF FROM EACH OTHER. If you reside in or access the Platform at any time while located in the United States, this Section 16 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms. By agreeing to these Terms, and to the extent permitted by applicable law, you and Yayz agree that any and all past, present and future disputes, claims or causes of action between you and Yayz arising out of or relating to these Terms, the Website, the Application, the Platform, the Social Casino, the Sweepstakes, your Account, the Software, the Rules, the formation of these Terms or any other dispute between you and Yayz or any of Yayz's licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this Section 16, (collectively, "Dispute(s)") will be governed by the procedure outlined below. You and Yayz further agree that any arbitration pursuant to this Section 16 shall not proceed as a class, group or representative action. Notwithstanding the foregoing, the term "Dispute" or "Disputes" excludes any controversy related to the enforcement or validity of intellectual property rights, which shall not be subject to the arbitration provisions of this Section 16.

14.2 Informal Dispute Resolution. Yayz wants to address your concerns without the need for a formal legal Dispute. Before filing a claim against Yayz, you agree to try to resolve the Dispute informally by contacting Customer Support via this form or by addressing a written letter via U.S. Mail to 6625 Badura Ave, Las Vegas NV 89118. (Attn: Legal Department). Similarly, if you have provided an email address to us as part of your Account registration, Yayz agrees to do the same. If a Dispute is not resolved within 60 days after the email noting the Dispute is sent, you or Yayz may initiate an arbitration proceeding as described below.

14.3. We Both Agree to Arbitrate. By agreeing to these Terms, and to the extent permitted by applicable law, you and Yayz each and both agree to resolve any Disputes - including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate - through final and binding arbitration as discussed herein.

14.4. Opt-out of Agreement to Arbitrate. You may decline this agreement to arbitrate by contacting arbitrationoptout@yayz.com within 30 days of first accepting these Terms and stating that you (include your first and last name, email address and postal address) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from using the Platform, but you and Yayz will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the Terms otherwise provided herein. For avoidance of doubt, in the event you exercise your right to opt out of the agreement to arbitrate, those limitations and restrictions applicable to litigation that are set out in Section 16.11 shall continue to apply to you. In addition, if you opt out of this agreement to arbitrate and at the time of your receipt of these Terms you were bound by an existing agreement to arbitrate disputes arising out of or related to your use of or access to the Platform, that existing arbitration agreement will remain in full force and effect. In other words, if you are bound by an agreement to arbitrate at the time you opt out of this one, that prior agreement to arbitrate will continue to apply to you.

14.5 Arbitration Procedures and Fees. You and Yayz agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effect at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). You and Yayz further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in Wilmington, Delaware, or, at either your or our election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees. The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law. Each party shall initially bear its own attorneys' fees, costs and disbursements arising out of the arbitration; however, the arbitrator may award to a prevailing party reimbursement of their reasonable attorneys' fees, costs, and disbursements (including, for example, expert witness fees and travel expenses) to the same extent a court applying the law governing the claim or Dispute could.

14.6 Proceedings Requiring Three Arbitrators. Notwithstanding any language to the contrary in Section 16.5, if a party either seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other Yayz users, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration Rules and Procedures ("JAMS Comprehensive Rules"). Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Sections 16.5 and 16.6 shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may - if selected by either party or through the JAMS selection process - participate in the arbitral panel. You and Yayz agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party's election.

14.7 Batch Arbitration. To increase efficiency of resolution, in the event 25 or more similar arbitration demands against Yayz, presented by or with the assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS, the JAMS Mass Arbitration Procedures and Guidelines ("JAMS Mass Rules") shall apply. In such event, the JAMS Process Administrator (as described in the JAMS Mass Rules) shall have the authority to implement the procedures set forth in the JAMS Mass Rules, including the authority to batch together individual arbitration demands into a single coordinated proceeding. All provisions of this Section 16.7 that are not in conflict with the JAMS Mass Rules, including the qualifications for the arbitrators, shall continue to apply.

14.8. Class Action and Collective Arbitration Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR YAYZ SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS JUST STATED IN SECTION 16.7); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, IN THE EVENT ALL OR ANY PORTION OF SECTIONS 16.6, 16.7 OR 16.8 OF THIS SECTION 16 (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES' AGREEMENT TO ARBITRATE (BUT NOT THOSE PROVISIONS OF SECTION 16 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.

14.9 Exceptions to Agreement to Arbitrate for Temporary Relief. Notwithstanding the other provisions of this Section 16 (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a court as authorized by Section 16.8 for temporary injunctive relief until an arbitrator has been empaneled and can determine whether to continue, terminate or modify such relief.

14.10 Claims or Disputes Must Be Filed within Two Years. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within two years from the date it accrues. If a claim or Dispute isn't filed within two years, it is permanently barred.

14.11. Choice of Laws. For any dispute, including any petitions to compel arbitration, if you reside or use our Platform in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of Delaware, U.S., without regard to conflict of law principles thereof. For all disputes not subject to arbitration, You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in Wilmington, Delaware, U.S. and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.

MISCELLANEOUS

These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason, in the course of legal proceedings concerning a Dispute between you and us, any provision of these Terms shall be held invalid or unenforceable in whole or in part, such provision shall be ineffective for purposes of that Dispute to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Social Casino and/or Sweepstakes, Platform, or Software. You consent to our providing you notifications about the Social Casino and/or Sweepstakes or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: support@yayz.com. Please print these Terms for your records. All other rights in these Terms are reserved.