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ARCADE GAMES DISTRIBUTOR
Terms of Use & Service Agreement
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 7 BELOW.
Last Revised: August 1, 2023.
TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA WHO PARTICIPATE FROM ELIGIBLE JURISDICTIONS LISTED BELOW IN SECTION 5.
Welcome and thank you for visiting our free-to-play Power Coin website and applications related to it. This includes (not limitation) www.PowerCoin.mobi and any other website or application on which this Terms of Use and Service Agreement appears. Our website operated by Power Coin Club LLC, address: 10161 W Park Run Drive #150, Las Vegas, NV, USA (“we”, “us”, “our”, Company , or Power Coin Club LLC”). This Terms of Use and Service Agreement (the "Agreement ") applies to this website and any other service offered by. Certain services offered by us may be subject to separate terms of use, in which case, we will let you know what terms will apply to those services.
You acknowledge that Power Coin is a play-for-fun website intended for amusement purposes only. Power Coin Social Gaming Platform does not offer “real-money gambling” or opportunity to win real money based on a gameplay.
Certain products, services, and digital content may from time to time be made available to you for purchase through Power Coin. If offered (except for in-game video avatars that we refer to as “Coins”) such purchases may be governed by separately-presented terms of sale or other policy, all of which when published on our website are incorporated by reference into and made part of this Agreement. From time to time, we may revise our Terms of Use and Service Agreement. The date of the latest revision is shown near the beginning of this document. You ought to note the latest revision date. When you see a later revision date, please again review our Terms of Use and Service Agreement.
We know that the privacy of your personal identifying information is important to you. We are diligent to protect that privacy as to all personal identifying information that you supply to us in the process of opening a user account and otherwise. The Privacy Policy is incorporated by reference into and made part of this Agreement. The Privacy Policy explains how we process your personal information, and protects your privacy when you use the Power Coin Service. Your access to and use of the Power Coin Service shall be subject to our Privacy Policy. The Power Coin Service is made available only to persons aged eighteen years or older.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE POWER COIN SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND POWER COIN CLUB LLC. BY REGISTERING FOR ACCESSING, BROWSING OR USING THE POWER COIN SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE WEBSITE AND/OR POWER COIN SERVICE, YOU ACCEPT, WITHOUT QUALIFICATION OR
LIMITATION, THIS AGREEMENT AND THE TERMS CONTAINED IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO THE TERMS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE POWER COIN SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE POWER COIN SERVICE AND THE WEBSITE. IF YOU REJECT THIS AGREEMENT OR THOUR PRIVACY POLICY OR OUR OFFICIAL AWARD RULES , YOUR ELIGIBILITY TO ACCESS THE WEBSITE WILL TERMINATE. NOTHING IN THIS PARAGRAPH SHALL AFFECT ANY NON- WAIVABLE STATUTORY RIGHT. YOU CREATE A BINDING, LEGAL CONTRACT BETWEEN YOURSELF AND COMPANY BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE POWER COIN SERVICE OR THE WEBSITE. BY SO DOING YOU ACKNOWLEDGE THAT YOU HAVE READ IN ENGLISH, UNDERSTAND IN ENGLISH, AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.
1. COMPLIANCE UNDER THE LAW APPLICABLE WHERE YOU ACCESS THE POWER COIN SERVICES
By use of the website you have the opportunity to participate in entertainment video games, including but not limited to tournament competition games (contests, tournaments, competitions) and other no-prize games (hereinafter - entertainment video games) and other promotional games (hereinafter together – “game” or “games”). ALL ENTERTAINMENT VIDEO GAMES ARE VOID AS TO
PARTICIPATION IN ANY STATE WHICH PROHIBITS OR RESTRICTS SUCH ACTIVITIES. By your act of registering on the website or participating in any such activity you warrant and represent for reliance by us and our affiliates and our employees, agents and employees and contractors that you have checked the laws of the country jurisdiction from which you access the Power Coin Services, and that with good reason you understand that such activities are not prohibited or restricted by the applicable law or by this Terms of Use and Service Agreement. You will not be entitled to any prize if the applicable law or this Terms of Use and Service Agreement prohibits or restricts Your participation in these activities. You are also not entitled to refunds that You may claim, or promotional prizes to which You may otherwise become entitled, in connection with the Power Coin promotional games. In any event, you access and use the Power Coin services at your own sole risk and acknowledge that we make no warranty regarding compliance under the law of any U.S. jurisdiction, and that no our representative has authority to make such a warranty.
