GOLDEN HEARTS GAMES INC.
TERMS AND CONDITIONS
IMPORTANT NOTICES: These Terms and Conditions have been updated as of March 5, 2026, and shall supersede and replace all prior Terms and Conditions.
THIS WEBSITE AND THE SERVICE PROVIDED HEREIN DO NOT OFFER “REAL MONEY GAMBLING.” NO ACTUAL MONEY IS REQUIRED TO PLAY, AND THE SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY.
THESE TERMS AND CONDITIONS INCLUDE AN ARBITRATION AND CLASS ACTION WAIVER AGREEMENT WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND GOLDEN HEARTS GAMES INC. SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY, UNLESS OTHERWISE PERMITTED BY THESE TERMS AND CONDITIONS.
OPT-OUT. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION ON A RETROACTIVE BASIS AND AS TO ANY FUTURE CLAIMS, AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE INSTRUCTIONS PROVIDED IN THE “BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER” – SEE SECTION 24 OF THESE TERMS AND CONDITIONS, BELOW. OPT OUT REQUESTS SENT AFTER THE THIRTY (30) DAY PERIOD SHALL BE NULL AND VOID. EVEN IF YOU OPT OUT OF THE ARBITRATION AGREEMENT IN SECTION 24, ALL OTHER REMAINING SECTIONS OF THESE TERMS AND CONDITIONS APPLY.
IT IS AN EXPRESS CONDITION OF THIS AGREEMENT THAT ANY CLAIMS YOU MAY HAVE AGAINST GOLDEN HEARTS ARISING FROM ANY PAST, PRESENT OR FUTURE USE OF TRACKING SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF A META PIXEL, "COOKIES," "GET REQUESTS" OR JAVASCRIPT IN HTML CODE OF THE COMPANY'S WEBSITE THAT INTERCEPTS, TRACKS, STORES, AND ANALYZES YOUR INTERACTIONS WITH THE COMPANY'S WEBSITE FOR PURPOSES OF OBTAINING DATA OR TARGETED ADVERTISEMENT ARE HEREBY FULLY WAIVED, RELEASED AND COMPROMISED. GOLDEN HEARTS SHALL HAVE NO LIABILITY TO YOU FOR ANY PAST, PRESENT OR FUTURE CLAIMS ARISING OUT OF OR RELATED TO THE USE OF TRACKING TECHNOLOGY.
Acceptance of Terms. You represent and warrant that You have the right, authority, and capacity to accept these Terms and to abide by them, that You are of legal age and that You have fully read and understood the Terms. You must read these Terms carefully in their entirety before checking the box for acceptance of these Terms. By using, or otherwise accessing the Service, or clicking to accept or agree where that option is made available, You confirm that You have read and agree to these Terms. If You do not agree to these Terms, then You may not access or use the Platform or Service. All of your activity on the Website or Platform and all or your transactions with Golden Hearts, including all events which occurred before your acceptance of these Terms, shall be subject to these Terms.
The Service is not sponsored, endorsed, or administered by, or associated with Apple®, Facebook® or Google®. You understand that You are providing your information to Golden Hearts only and not to Apple®, Facebook® or Google®.
These terms and conditions of use ("Terms and Conditions") constitute a legal agreement that governs your relationship with Golden Hearts Games Inc. and its affiliated companies (collectively referred to as "Golden Hearts" or "We" or "Us") regarding your use of the any Golden Hearts branded websites and any Golden Hearts related services, which include applications for mobile devices and internet sites (the "Services"). These Terms and Conditions apply to any Services provided by or any website operated by Golden Hearts, including, without limitation, the website located at www.goldenheartsgames.com or any other sites on which these Terms and Conditions are posted, and/or where any Golden Hearts application, Services, or product is licensed, downloaded, or otherwise accessed through third party sites or sources (in each case, the "Website").
By registering with, using or otherwise accessing the Services, including browsing the Website, accessing the Services with a mobile device or installing software obtained from the Website, you acknowledge that you have read, understood, accepted and agreed to be bound by these Terms and Conditions and any other terms and conditions referenced and incorporated herein, including, without limitation, the Official Sweepstakes Rules ("Official Sweepstakes Rules") and the Privacy Policy referenced herein ("Privacy Policy"). If you do not accept these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy, you are not authorized to use the Services.
We may modify these Terms and Conditions, Official Sweepstakes Rules, and the Privacy Policy at any time and such modification will be effective upon the date the modified Terms and Conditions, Official Sweepstakes Rules, or Privacy Policy are posted to the Website. You are responsible for reviewing these Terms and Conditions, Official Sweepstakes Rules, and Privacy Policy for modifications prior to accessing, using, or downloading the Services. By your continued use of the Services, you acknowledge and agree that you shall be bound by any such modifications. If you do not wish to be bound by the modified Terms and Conditions, Official Sweepstakes Rules, and Privacy Policy, you must cease use of the Services immediately.
PRIVACY
A link to the Golden Hearts Privacy Policy is provided here. The Privacy Policy governs any personal information you provide to us. By using the Services or accessing the Website you agree to the terms of the Privacy Policy.
RIGHT TO USE AND LIMITATION ON USE
Subject to your agreement and continued compliance with these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy, Golden Hearts grants you a non-exclusive, non-transferable, revocable limited right to access and use the Services through a supported web browser or mobile device solely for your own non-commercial, entertainment purposes. This license does not include any right of sublicense to third parties.
You represent and warrant that you are eligible for and have full right and authority to use the Services and to be bound by these Terms and Conditions. You further agree that your use of the Services shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you will not:
- Modify, adapt, translate, reverse engineer, or disassemble any portion of the Services.
- Restrict or inhibit any other person from use of the Services or interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available or violate any requirements, procedures, policies, or regulations of such networks.
