TERMS OF USE

The terms of this agreement (“Terms of Use”) govern the relationship between you and ChilliGames (hereinafter collectively referred to as “ChilliGames”, “we” and/or “us”), regarding your use of ChilliGames’ games, websites, and related services (the “Service”). Use of the Service is also governed by ChilliGames’s Privacy Policy, which shall be incorporated with and considered an integral part of these Terms of Use.

Before accessing or using the Service, including browsing any ChilliGames’ website or accessing the Services, you must agree to these Terms of Use and the Privacy Policy.

By using the Service on the web site https://chilli.games/ (“Website”), you indicate that you are age 18 (or the legal age to gamble in the jurisdiction in which you reside, if higher) and that you understand and agree to these Terms of Use.

By using, or otherwise accessing the Service, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use, or otherwise access the Service. For the avoidance of doubt, use of the Service is void where prohibited under local legislation.

GENERAL PROVISIONS:

Grant of License and Limitations:

Subject to your agreement and continuing compliance with these Terms of Use and any other relevant ChilliGames’s policies, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license subject to the limitations below to access and use the Service for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose.

By visiting the Website and/or registering, you confirm that you have read and agreed to the Terms and Use of the Services, the Privacy Policy, as well as other terms that exist and/or will appear on the Website.

The following restrictions apply to the use of the Service:

You shall use the Service only for non-commercial purposes. Accept prior to receiving written approval from us you shall not use the Service to advertise, solicit, or transmit any commercial advertisements, including spam e-mail or repetitive messages to anyone. You shall not use the Service or any portion thereof (including but in no way limited to any image, graphic, title) in conjunction with any other games, products, services or software without ChilliGames’s express written consent.

OWNERSHIP

Intellectual Property Rights

All rights, title and interest in and to the Service (including without limitation any website design, text, graphics, photographs, games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, underlying source code, software and other proprietary rights) are owned by or licensed to ChilliGames. We reserve all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its game and the Service. You acknowledge you are not allowed to reproduce the Service or any part of it in any form whatsoever without ChilliGames’s express written consent. To the extent that any material may be downloaded or printed then such material may be downloaded to a single personal computer only and hard copy portions may be printed solely for your own personal and non-commercial use. Under no circumstances shall the use of the Service grant you any interest in any intellectual property rights owned by us or by any third party whatsoever. No rights whatsoever are granted to use or reproduce any trade names, trademarks or logos except if specifically permitted in writing by the owner of such rights. Any breach of this requirement which we become aware of will be notified within reasonable time to the respective intellectual property right owner for undertaking appropriate action and enforcement.

UPDATES TO THE SERVICE

You understand that the Service is an evolving one. ChilliGames may require that you accept updates to the Service and to ChilliGames’ games. You acknowledge and agree that ChilliGames may update the Service with or without notifying you. You may need to update third party software from time to time in order to receive the Service and play ChilliGames’ games.

DISCLAIMER OF WARRANTIES

You warrant and undertake to ChilliGames that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Service in any manner which could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through the Service. You must not attempt to gain unauthorised access to the Service, the servers on which the Service is stored or any server, computer or database connected to the Service. When breaching this provision we will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

Any use of the Service in violation of these License Limitations is strictly prohibited and may result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances:

  • Use exploits, automation software, bots, hacks, mods, or any unauthorized third party software designed to modify or interfere with the Service or any ChilliGames game, without express written consent from us.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any ChilliGames game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service.
  • Attempt to gain unauthorized access to the Service, Servers, or networks connected to the Service by any means other than the user interface provided by ChilliGames.
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
  • Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person or group, including ChilliGames employees, including customer service representatives.
  • Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a ChilliGames employee.
  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services.
  • Obtain any information from the Service or any ChilliGames game using any method not expressly permitted by ChilliGames.

ChilliGames reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself. ChilliGames reserves the right to take action as a result, which may include prohibiting you from using the Service in whole or in part.

The Service is provided on an “as is” and “as available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. ChilliGames does not warrant that you will be able to access or use the service at the time or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the Service are free of viruses or other harmful components.

LIMITATION OF LIABILITY, SOLE AND EXCLUSIVE REMEDY, INDEMNIFICATION

ChilliGames shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, post data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these terms of use or the service itself, whether based on contract, tort, or any other legal theory, and whether or not ChilliGames has been advised of the possibility of such damages. You acknowledge and agree that if you have not paid anything to ChilliGames during such time period, your sole remedy (and ChilliGames’s exclusive liability) for any dispute with ChilliGames is to stop using the service.