2. SALES OF PROPERTY AND SERVICES
From time we may offer for sale, goods or services that are advertised or posted on the website. The prices charged for them are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or intellectual property fixed in a tangible medium) that you may buy, (1) to the fullest extent allowed by applicable law WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NONINFRINGING. WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) we shall be deemed to have fully performed our duty to deliver tangible goods when we deliver the goods to a common carrier, freight prepaid (or to a governmental postal service, postage prepaid) for shipment to You at the address that You supplied to us. You bear the entire risk of loss or damage in transit, misdelivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the website. Videographic “Coins” used in game play on Power Coin entertainment video games and promotional games are not property that is
sold. These avatars are intellectual property of Power Coin Club LLC. They represent visually, game play entitlement. On gratuitous award and (as to Power Coin entertainment video games) “purchase, the Coins are licensed to the Power Coin user to whom awarded gratuitously and the Power Coin user who pays for use of the Coins solely in connection with that Power Coin user’s account and solely in connection with initiating game play on the Power Coin service.
3. CHANGES TO THE WEBSITE, THE POWER COIN SERVICE,
OR ANY NO-PRIZE OR PROMOTIONAL GAMES OFFERED
THEREON
We may at any time change or discontinue any aspect or feature of the Power Coin Service, including, and not limited to, content, hours of availability, and equipment needed for access or use. When using the Power Coin Service, you may be subject to additional posted policies, guidelines or rules applicable to specific services and features. These may be posted online and notified to you from time to time (the “Policies”). All Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.
4. CHANGED TERMS
We reserve the right, at any time and at its sole discretion, by publication on the website, to change or modify this Agreement and/or the terms and conditions applicable to your use of the Power Coin Service, or any part thereof, or to impose new terms, including, and not limited to, adding or increasing fees and charges for use of the entertainment video games. Except for Section 7 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by any means, including, but not limited to, posting a notice on the website, updating the date of this Agreement above, by electronic or conventional mail, or by any other means by which you obtain notice thereof. You should periodically check this web page for any changes to this Agreement. Any continued use of the Power Coin Service by yourself after the posting of any such notice will be deemed to constitute your binding acceptance of any such changes, modifications, additions or deletions. If any modification, change, addition or deletion to this Terms of Use and Service Agreement is not acceptable to you, your only recourse is to terminate your Power Coin user account and by that act terminate the ongoing term hereof, Agreement and thereafter to from using and accessing the website. The version of this Terms of Use and Service Agreement published as of the moment of taking the actions by you is applicable to the respective actions. Nevertheless termination of your account, all of the terms and conditions of this Agreement shall survive such termination including among other provisions, sections 1 through 10 hereof,
inclusive.
5. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO A TRIAL BEFORE A JURY.
5.1. Initial Dispute Resolution
The Power Coin Customer Support department is available to address any concerns you may have regarding the Power Coin Service. Most concerns are quickly resolved in this manner to our customers' satisfaction. The parties shall use their best good-faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation and good-faith discussions. Such good faith discussions shall be a precondition to either party initiating a lawsuit or arbitration.
5.2. Binding Arbitration
If the parties (you and Power Coin Club LLC) do not reach an agreed-upon solution within a period of thirty (30) days from the time that initial dispute resolution is first initiated pursuant to the paragraph immediately above, then subject to the arbitration terms set out below. Either party (i.e. you or Power Coin Club LLC) may initiate binding arbitration as the sole means to formally resolve
any disputes. Specifically, all claims arising out of or relating to this Agreement (including its interpretation, formation, performance and breach), the parties' relationship with each other and/or your use of the website shall be finally resolved by binding arbitration. The arbitration shall be administered by the JAMS in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitrations Rules, as appropriate, excluding any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement, notwithstanding the choice of law and forum selection provided for in Section 8, below. The arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation any claim that all or any part of this Agreement is void or voidable, or whether a claim or dispute is subject to arbitration. The arbitrators shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators’ report and award, including (not limited to) recommendation for equitable relief, shall be binding on the parties and may be entered as a judgment or order in any court of competent jurisdiction. Arbitration shall be
initiated in and proceed in Las Vegas County, Power Coin Club LLC. You and Company agree to submit to the personal jurisdiction of any federal or state court sitting in Las Vegas County, Power Coin Club LLC, in order to compel arbitration, to stay judicial proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrators and to enforce equitable relief that the arbitrators do not have jurisdiction to award or enforce independently of a court. If in violation of your agreement to submit to binding arbitration, you should initiate a lawsuit against Company or any employee, agent or affiliate of Company, you hereby stipulate that no act of defense of the litigation, no matter how protracted, shall be deemed a waiver of the right to compel binding arbitration, or the right to resolve disputes between you and Company, by binding arbitration as hereinabove provided.