- Create false personas, multiple identities, use bots or other automated software programs to defraud Golden Hearts or any third party or take any other action which otherwise violates these Terms and Conditions and/or the terms of service of any third-party applications or social networks through which the Services are accessed.
- Attempt to obtain passwords or other private information from other users of the Golden Hearts Website ("Players") including personally identifiable information.
- Use the Services if you have previously been removed, prohibited, or banned by Golden Hearts.
- Develop, distribute, or use any software programs or other applications that allow an individual to cheat or obtain an unintended advantage while using the Services.
- Exploit or distribute any game error or technical glitch that provides an unintended advantage.
- Rent, lease, sell, trade, or otherwise transfer or share your account to or with anyone without Golden Hearts' written permission.
- Use the Services to post or transmit any virus, worm, Trojan Horse, easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
- Attempt to use the Services on or through any website or service that is not authorized by Golden Hearts.
You acknowledge and agree that:
- Virtual Coins (including Gold Coins and Sweeps Coins) are licensed to you, not sold, and you receive only a limited, non-exclusive, non-transferable, revocable license to use them within the Services;
- You have no ownership interest, property right, or other legal or equitable right, title, or interest in or to any Virtual Coins, regardless of any consideration offered or paid for such Virtual Coins;
- Virtual Coins have no cash value and do not constitute currency or property of any kind;
- Virtual Coins are not transferable or assignable and may not be exchanged for cash or any other thing of value outside the Services;
- We may modify, suspend, terminate, or eliminate Virtual Coins at any time, for any reason, in our sole discretion, without notice or liability to you;
- We have no obligation to provide any refund or compensation in connection with any modification, suspension, termination, or elimination of Virtual Coins;
- Your license to Virtual Coins terminates immediately upon termination or suspension of your account for any reason, and all Virtual Coins associated with your account will be forfeited without compensation; and
- The value or price of any Virtual Coins, including any "purchase" price, reflects only the license fees charged by us and does not reflect any ownership value or property interest.
ELIGIBILITY
To create an account, access or participate in the Services, you must be a legal resident of the United States of America, including any of the U.S. Territories, be at least 18 years old or older (for Alabama and Nebraska, a person must be 19 years of age or older; for Mississippi and Puerto Rico, a person must be 21 years of age or older), and otherwise eligible to use the Services in the state in which you reside. It is prohibited to access the Games or Service from the states of Michigan or Washington, or any jurisdiction outside the United States or as otherwise posted within these Terms and Conditions or on the Platform (the "Restricted Territories"). For the avoidance of doubt, the Service is available in all fifty (50) states (excluding Michigan and Washington), the District of Columbia, and the U.S. territories. Failure to comply with this condition will result in the permanent closing of your account. For the avoidance of doubt, your use of the Services is void where prohibited by law.
ACCOUNT CREATION, ACCOUNT ACCESS, ACCOUNT INFO & PASSWORDS
You may create only one (1) account per person and up to two (2) accounts per household to participate in the games on the Website. For avoidance of doubt, closing an account does not allow or enable you to create a new account for the purpose of violating the provisions in this Section 4.
A person is defined as an individual identity with the same name (including nicknames, shortened versions of names, or misspelled versions of names); OR the same address; OR the same credit or debit card(s); OR the same phone number; OR the same social security number.
A household is defined as a physical location with a street address or an Internet Protocol ("IP") Address or the device (same phone, tablet, laptop, computer, or another similar device). For the sake of clarity, the use of fictitious or "made-up" names or "borrowing" another individual's identity, even with his or her permission, is strictly prohibited.
In the event Golden Hearts discovers that you have created or are utilizing more than one (1) account per person or more than two (2) accounts per household, Golden Hearts reserves the right to suspend, close or terminate ANY or ALL of these accounts and void ALL Coins purchased, gifted, bonused or won, as well as cancel ALL pending redemptions or payouts. Accounts closed for violating this provision will NOT be refunded and Coins will NOT be transferred from a closed account to an open account even if Golden Hearts, in its discretion, elects to allow one (1) account to remain open.
To create a free account, visit www.goldenheartsgames.com and complete the following steps:
- Provide your first and last name, e-mail address, a password, the zip code of your residence, date of birth, and a promo code (optional). You may also use your Facebook Login or Google Sign-In to create your user account on the Website; if you do so, you do not need to create a password, but you are still required to provide the additional information noted above.
- Carefully review these Terms and Conditions, the Official Sweepstakes Rules, and the Privacy Policy and then check the box indicating that you agree and accept to these (if the designated box is not checked, you will NOT be able to create an account on the Website).
- Upon completing the initial step of creating your free user account you will be prompted to provide your mobile phone number. We use your mobile phone number to complete an initial account verification by SMS texting you a numeric code. You will be prompted to enter the numeric code on the Website after receiving the SMS text message. Your mobile phone number will ONLY be used to send you this initial account verification message (see Section 5 below for additional information). If you do not have a mobile phone number, the Website will provide instructions explaining how you can contact our dedicated Support Team to complete the initial account verification process.
IN CREATING AN ACCOUNT, YOU UNDERSTAND AND AGREE THAT THE DECISIONS OF GOLDEN HEARTS AS TO ALL ASPECTS OF USE OF THE WEBSITE AND PARTICIPATION IN THE GAMES ARE FINAL AND BINDING IN ALL RESPECTS AND NOT SUBJECT TO APPEAL. IF YOU DO NOT AGREE DO NOT CREATE AN ACCOUNT, PLAY ANY GAMES OR OTHERWISE USE THE WEBSITE.