Some jurisdictions do not allow the exclusion of certain warranties or other limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that ChilliGames may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of ChilliGames’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Use shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of ChilliGames.

You agree to indemnify, defend, and hold ChilliGames harmless for any claim, demand, damages, or other losses, including reasonable attorneys’ fees, asserted by any third party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Use, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behaviour.

LINKS TO THIRD PARTY SITES

The Website may contain links to other websites (“Linked Sites“). The Linked Sites are not under the control of ChilliGames and ChilliGames is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ChilliGames is not responsible for webcasting or any other form of transmission received from any Linked Site. ChilliGames is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ChilliGames of the site or any association with its operators. You acknowledge that ChilliGames cannot be held liable for the content of Linked Sites or for any consequence arising from you accessing the same and you acknowledge that such access or use of Linked Sites shall be is at your sole option, discretion and risk.

COLLUSION, FRAUD, CRIMINAL ACTIVITY, OR DECEPTIVE CONDUCT:

The following is prohibited:

  • Fraud, use of malware, bots, and other illegal activities on the Website.
  • Providing information to third parties.
  • Any criminal activity or any other activity with criminal consequences.
  • Collusion or attempting to collude, and/or intending to participate directly or indirectly in any collusion scheme with another player while playing on the Website.

ChilliGames will take all measures to exclude, as well as to identify collusions and their participants, and appropriate measures will be taken against these individuals. ChilliGames is not liable for any loss or damage suffered by you or any other user of the Website services as a result of collusion, fraud, or other illegal actions. All measures are at the sole discretion of ChilliGames.

You shall immediately notify ChilliGames by sending an appropriate e-mail to Customer Support if you suspect that any person is colluding or conducting fraudulent activities.

If ChilliGames suspects you of fraud, we may terminate your access to the Website services at any time without prior notice. ChilliGames reserves the right to inform the relevant law enforcement authorities.

You are prohibited from using the services and software of the Website to commit any fraudulent, illegal actions and transactions in accordance with the laws of a particular jurisdiction. If it is established or revealed that you have committed such actions, ChilliGames may suspend or block your access to the Website. In such cases, you are not entitled to make any claims against ChilliGames.

OTHER PROHIBITED ACTIONS:

The following is prohibited:

  • Use of aggressive, offensive language, profanity, threats, or humiliation towards other players or employees of ChilliGames.
  • Any actions that may affect the Website operation.
  • Distribution of viruses or similar malicious programs, any mass distribution of information.
  • Distortion, deletion or other modification of any information on the Website.
  • Copying the Website or any part thereof in any form without obtaining ChilliGames's written consent.
  • Hacks or other tricks against the Website's security system. If ChilliGames suspects you are trying to hack, access or otherwise circumvent the security system or software, ChilliGames will immediately prohibit your access to the Website services. ChilliGames will also have to inform the relevant law enforcement agencies.

ChilliGames is not liable for any loss or damage that you or a third party may suffer as a result of information technology failures caused by hacker attacks, malicious software when using the Website and/or downloading any materials from the Website and/or any links located on the Website.

AGREEMENT PERIOD AND CANCELLATION:

ChilliGames may prohibit your access to the Website without prior notice if:

  • ChilliGames has decided to stop providing services in general or specifically to you.
  • You try to hack the system or participates in collusion.
  • You manipulate the software.
  • Your use of the Services is for purposes that may be considered illegal under current legislation.
  • You post humiliating or offensive information on the Website.

VIOLATION OF THE TERMS OF USE:

You undertake to comply with all the Terms and Use of the Services set out on ChilliGames's Website.

In case of violation of the Terms of Use, you undertake to fully compensate ChilliGames for expenses/losses incurred as a result of violation of the Terms of Use (including legal costs).

You undertake to compensate for damages, protect the interests of ChilliGames, its non-branded partners and their respective companies, as well as ChilliGames's employees in problematic situations arising as a result of:

  • Violations of the Terms of Use by you.
  • Violations of the law or the rights of third parties by you.
  • Use of access to the services by any other person using your identification data with or without your permission.

If you violate the Terms of Use and rules, ChilliGames is entitled to:

  • Notify you of detected violations and demand that the violation of the rules of the Service be stopped immediately.
  • Block you access (with or without prior notice).