5.3. Class Action Waiver
The parties (you and Power Coin Club LLC) further agree that any arbitration and litigation allowed under this section 5 shall be conducted in their respective individual capacities only and not as a class action or other representative action.
Accordingly, the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND POWER COIN CLUB LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null,
void in its entirety, the parties shall be deemed to have not agreed to arbitrate disputes, and the remainder of this Agreement shall survive and remain valid and enforceable.
Exception - Litigation Limited to Intellectual Property Infringements and Small Claims Court Claims Not Exceeding $5,000. Notwithstanding the parties' agreement to resolve all disputes through preliminary consultation and thereafter by binding arbitration, either party may bring an action in federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you by the Power Coin Service under this Agreement. Either party may also seek relief in a Power Coin Club LLC County small claims court for disputes or claims within the scope of that court's jurisdiction but not exceeding an amount in controversy if five thousand dollars ($5,000.00).
5.4. Changes to This Section 5
We will provide 60-days' notice of any changes to this Section. Changes will become effective on the 60th day and will apply prospectively only to any claims arising after the 60th day.
6. JURISDICTION AND APPLICABLE LAW
Interpretation of this Agreement shall be subject to the laws of the State of Nevada, except to the extent that the Nevada conflict of law rules would require application of the law of any jurisdiction other than Nevada. If any court or arbitrator determines that the “Class Action Waiver” paragraph set forth above is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then any and all claims arising out of this Agreement (including interpretation, claims for breach, and all other claims (including consumer protection, unfair games, and tort claims) shall be decided under federal law to the extent applicable under the Federal Arbitration Act, and otherwise under the laws of Nevada. Power Coin Club LLC and you irrevocably consent to the exclusive jurisdiction and venue of state or federal courts sitting in Las Vegas County, Nevada to resolve any claims that are subject to exceptions to the arbitration agreement stipulated under Section 5 of this Agreement or otherwise determined by a court of competent jurisdiction not to be arbitrable.
7. EQUIPMENT
You are responsible for obtaining and maintaining all telephone, computer hardware, computer software and other equipment needed for access to and use of the Power Coin Service and all charges related thereto.
8. THE POWER COIN SERVICE
We currently provide to our account holders, access to a rich collection of online video entertainment resources. Not now, but in the future, these resources may also include communication and social networking tools, online forums, ladders, leagues, news, reviews, personalized content and branded programming. Certain services are presently provided free of charge. Other services, including
participation in entertainment video games are free in that limited right to participate are granted to each account holder each day that the account holder connects to the website. Additional play in these entertainment video games is offered for sale. This bundle of free and paid-for content, services, competitions and other benefits is sometimes referred to as the “Power Coin Service”. To participate in our games, you will need to log in, provide certain information and establish a user account with the Power Coin Service. We endeavor to make your experience with the Power Coin Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, loss of personalization settings or other service interruptions. Therefore, you agree that the Power Coin Service are provided on an “AS IS” and “AS AVAILABLE” basis. We do not
assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
We reserve the right to change or discontinue, temporarily or permanently, the Power Coin Service at any time. You agree that we will not be liable to you or any third party for any modification or discontinuance of the Power Coin Service at any time for any reason or in the absence of a reason.
We reserve the right to limit, at any time and at our sole discretion, without giving explanations, temporarily or permanently, the ability to use certain promotional offers by specific users in case we determine any abuse from the user`s side.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by “third parties,” including (among others) information providers, or any user of the Power Coin Service, are those of their respective source, author(s) or distributor(s) and not of Company. We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice or statement made through the Power Coin Service and expressly disclaims any and all liability in connection such opinion, advice or statement.