IN CREATING AN ACCOUNT, YOU CONSENT TO GOLDEN HEARTS COLLECTING, STORING, USING AND SHARING YOUR PERSONAL INFORMATION AS SET FORTH IN THE WEBSITE'S PRIVACY POLICY. WITHOUT LIMITATION, YOU CONSENT TO GOLDEN HEARTS CONTACTING YOU VIA E-MAIL AND/OR POSTAL MAIL (AS APPLICABLE) REGARDING YOUR USE OF THE WEBSITE, INCLUDING YOUR PARTICIPATION IN GAMES AS WELL AS PROMOTIONAL OFFERS.
In creating an account, you represent and warrant that all information provided is truthful and you agree to be bound by the limit of one (1) account per person and/or two (2) accounts per household. Should Golden Hearts determine that any information is false or fraudulent or if you attempt to create multiple accounts and/or utilize multiple identities relative to account creation, such activities constitute tampering as per Rule 17 below, your account(s) will be canceled and you may be prohibited from future use of the Website; and, in addition, Golden Hearts reserves the right to pursue any and all available legal remedies against you so as to protect its rights.
It is the accountholder's sole responsibility to periodically review his/her/their account information and update as appropriate. Golden Hearts recommends that you allow up to five (5) business days for changes in account information to be reflected on the Website. Golden Hearts disclaims any liability arising from the accountholder's failure to maintain the accuracy of his/her/their account information. The preceding includes, by way of example only, the receipt of redemption payouts being delayed (or not received at all) due to inaccurate, incomplete, or invalid contact information.
It is the accountholder's sole responsibility to maintain the security of his/her/their email address, password or his/her/their Facebook Login or Google Sign-In account information (as applicable). Golden Hearts recommends that you securely store your password (or your Facebook and/or Google account information) so as to prevent disclosure, as your account will contain your personal information. This includes sharing access to your account information with family members, including children whether said children are 18 years or older. Golden Hearts disclaims any liability arising from the accountholder's failure to safeguard his/her/their password (or his/her/their Facebook and/or Google account information) and any resultant harm caused by unauthorized access to his/her/their account. If you believe that your account has been compromised, it is your sole responsibility to immediately report same to Golden Hearts using the functionality on the Website and to notify Facebook or Google (if applicable). While Golden Hearts will endeavor to promptly deactivate your account, Golden Hearts disclaims any liability in conjunction therewith.
Any dispute as to the ownership of a given account will be resolved by Golden Hearts in its sole discretion. In making such a determination, Golden Hearts shall take into account (but will not necessarily be bound by) the identification of the individual who is: (a) the authorized cardholder of any credit or debit card used to make a purchase on the account; (b) is the authorized accountholder of any bank account used to make a purchase or receive a redemption payout; (c) is the authorized owner of the mobile phone used to verify the account; or (d) is the authorized account holder of the e-mail address provided at the time of account creation. In all cases, Golden Hearts reserves the right to request a form or multiple forms of photo identification and any other documentation that Golden Hearts feels would be appropriate to verify account ownership.
SMS MESSAGING ALERTS AND INITIAL ACCOUNT VERIFICATION
As part of the account creation process, Golden Hearts requires each individual to complete an initial account verification process using a personal mobile phone and phone number. You are limited to only one (1) account on the Golden Hearts Website, and you may only use your personal mobile phone number to verify your one (1) account. Once a mobile phone number is used to verify one (1) account this mobile phone number will not be able to be used to verify any additional accounts.
Golden Hearts will only use your mobile phone number to send you this initial account verification. Your mobile phone number will not be used for any other communications unless you explicitly consent to receive such messages.
Messages and data rates may apply. Depending on your text plan, you may be charged by your carrier (e.g. - Verizon, Sprint, AT&T, etc.). Your carrier does not guarantee that this initial account verification text message will be delivered, and your carrier will not be liable for delayed or undelivered messages. You will be able to request the initial account verification message is resent.
Although Golden Hearts will only use your mobile phone number to send you the initial account verification text, you can reply to any text with the word STOP to stop receiving any future account verification messages. You can also reply with the word HELP at any time. Texting HELP will return the following message: Golden Hearts Games: Please enter your verification number on the website or contact support@goldenheartsgames.com for assistance. Msg & data rates may apply.
For more information, please visit our Privacy Policy.
Gold Coins
ALL PURCHASES OF GOLD COIN ARE FINAL AND NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR UNUSED GOLD COINS.
Golden Hearts is a social casino game with casino-style games. Golden Hearts does not offer real money gaming and making a purchase is completely voluntary and optional. Participation in the games on the Website can be done by using the Gold Coins virtual currency or the free Sweeps Coins. For more information about Sweeps Coins, including how to earn or acquire them; how to use them to play; and how to redeem or exchange them please see the Official Sweepstakes Rules.
Gold Coins can be purchased as defined on the Website and are subject to change from time to time at Golden Hearts discretion. As an incentive to make certain purchases of Gold Coins Golden Hearts may elect to offer free promotional Sweeps Coins with a purchase of Gold Coins, however, Golden Hearts is under no obligation to offer free promotional Sweeps Coins with every purchase of Gold Coins.
Gold Coin purchases may be subject to sales and use tax in select states or jurisdictions, where applicable by law. Any appliable sales tax will be displayed at the time of purchase and will be displayed separately but included in the final price charged to your selected payment method.
Golden Hearts may limit the number of purchases an accountholder can make, including limiting how many Gold Coins are available to the respective account holder or limiting the total number of transactions or total cumulative value of purchases made on an hourly, daily, weekly, monthly, or annual basis. Golden Hearts reserves the right, at its sole discretion, to temporarily or permanently suspend an account holder's access to purchase Gold Coins.
By using a payment method (e.g. - VISA, MasterCard, American Express, Discover credit or debit card; a Skrill account; or savings/checking account) to purchase Gold Coins, the Authorized account holder hereby affirms that he/she is the lawful owner of the payment method account used to make any purchase(s) on the Website.