RIGHTS AND OBLIGATIONS OF THE PARTIES:

Your obligations:

  • Comply with the Terms of Use of the Service.
  • Provide accurate and truthful personal data in full (including updated personal data in case of changes).
  • Immediately notify ChilliGames of unauthorized receipt by a third party of your personal data, if he/she became aware of such a fact.
  • Be liable for the truthfulness, accuracy, and relevance of his/her personal data provided to ChilliGames.

Obligations of ChilliGames:

  • Provide Services on organizing and conducting games on the Website in accordance with the current Terms of Use.
  • Inform you about the recipients of his/her personal data (third parties) upon receiving such a request. The timing of storing the received personal data shall apply to the entire relationship of the parties determined by the Terms of Use of the game posted on ChilliGames's Website, as well as for the next five years from the date of termination of the relationship of the Parties (to resolve possible controversial issues and comply with the applicable laws on combating money laundering and countering the financing of terrorism and criminal activities).

Your rights:

  • Use the Services of the Website following the current Terms of Use.

Rights of ChilliGames:

  • Update, amend, edit and modify the Terms of Use, as well as the commercial terms associated with the Service. The updated Terms of Use will be available on the Website from the moment they are posted.
  • Make changes to the Website operation (online system for organizing and conducting Service), the procedure for providing services, as well as the requirements to access and use the services following the current legislation.
  • Terminate the contractual relationship with you provided for in the Terms of Use of the Services posted on ChilliGames's Website if you fail to provide consent to personal data processing for the purposes specified in these Terms of Use, as well as the Privacy Policy.

COMPLAINTS AND NOTIFICATIONS:

If you want to file a complaint about the Website, we recommend contacting Customer Support.

You agree that records on the server will be used to determine the outcome of a dispute.

You accept the results of all Services and recognizes that the result is determined by a random number generator. If there is a discrepancy between the information displayed on your screen and the balance available on ChilliGames's server, the balance available on ChilliGames's server is considered decisive.

DISPUTE RESOLUTION AND LAW

If a dispute arises between you and ChilliGames, we strongly encourage you to first contact us directly. These Terms of Use and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by the laws of Curacao, without regard to conflict of law decisions.

The submission to the jurisdiction of the courts referred to in abovementioned clause shall not (and shall not be construed so as to) limit the right of the ChilliGames to take proceedings against you in any other court of competent jurisdiction nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdiction, whether concurrently or not.

SEVERABILITY

You and ChilliGames agree that if any portion of these Terms of Use or of the ChilliGames Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provision of the terms, which shall continue to be in full force and effect.

GENERAL PROVISIONS

Assignment

ChilliGames may assign or delegate these Terms of Use and/or the ChilliGames Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without ChilliGames’ prior written consent, and any unauthorized assignment and delegation by you is ineffective.

Entire Agreement

These Terms of Use and any documents expressly incorporated by reference herein (including the ChilliGames Privacy Policy), contain the entire understanding of you and ChilliGames, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and us with respect to the Service.

No Waiver

The failure of ChilliGames to require or enforce strict performance by you of any provision of these Terms of Use or of the ChilliGames Privacy Policy or failure to exercise any right under them shall not be construed as a waiver or relinquishment of ChilliGames’ right to assert or rely upon any such provision or right in that or any other instance.

Except as expressly and specifically set forth in these Terms of Use, no representations, statements, consents, waivers, or other acts or omissions by ChilliGames shall be deemed a modification of these Terms of Use nor legally binding, unless documented in physical writing, hand signed by You and a dully appointed offer of ChilliGames.

Notices

We may notify you via postings on Website, or any other communications means to contact information you provide to us. All notices given by you are required from you under these Terms of Use or the ChilliGames Privacy Policy shall be in writing and addressed to: [email protected]. Any notices that you provide without compliance in this Section on Notices shall have no legal effect.

Equitable Remedies

You acknowledge that the rights granted and obligations made under these Terms of Use to ChilliGames are of a unique irreplaceable nature, the loss of which shall irreparably harm ChilliGames and which cannot be replaced by monetary damages alone so that ChilliGames shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof or damages) in the event of any breach or anticipatory breach by you.

You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service or any ChilliGames game, exploitation of any advertising or other materials issues in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages (if any).

Force Majeure

ChilliGames shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of ChilliGames, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond ChilliGames’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.