Your use of the Power Coin Service is at your own risk. The Power Coin Service may include hyperlinks to other websites or services solely as a convenience to you (“Third-Party Sites”). We have no control over Third-Party Sites. We do not endorse Third-Party Sites. We are not responsible for any Third-Party Sites or the information, advertising, products, services, materials and privacy protection
contained on or accessible through any Third-Party Sites. You agree that Company is not liable for any loss or damage which may be incurred by you as a result of the availability or your use of any Third-Party Sites or as a result of any reliance placed by you on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such Third-Party Sites. Your use of any Third-Party Sites or the services provided by them shall be governed only by such terms between you and such Third-Party sites.
Some of the services provided by us on the website may be supported by advertising revenue and may display advertisements and promotions. In consideration of our granting to you, access to and use of the website, you agree that we may place advertising and promotions on the website. You further agree that the manner, mode and extent of advertising and promotions by us on the website are subject to change without specific notice to you.
9. YOUR USE OF THE POWER COIN SERVICE
9.1 You must provide true, accurate, current and complete information about yourself as requested in the website’s personal information forms. You must update your registration data to keep it current and accurate within a reasonable time after any change to that data.
9.2 Each individual user can have only one game account. The rule also applies to inactive accounts. Creating multiple accounts per person, family, home, computer or mobile device, payment system account or bank card is strictly prohibited. If you create a multi account or attempt to create such an account, all your accounts may be blocked or suspended.
9.3 The user undertakes to notify the administration that he/she has more than one account, if he/she notices such a fact. The user undertakes not to create a new account if he/she cannot restore the lost access to the existing account, wants to continue the game, while having an inactive account, or intends to make changes to the personal information of the existing account. Instead, the user
must contact the platform administration via online chat on the site or email support@powercoinclub.com submitting a request in order to resolve their issue.
9.4 The Rules of Conduct in connection with your use of the website and the Power Coin Service also prohibit your posting, uploading, distribution or other transmission to or through the website or any Power Coin Service, of any malware or spyware, or that contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or contain, refer to or comprise advertisement, unsolicited offers, promotional materials, pyramid schemes, bulk mailing of commercial advertising, charity requests, signature petitions, or promotional giveaways, such as sweepstakes, contests and raffles.
9.5 The Rules of Conduct in connection with your use of the website and the Power Coin Service also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the website and the Power Coin Service, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the website and/or the Power Coin Service or features that limit their use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the website or the Power Coin Service, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the website or the Power Coin Service, or to participate in any games distributed through the website or the Power Coin Service, including (and not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the website or the Power Coin Service.
9.6 The above are examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by yourself that, in our sole discretion , restricts or inhibits any other user from using or enjoying the Power Coin Service is prohibited. We shall have the right, but not the obligation, to monitor the content of the Power Coin Service, including profiles and forums, to determine
compliance with this Agreement and any policies and other operating rules established by Company and to comply with any law, regulation or authorized government request. We will make the sole determination as to what content is acceptable in our sole discretion. We shall always have the right (but never the obligation) to edit or remove any content at any time without notice, at our sole discretion. Without limiting any other rights or remedies of Company, any violation of these Terms of Use and Service may result in removal of the prohibited communications and/or suspension or termination of your user account and of rights to use and access the website and the Power Coin Service.
9.7 You understand that, when using the website and the Power Coin Service, you may be exposed to user-supplied content from a variety of sources. Company is not and shall not be responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any such user-supplied content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable. If you do so, you should not use the Power Coin Service. Company does not pre-screen or endorse any third- party or user-supplied content and is not responsible or liable under any circumstances for such content.