It shall be a violation of these Terms and Conditions for any Authorized accountholder to submit payment using any payment method that is NOT owned by the same Authorized accountholder.
Golden Hearts reserves the right to temporarily suspend an account or prevent an account holder from making any further purchases in the event a credit or debit card, Skrill account or savings/checking account is declined by Golden Hearts' payment processor for any and all reasons. Golden Hearts may require the accountholder to provide proof of identity and ownership of any payment method, including requesting a valid, non-expired photo ID as well as proof of card ownership in the form of current bank or credit card statement bill that matches the name and address on the photo ID and entered on the Website at the time of the purchase.
If any purchases of Gold Coins are charged back or disputed with your payment method provider, ANY and ALL Gold Coins, Sweeps Coins, pending redemptions or payouts shall be immediately voided and forfeited. Furthermore, your account and access to the Website will be permanently suspended unless such chargeback is canceled or withdrawn within 14 days of receipt.
SWEEPS COINS, SWEEPSTAKES PRIZES AND OFFICIAL SWEEPSTAKES RULES
Golden Hearts offers a promotional marketing program where you may receive free Sweeps Coins to participate in promotional games on the Website. There are official rules ("Official Sweepstakes Rules"), which apply to the actual participation in the promotional games on the Golden Hearts' Website as well as other aspects of your experience on the Website not defined in these Terms and Conditions. These Official Sweepstakes Rules are very important and should be reviewed prior to playing any of the games. The Official Sweepstakes Rules can be found here.
REFER-A-FRIEND PROGRAM
The Golden Hearts "Refer-a-Friend" program is a free program that rewards accountholders for referring new individuals to join the Golden Hearts Website. Active account holders can find a unique, custom referral link by visiting the Refer-a-Friend page after signing into their respective Golden Hearts account. By sharing the unique referral link with friends, family, acquaintances or other individuals, the accountholder can earn a free reward of Unplayed Sweeps Coins for use on the Golden Hearts Website.
To be eligible for the free Unplayed Sweeps Coins reward, the individual or individuals that you refer MUST click on your unique referral link; create a brand-new account on the Golden Hearts Website; and make an initial purchase of Gold Coins with a package price of at least ten dollars ($10.00). Your referral reward of Unplayed Sweeps Coins will be awarded immediately upon the completion of these specific steps by each of your referrals. The amount of the free Unplayed Sweeps Coins reward is subject to change based on promotions or other special events, but in all cases, the free Unplayed Sweeps Coins reward will never be less than 10.00 Unplayed Sweeps Coins. Please see the Refer-a-Friend page for the current reward amount.
It is a violation of these Terms and Conditions to refer yourself or to use fake or fictitious names or identities to abuse the program. All referrals are subject to our account restrictions of no more than one (1) account per person and no more than two (2) accounts per household as defined in Section 5 above. Golden Hearts reserves the right to reject or void any referral and/or referral reward if it concludes that a referred account belongs to the referring account holder or if the identity of the referral appears fictitious or cannot be verified by proof of photo ID upon request. Accounts deemed to be abusing this Refer-a-Friend program will be prevented from referring any individuals and may be subject to account closure and forfeiture of any Unplayed or Redeemable Coin rewards.
Golden Hearts reserves the right to suspend, cancel and/or terminate the Refer-a-Friend program at any time without notice or compensation.
DORMANT ACCOUNTS AND INACTIVITY FEES
Any account that does not have activity, defined as signing into the Golden Hearts Website, for at least 60 days will be considered dormant. To prevent your account from becoming dormant make sure to sign in at least one (1) time every 60 days.
In the event your account has been dormant for at least 30 days, Golden Hearts may - but is not obligated to -- send you a final warning notice that your account will become dormant if you do not sign in within the following 30 days. By returning to the Website and signing in you will restart the dormant account period.
Upon 60 days of account inactivity, all of your Gold Coins and your Unplayed Sweeps Coins will be canceled and voided. In the event you have Redeemable Sweeps Coins, your account will be charged a monthly dormant account fee of 10.00 Redeemable Sweeps Coins each month until your balance of Redeemable Sweeps Coins is less than 10.00. Once your balance of Redeemable Sweeps Coins is less than 10.00 the final month's dormant account fee will be equal to your remaining balance of Redeemable Sweeps Coins.
In the event you are dormant for 180 days; have never made a purchase with your account; and your Gold Coin, Unplayed Sweeps Coin and Redeemable Sweeps Coin balances are each zero (0.00), Golden Hearts will permanently close your account and erase all of your personal information.
INTELLECTUAL PROPERTY OWNERSHIP
Golden Hearts and its licensors retain all rights in the content within the Services (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, the "Content"). The Content is protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may only use the Content in connection with your use of the Services for personal, noncommercial, entertainment purposes. The Content may not be used by you in any other manner, or for any other purpose, without our express written permission and/or the consent of any third party we deem necessary, except as provided for herein. You hereby acknowledge that you do not acquire any ownership rights by using the Services or by accessing any of the Content. Any unauthorized use by you of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and other applicable regulations and statutes.
Further, by accessing or using the Services, you acknowledge and agree that any name, logo, trademark, brand, or service mark ("Trademarks") used with the Services is owned or licensed by us and may not be used by you without our prior written approval. Nothing contained in the Services should be construed as granting by implication, estoppel, or otherwise, any license or right to use any such Trademarks without our written consent and/or consent of such third party that owns the Trademarks.
Any communications or materials you transmit to Golden Hearts by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, are and will be treated as non-confidential and non-proprietary. Golden Hearts is free to use, reproduce, modify, disclose, transmit or post any ideas, concepts, know-how or techniques contained in any communication you send to Golden Hearts for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information, without any compensation to you or acknowledgment that you were the source of such materials.
COPYRIGHT NOTICE
Golden Hearts respects the intellectual property rights of others. If you are the owner of copyright and you believe that your work has been used in the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with a notice meeting all of the requirements of the Digital Millennium Copyright Act ("DMCA"). Your notice should contain the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a clear description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located in the Services;
- your address, telephone number, and email address;
- 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 by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act in the copyright or intellectual property owner's behalf.
Before you file your DMCA notice, please carefully consider whether or not the use of the copyrighted material at issue is protected by the Fair Use doctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Golden Hearts Games Inc.
Attn: Copyright Agent
P.O. Box 747
Framingham, MA 01701By email: copyright@goldenheartsgames.com
ACCOUNT AND ACCESS TERMINATION
You agree that Golden Hearts, in our sole discretion, may to the extent legally permissible terminate your access to or use of the Services, at any time and for any reason, including without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or the Official Sweepstakes Rules or if we feel that your communications with our staff are harassing, vulgar, inappropriate, defaming or threatening in any manner. Upon any such termination, your right to use some portions, if not all, of the Services will immediately cease. You agree that any termination of your access to or use of the Services may occur without prior notice, and that we may immediately deactivate or delete your account, and password, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we will not be liable to you or any third party for any termination of your access to the Services or to any such information or files or we will be required to make such information or files available to you after any such termination.
LIMITATION OF LIABILITY
BY ACCESSING, USING OR DOWNLOADING THE SERVICES YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK AND THAT NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR ANY OF GOLDEN HEARTS, ITS AFFILIATES, SUBSIDIARIES OR ANY OF THEIR EMPLOYEES, AGENTS OR CONTRACTORS (COLLECTIVELY "RELEASED PARTIES") ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF DATA, LEGAL FEES, EXPERT FEES, COST OF PROCURING SUBSTITUTE SERVICES, LOST OPPORTUNITY, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH THE ACCESS TO, USE OF, RELIANCE ON ANY MATERIAL OR CONTENT ON THE SERVICES, OR BROWSING OF THE SERVICES OR THROUGH YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE TOTAL LIABILITY OF GOLDEN HEARTS AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID GOLDEN HEARTS IN THE NINETY (90) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. WITHOUT LIMITING THE FOREGOING, RELEASED PARTIES ASSUME NO RESPONSIBILITY, AND WILL NOT BE LIABLE, FOR ANY DAMAGES RELATING TO OR CAUSED BY ANY VIRUSES, BUGS, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES. RELEASED PARTIES CANNOT AND DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SERVICES.
RELEASE OF LIABILITY
You indemnify, release and agree to hold harmless Golden Hearts Games, Golden Hearts Games's Affiliates; as well as Paysafe, Apple, Leader Bank, Banc of California, Meta, Inc., Facebook, Inc., Alphabet Inc. and Google, Inc. from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property arising out of or relating to your use of the Website.
DISCLAIMER OF WARRANTIES
THE SERVICES, IN WHOLE AND IN PART (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND USER MATERIALS), ARE PROVIDED, TRANSMITTED, DISTRIBUTED, AND MADE AVAILABLE "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY: (A) THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; (B) THAT DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED; (C) THAT THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; (D) AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY INFORMATION OR MATERIALS IN CONNECTION WITH THE SERVICES; (E) THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; OR (F) THAT TRANSMISSIONS OR DATA WILL BE SECURE.
EXCEPTIONS
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR WARRANTIES AND LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
HACKING OR TAMPERING WITH THE SERVICES
CAUTION: YOU AGREE THAT ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE THE WEBSITE, UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON), USE A PROGRAM OR "BOT" TO PLAY MULTIPLE GAMES CONCURRENTLY OR TO AVOID ACTUALLY OPERATING THE GAME OR OTHERWISE ATTEMPT TO DEFRAUD GOLDEN HEARTS IN CONJUNCTION WITH THE WEBSITE (INCLUDING BUT NOT LIMITED TO ANY GAME OFFERED THEREON) WILL RESULT IN IMMEDIATE CANCELLATION OF ACCOUNT, PROHIBITION FROM FUTURE USE OF THE WEBSITE AND, IN SUCH INSTANCE, GOLDEN HEARTS RESERVES THE RIGHT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST SUCH PERSON.
DISPUTES WITH OTHERS
Golden Hearts reserves the right, but has no obligation, to monitor and/or manage disputes between you and other Players of the Services. If you have a dispute with other Players, you release and hereby agree to indemnify Golden Hearts from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
LEGALITY
You are subject to all laws of the geography in which you reside and from which you access the Services and are solely responsible for obeying those laws. If you believe that any of the Services violate the laws of the jurisdiction in which you might use the Services, you agree that you will not use the Services. You agree Golden Hearts cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. Golden Hearts makes no representations or warranties, implicit or explicit, as to your legal right to access or participate in the Services nor shall any person affiliated, or claiming affiliation, with Golden Hearts have authority to make any such representations or warranties. Golden Hearts reserves the right to block access to the Services from any jurisdiction.
LINKS TO THIRD PARTY WEBSITES
Although the Services may contain links to third party websites, we are not, directly, or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with the linked website, unless specifically stated therein. By accessing, using, or downloading the Services, you acknowledge that we have not reviewed all the websites linked to the Services and are not responsible for the content of any off-site pages or any other site linked to the Services. Your linking to any other off-site pages or other sites is at your own risk.
UPDATES TO THE SERVICES
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to the extent legally permissible: modify or discontinue the Services; modify or remove any of the information contained in the Services; limit the Services' availability to any person, geographic area, or jurisdiction we choose; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all Players of the Services. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any content contained in the Services. Your continued use of the Services after such changes will indicate your acceptance of such changes.