9.8 You understand that access to the Power Coin Service may result in access to other users’ names, alias/nicknames, screen names, residential cities of the users and other information about the users that does not refer to the Personal information as determined in the Privacy Policy (“Personal Information”). However, if you have access to any Personal information of the users which is protected by applicable data protection and privacy laws and regulations, you understand, acknowledge and agree that any Personal Information from other users constitute the confidential information of Company. You agree and promise not at any time to scrape, copy, aggregate, redistribute, alter, reproduce or re-use any user’s Personal information accessible through the website or the Power
Coin Service whether specific to any user or an aggregation of users.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
USE OF ANY OF THE WEBSITE, POWER COIN SERVICE, ANY PRODUCT, ANY SERVICE AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE AND/OR THE POWER COIN SERVICE IS AT YOUR SOLE RISK. NEITHER COMPANY, COMPANY’S AFFILIATES, COMPANY’S NON-AFFILIATED PARTNERS, AGENTS AND CONTRACTORS, NOR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, SPONSORS OR LICENSORS (COLLECTIVELY THE “POWER COIN PARTIES”) WARRANT THAT THE POWER COIN SERVICE, ANY PRODUCT OR SERVICE, OR ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN ANY OF THEM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE POWER COIN SERVICE, OR OF ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR ACCESSED THROUGH ANY OF THEM, OR
AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE OR SERVICE (INCLUDING ENTERTAINMENT SERVICE) PROVIDED OR PURCHASED THROUGH THE WEBSITE AND/OR
THE POWER COIN SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY YOURSELF THROUGH THE WEBSITE OR THE POWER COIN SERVICE IS DONE AT YOUR OWN SOLE DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL. COMPANY DOES NOT GUARANTEE THAT ANY PARTICULAR POWER COIN SERVICE, ANY PRODUCT AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED THEREIN WILL BE AVAILABLE AT ALL TIMES OR AT ANY GIVEN TIME OR THAT COMPANY WILL CONTINUE TO OFFER THE SAME FOR ANY PARTICULAR LENGTH OF TIME. COMPANY MAKES NO WARRANTY OR REPRESENTATION REGARDING THE AVAILABILITY OF ONLINE PRODUCT OR SERVICE FEATURES. COMPANY RESERVES THE RIGHT TO MODIFY OR DISCONTINUE ONLINE PRODUCT AND SERVICE FEATURES IN ITS SOLE DISCRETION WITHOUT NOTICE, INCLUDING FOR EXAMPLE (AND NOT FOR LIMITATION), CEASING AN ONLINE SERVICE FOR ECONOMIC REASONS DUE TO A LIMITED NUMBER OF USERS CONTINUING TO MAKE USE OF THE ONLINE SERVICE OVER TIME. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, THE POWER COIN SERVICE, AND ANY PRODUCT AND ANY INFORMATION, CONTENT, SERVICE OR MATERIALS CONTAINED IN EITHER OF THEM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE BY STATUTE, NON-WAIVABLE AND ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE POWER COIN PARTIES DISCLAIM ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE WEBSITE AND THE POWER COIN SERVICE, AND AS TO ANY PRODUCT, ANY SERVICE, AND ANY INFORMATION, CONTENT OR MATERIALS CONTAINED IN THE WEBSITE OR THE POWER COIN SERVICE. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE POWER COIN SERVICE, ANY PRODUCT OR SERVICE, OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD USE AND EXCLUSIVELY RELY UPON INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD AND TO OTHERWISE PROTECT YOUR DATA AND COMPUTER SYSTEM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOURSELF FROM COMPANY OR THROUGH THE POWER COIN SERVICE OR ANY PRODUCT WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
11. NOTICES
We may provide you with notice by any means, including (without limitation) via email, text message, voice mail, and postings on the website, including among other means, by changing the revision date that is displayed under the heading of this Agreement. Notices emailed to you will be deemed given and received when the email is sent. If you don’t consent to receive notices electronically, you
must stop using the Power Coin Service. A notice that we give is deemed given even if it is intercepted by your spam filter and not actually read. Notices sent to Company pursuant to any section of this Agreement shall be deemed duly served and effective only on actual receipt by Company. Please refer to our Privacy Policy and our Award Rules for information regarding your privacy rights
and prerogative under the Federal “Can Spam” Act to opt out of any program to send you information and solicitations by email and under regulations of the Federal Communications Commission to opt out of solicitations by voice telephone communication and text message.
12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Company and the Power Coin Parties and their respective suppliers, licensors and partners from and against any and all claims, losses, damages, liabilities and expenses, including legal fees and expenses, resulting from or arising out of: (a) any violation of this Agreement; (b) any negligent or wrongful conduct; (c) your use, misuse and/or access of the Power Coin Service; (d) a violation by yourself of any applicable law; (e) any content which you post, store or otherwise transmit in or through the Power Coin Service; and/or (f) your violation of the rights of any third party; and any breach of the representations, warranties, and covenants that you have made in this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Power Coin Parties or any of them. You agree to cooperate with defense of these claims by Power Coin Parties, at your sole cost and expense.
13. TERMINATION
13.1. Voluntary closure of your Power Coin user account
You may unsubscribe and close your Power Coin user account at any time by sending an unsubscribe request to us at support@powercoinclub.com. We will process your request within a reasonable time after receipt.
13.2. Latency Fees Upon Inactive Power Coin User Accounts
An inactive user account with the Power Coin Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. We shall have the unlimited right but not the obligation to terminate your account at any time while it is an inactive account. In so doing, termination shall apply to terminate your license. Unused account balances and passwords (all) without
notice to you.