GOVERNING LAW
Subject to the Arbitration Agreement contained in Section 24, which is governed by the Federal Arbitration Act, the parties agree that these Terms and Conditions and the related Service are governed by and shall be construed in accordance with the laws of the State of Delaware USA without regard to its principles of conflicts of law. To the extent this governing law provision is finally determined to be unenforceable as it relates to the use of the Service, the parties agree that the governing law shall in such event be the applicable law in the jurisdiction in which the User who is a party to the dispute properly utilizes the services. Nothing herein is intended to limit a party's right to appeal a determination by a court of law that the laws of the State of Delaware are unenforceable.
INITIAL DISPUTE RESOLUTION PROCEDURE
23.1 The parties shall use best efforts to resolve informally any customer service issue (a “Dispute”) promptly and in good faith.If for some reason, You are not satisfied or your Dispute is not resolved, You may then pursue arbitration as set out below in Section 24.However, You must first submit a Notice of Dispute as set forth in this Section 23 and attempt to resolve the Dispute informally, as set out in this Section, with Golden Hearts prior to and as a condition precedent to initiating arbitration or any formal proceeding over a Dispute as required by Section 24.
23.2 Notice of Dispute Required Prior to Arbitration.The party initiating a claim over a Dispute must give notice to the other party in writing of its intent to initiate an informal dispute resolution procedure (“Notice of Dispute”).
23.3 All informal dispute resolution procedures shall be conducted individually, between Golden Hearts and You.Multiple individuals with Disputes cannot participate in the same informal dispute resolution process.
23.4 A Notice of Dispute must be filed within ten (10) calendar days of the situation giving rise to the dispute and must include the following information:
- your email address associated with your User Account;
- your first and last name, as registered on your User Account;
- your residence address;
- your telephone number (home and/or mobile);
- a detailed explanation of the complaint/claim and basis for the claim;
- any specific dates and times associated with the complaint/claim (if applicable); and
- the remedy, action or any amount You are seeking from Golden Hearts.
23.5 Upon receipt of your Notice of Dispute, We will respond in writing within ten (10) calendar days after receipt of such Notice, unless an extension is mutually agreed upon by the parties.Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner, and may, in Golden Hearts’ discretion, extend the time period for resolution before a formal proceeding may be commenced, as permitted by these Terms and Conditions.
23.6 If, in our sole discretion, We require additional information to review and investigate your Notice of Dispute, We will request the additional information in our written response to your Notice of Dispute.You are required to provide any additional information requested by the Company within seven (7) calendar days.The Company, in its sole discretion, may request a video or telephonic informal dispute resolution conference and, in such case, participation in the conference is a condition precedent to initiating arbitration or any formal proceeding over a Dispute as required by Section 24.If a party is represented by counsel (which such representation will be at such parties’ sole cost and expense), counsel may participate in the informal dispute resolution conference, but each party shall also attend and participate in any informal dispute resolution conferences, as permitted by this Section 23.
23.7 The parties shall use their best efforts to settle any Dispute, claim, question, or disagreement and engage in good faith negotiations which shall be a pre-condition to either party initiating a formal arbitration as provided in Section 24.If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time of the initial Notice of Dispute, then either party may initiate binding arbitration, to the extent permitted by law, as the sole means to resolve claims, subject to these Terms and Conditions and the Arbitration Agreement.
23.8 The aforementioned Notice of Dispute and informal dispute resolution process is a condition precedent to commencing any formal arbitration proceeding under the Arbitration Agreement (Section 24 below), including litigation if You have successfully opted-out of the arbitration agreement. The parties agree that any relevant limitations period or other deadlines will be tolled solely by the amount of time the parties initiate and engage in this informal dispute resolution process.
23.9 Regardless of whether You decide to opt out of arbitration, the terms set forth in this Section 23 Initial Dispute Resolution shall remain in full force and effect as part of these Terms and Conditions.
BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS ARBITRATION & CLASS ACTION WAIVER AGREEMENT (THE “ARBITRATION AGREEMENT”) CAREFULLY BECAUSE IT REQUIRES YOU AND GOLDEN HEARTS TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMIT THE MANNER IN WHICH YOU AND GOLDEN HEARTS CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU OR COMPANY CURRENTLY POSSESS AND ANY CLAIMS THE PARTIES MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THESE TERMS AND CONDITIONS IN ORDER TO USE THE SERVICE, IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, THERE IS AN OPTION, DESCRIBED BELOW IN SECTION 24.12, TO OPT OUT OF THE ARBITRATION PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
If You reside in or access the Service at any time while located in the United States, this Section 24 (Binding Arbitration Agreement and Class Action Waiver Agreement) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND GOLDEN HEARTS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO SEEK DAMAGES IN COURT OR PRESENT YOUR CASE TO A JURY.
THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH THE COMPANY SHALL PROCEED FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
24.1 Acceptance of Terms and Conditions. By using, or otherwise accessing the Service, or clicking to accept or agree to the Terms and Conditions where that option is made available, You confirm that You have read and accept and agree to this Agreement. Except to the extent that You may opt-out as provided below, all of your activity on the Website or Platform and all of your transactions with Golden Hearts, including all events which occurred before your acceptance of this Agreement, shall be subject to this Agreement.
24.2 Scope of Agreement to Arbitrate. You and Golden Hearts agree that any past, pending, or future Dispute, claim or controversy arising out of or relating to any purchase or transaction by You, your access to or use of any Platform or the Service, or to this Agreement, the Terms and Conditions, or Privacy Policy (including without limitation any Dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement or the Terms and Conditions), shall be determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning or relating to this Agreement — including the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims — You and Golden Hearts agree and delegate to the Arbitrator the exclusive jurisdiction to rule on their own jurisdiction over the Dispute, including any objections with respect to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.
24.3 Notwithstanding the above provision and Agreement to Arbitrate, all parties retain the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim’s court jurisdiction.
24.4 Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third-party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, such that all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or Golden Hearts.
24.5 Third-Party Beneficiaries. You further agree and intend that this Agreement and the Terms and Conditions are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service which is brought by them or by any person for the use or benefit of your spouse, heirs, children and next-of-kin. Golden Hearts agrees also that this Agreement is intended to benefit and shall bind any successor-in-interest or assignee of Golden Hearts.
24.6 Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 24, You and Golden Hearts are NOT required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a User’s access to the Service as a basis to enforce this arbitration agreement as to such claims.
24.7 Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms and Conditions, the Service, the Platform, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
24.8 Applicable Law. While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of Delaware shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.
INITIATING ARBITRATION UNDER JAMS RULES
24.9 Following the conclusion of the initial dispute resolution process required by Section 23, You or Golden Hearts may seek arbitration of a Dispute in accordance with the provisions of this Agreement.You and Golden Hearts agree that JAMS (“JAMS”) will administer the arbitration under its Comprehensive Arbitration Rules and Procedures and, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines (collectively, the “JAMS Rules”) in effect at the time this Agreement is accepted by the User.Any arbitration proceeding shall be commenced and administered by JAMS’ offices in New York, NY.The parties expressly agree that, to the extent applicable, the JAMS Mass Arbitration Procedures and Guidelines in effect at the time this Agreement is accepted by the User. Notwithstanding the foregoing, the Company reserves the right, in its sole discretion, to reject Mass Arbitration.In the event the Company exercises its right to reject Mass Arbitration, this Agreement shall be deemed inapplicable to those claims, and each affected claimant may pursue their claim individually in a court of competent jurisdiction, subject to any applicable venue, jurisdiction, and choice-of-law provisions set forth in these Terms and Conditions.If the JAMS Rules are updated or changed in any way which may be applicable to a dispute between the parties, the parties agree to consider whether the most recent version of the JAMS Rules shall apply.The JAMS Rules referenced above are available at https://www.jamsadr.com/adr-rules-procedures/.
You and Golden Hearts further agree:
24.9.1 The arbitration will be handled on the merits by a sole arbitrator.The parties agree that any JAMS arbitrator appointed, including merits and process arbitrators, must have the following minimum qualification: practicing attorneys or retired federal court judges who have at least ten years of substantive expertise in litigating and resolving of complex business disputes, including motions to compel arbitration and litigation or adjudication regarding whether disputes are arbitrable;
24.9.2 For purpose of Sections 24.1 and 24.2 of the JAMS Rules, the JAMS Streamlined Arbitration Rules and Procedures and JAMS Expedited Procedures shall not applyunless otherwise explicitly agreed to by all parties to the Dispute;
24.9.3 In lieu of JAMS Rule 15, the parties shall be presented with a list of eight (8) potential arbitrators, be allowed three (3) strikes and the parties 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).To the extent a process arbitrator is appointed pursuant to the JAMS Rules, the selection process shall also be as prescribed in this paragraph;
24.9.4 In lieu of JAMS Rule 18, the parties shall have the right to submit a dispositive motion at the outset of the arbitration to the Arbitrator in order to resolve issues other than the ultimate issue of fact.The submission and scheduling of such motions shall be addressed at a conference held before the JAMS arbitrator, and the Parties agree that any dispositive motions shall be resolved and the remainder of the arbitral proceeding stayed pending resolution, absent good cause and immediate necessity to proceed;
24.9.5 Location of Arbitration.The arbitration hearing will be held in New York, NY, provided that either You or the Company may elect that the arbitration proceedings be conducted telephonically or via other remote electronic means.Notwithstanding the locations of the parties or witnesses or the election by a party for a remote proceeding, the party submitting the demand for arbitration shall commence the arbitration with JAMS’ offices in New York, NY;
24.9.6 The JAMS Rules will govern payment of all arbitration fees, currently available at https://www.jamsadr.com/arbitration-fees, You will only be required to pay arbitration fees of $250 in connection with any arbitration initiated under this Section 24, but You will still be responsible for paying your own attorneys’ fees;
24.9.7 Except as otherwise waived or limited under the Terms and Conditions or this Agreement, the JAMS arbitrator shall be authorized to award any remedies, including equitable or injunctive relief, that would be available in an individual lawsuit except:
(a) In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages; and
(b) In any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits;
24.9.8 The arbitration decision and award shall consist of a written statement signed by the Arbitrator regarding the disposition of each claim and the relief, if any, as to each claim.Unless the parties agree otherwise, the award shall be a reasoned award and contain a concise written statement of the reasons for the award;
24.9.9 Except as and to the extent otherwise may be required by law, the arbitration proceeding, pleadings, and any award shall be treated as confidential and shall not be used by the parties except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its confirmation and enforcement;
24.9.10 In the event JAMS is unavailable or unwilling to hear the dispute in accordance with this Agreement, the parties shall agree to, or a court shall select, another arbitration provider subject to the procedural agreements of this Section 24; and
24.9.11 You and Golden Hearts agree that any award issued by the Arbitrator in excess of $50,000 in favor of either party, or any award which grants any form of declaratory or equitable relief that would significantly impact other Golden Hearts users or the operation of the Platform, may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.The JAMS Optional Arbitration Appeal Procedures are available at https://www.jamsadr.com/adr-rules-procedures/.