13.3. Termination for the Power Coin User’s Breach of this Agreement
Among other rights of Company, it reserves the right to terminate without notice and at the sole discretion of Company, your license to use the Power Coin Service and your accounts and passwords to the Power Coin Service and to block or prevent your future access to and use of the Power Coin Service for any reason (or without a reason). Some reasons for termination can be: (1) You are in violation of any provision of this Agreement, (2) You have acted in a manner which clearly shows that you do not intend to (or are unable to) comply with the provisions of this Agreement, (3) Company is required by applicable law, and (4) Company is no longer providing the Power Coin Service to users in the state or other jurisdiction in which you are a resident or from which you use the Power Coin Service. The foregoing termination prerogative includes Company termination or to suspension of your access to any purchased products or services. The introductory paragraphs and all sections of this Agreement that set out the rights of Power Coin and limitations of your rights shall survive any termination of your access to the website.
14. EXPECTATION OF PRIVACY
Communications made using the Power Coin Service shall not be considered private. Other than your Personal Information protected under our Privacy Policy you acknowledge and agree that you have no expectation of privacy concerning the transmission of any communications, including without limitation chat text or voice communications.
15. COPYRIGHT COMPLAINTS
We respect the intellectual property of others. Accordingly, we ask our users to do the same. If you believe that your work of authorship has been copied in away that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you must notify us of your infringement allegation in accordance with the procedure below.
As set forth in our Copyright Complaints policy, we will process and investigate notices of alleged infringement and will take appropriate actions under the United States Digital Millennium Copyright Act (the "DMCA") and other applicable
intellectual property laws with respect to any alleged or actual infringement.
15.1. Notice of Take-Down Request
A notification of alleged copyright infringement is effective only when emailed to the Company Copyright Agent at: support@powercoinclub.com with the email subject line: "DMCA Takedown Request" To be effective, the notification must be
in writing and contain the following information: (1) An electronic or manual signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest regarding which the allegation is made; (2) A description of the copyrighted work or other intellectual property that you claim has been infringed: (3) A description of where the material that you allege is infringing is located on the website, with enough detail that we may find it on the website; (4) Your physical mailing address, telephone number and email address; (5) A statement by yourself that you have a good-faith belief that the disputed use is not authorized by the copyright owner or intellectual property owner, its agent, or the law; (6) A statement or declaration by yourself, made under penalty of perjury, that the above information in your Notice is accurate and that you are or represent the copyright owner or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.
15.2. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Company has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of Company, the account and access to the website of users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the website and terminate the participation of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
16. OTHER PROVISIONS
Warranty: Review of this Agreement
You warrant, represent, acknowledge and agree that you have and understand this Agreement, including, without limitation, all other provisions displayed on the website and applicable to use of the website and the Power Coin Service. This includes and is not limited to, any supplemental terms that govern the entertainment video games offered in connection with the website, the promotional games conducted on the website and the use of certain specific material contained on the website. This also includes our Privacy Policy. Together, these provisions are the entire agreement between yourself and Power Coin Club LLC. These provisions supersede any previous written or oral agreements between these parties with respect to general and specific subject matter of this Agreement.
Restriction on Transfer or Assignment of this Agreement Applicable Only to Yourself
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by yourself. Any attempted or purported assignment or transfer by yourself shall for all purposes be null and void. However, We may hypothecate, sell, assign or transfer this Agreement or any part of or interest in this Agreement without restriction or notice.
Severability of Provisions adjudicated to be Unenforceable or Void
All provisions of this Agreement will be deemed severable: any unenforceability of any one or more provisions will not affect the enforceability of any other provisions or of this Agreement as a whole. In addition, if any provision of this Agreement, for any reason, is declared to be unenforceable, the parties to this Agreement shall substitute an enforceable provision that, to the maximum extent
possible under applicable law, preserves the original intentions and economic positions of those parties.
Nonwaiver; Company Rights Cumulative
Any failure by Power Coin Club LLC to partially or fully exercise any rights under this Agreement, and any waiver by Company of any breach of this Agreement by yourself, shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by yourself of the same or any other term of this Agreement. The rights and remedies of Power Coin Club LLC under this Agreement shall be cumulative. The exercise of any such right or remedy shall not limit the right of Company to exercise any other right or remedy.