24.10 Batch Arbitration/Mediation. To increase efficiency of resolution, in the event 20 or more similar arbitration demands against Golden Hearts, 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 in accordance with the rules described above within a 60-day period, JAMS shall consolidate those arbitrations as contemplated in the JAMS Mass Arbitration Rules.Following the submission, initial presentation and resolution of briefing and motion practice contemplated in Section 24.9.4 on dispositive issues other than the ultimate issue of fact, to the extent claims and issues remain pending, JAMS shall group the arbitration demands into a first batch of no more than 25 demands to be set for resolution as a single arbitration.Once resolution of the first batch has concluded (or sooner if the parties agree), counsel for the parties must engage in a single mediation before a JAMS mediator of all remaining demands from claimants.Counsel for the parties must agree on a mediator within thirty (30) days after conclusion of the first batch.If the parties cannot agree on a JAMS mediator within 30 days, JAMS will appoint a JAMS mediator as an administrative matter.All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed.If the parties are unable to resolve their demands by mediation, JAMS shall continue to batch the remaining arbitration demands into batches of no more than 100 demands per batch (plus, to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands) for administration.A single arbitration with one set of filing and administrative fees and one arbitrator will be assigned per batch.For avoidance of doubt, consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair your right to present any evidence or argument that You think particular to your case, so long as it is consistent with JAMS Rules.You agree to cooperate in good faith with the Company and JAMS to implement such a batch approach to resolution and fees and to efficiently consolidate discovery, submission of evidence, and motion practice.
24.11 By signing a demand for arbitration, a party certifies, to the best of their knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the demand for arbitration is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery. The Arbitrator shall be authorized to afford any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or any applicable state law (including attorney’s fees) for either party’s violation of this requirement.
OPTION AND PROCEDURE TO OPT OUT OF ARBITRATION
24.12 IF YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE AGREEMENT TO ARBITRATE BY FOLLOWING THE INSTRUCTIONS BELOW. IF YOU DO NOT OPT-OUT, THE ARBITRATION PROVISIONS WILL APPLY RETROACTIVELY TO ALL CLAIMS YOU MAY POSSESS, WHETHER ASSERTED TO DATE OR NOT.
24.13 OPT-OUT.IF YOU DO NOT WISH TO AGREE TO THE PROVISIONS OF THIS SECTION 24 AGREEMENT REQUIRING ARBITRATION AND CLASS ACTION WAIVER AND YOU HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION IN CONNECTION WITH YOUR USE OF OUR SERVICE, YOU MUST, WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT, SEND AN EMAIL TO ARBITRATIONOPTOUT@GOLDENHEARTSGAMES.COM WITH THE SUBJECT “OPT-OUT”. **REQUESTS TO OPT OUT AFTER THE 30-DAY PERIOD SHALL NOT BE EFFECTIVE.**
24.14 Whether to agree to arbitration is an important decision.It is your decision to make and You are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.
WAIVER OF CLASS RELIEF AND COLLECTIVE ACTION
24.15 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR GOLDEN HEARTS SHALL BE ENTITLED TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY. YOU MAY ONLY ARBITRATE OR LITIGATE ON AN INDIVIDUAL CLAIMS BASIS ONLY AND FOR YOUR OWN LOSSES ONLY. UNDER THIS AGREEMENT, YOU MAY NOT PROCEED IN ARBITRATION OR COURT AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE BENEFIT OR USE OF OTHERS IN ANY TYPE OF CLAIM OR ACTION. YOU AND GOLDEN HEARTS ARE EACH WAIVING RESPECTIVE RIGHTS TO PARTICIPATE IN A CLASS ACTION. BY ACCEPTING THIS AGREEMENT, YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN ANY PAST, PENDING OR FUTURE CLASS ACTION OR ANY OTHER CONSOLIDATED OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PROCEEDING EXISTING AS OF THE DATE YOU AGREED TO THIS AGREEMENT.
24.16 Severability.This Agreement applies solely to the extent permitted by law. If for any reason any provision of this Agreement or portion thereof, is found to be unlawful, void, or unenforceable, that part of this Agreement will be deemed severable and shall not affect the validity and enforceability of the remainder of this Agreement which shall continue in full force and effect. To the fullest extent allowable by law and equity, the parties agree that any such provision may be blue-penciled or otherwise construed by the forum presiding over any dispute to give effect to the intent of the parties and consistent with the overall purpose and intent of the agreement, and may be deemed replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
END OF SECTION 24 ARBITRATION AGREEMENT
Waiver of Jury Trial
25.1 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 SERVICE OR ANY TRANSACTIONS BETWEEN THE PARTIES, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY.
Any and all communications regarding claims against Golden Hearts should be sent to legal@goldenheartsgames.com with physical copies mailed to:
Golden Hearts Games Inc.
Attn: Legal Department
P.O. Box 747
Framingham, MA 01701ENTIRE AGREEMENT
These Terms and Conditions, including, without limitation, the Official Sweepstakes Rules and the Privacy Policy constitute the entire agreement between you and Golden Hearts and cannot be modified by you. These Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with Golden Hearts. Nothing in this subsection will prevent Golden Hearts from modifying these Terms and Conditions.
SEVERABILITY
If any portion of these Terms and Conditions is deemed void or unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. For the avoidance of doubt, in the event that any portion of any particular section of these Terms and Conditions, including, without limitation, the section entitled "Binding Arbitration and Class Waiver", is deemed to be unenforceable, the balance of such section shall remain enforceable.
THIRD-PARTY BENEFICIARIES
You further agree and intend that these Terms and Conditions are entered into for the express benefit of your spouse, heirs, children and next-of-kin and shall bind same to the extent of any claims arising from your use of the Service which is brought by them or by any person for their use or benefit.
HEADINGS
The headings titles in these Terms and Conditions are provided solely for convenience and have no legal or contractual significance.
FORCE MAJEURE
We will not be liable in any amount for failure to perform any obligation under these Terms and Conditions if such failure is caused by the occurrence of any unforeseen contingency beyond our reasonable control, including, without limitation, Internet outages, communications outages, pandemics, fire, flood, storm, natural cataclysm, governmental regulation, riots, strikes, civil commotion or war.