sweepandspin

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS, THE sweepandspin GAMES OFFICIAL SWEEPSTAKES RULES AND THE sweepandspin GAMES PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES OFFERED IN CONNECTION WITH ANY sweepandspin SERVICES OR THE WEBSITE.

PLEASE NOTE THAT THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND sweepandspin SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. PLEASE SEE SECTION 24 BELOW FOR MORE INFORMATION.

ACCEPTANCE OF TERMS

These terms and conditions of use ("Terms and Conditions") constitute a legal agreement that governs your relationship with sweepandspin Inc. and its affiliated companies (collectively referred to as "sweepandspin" or "We" or "Us") regarding your use of the any sweepandspin branded websites and any sweepandspin 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 sweepandspin, including, without limitation, the website located at sweepandspin.com or any other sites on which these Terms and Conditions are posted, and/or where any sweepandspin 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 , and the Privacy Policy are posted to the Website. You are responsible for reviewing these Terms and Conditions, Official Sweepstakes Rules , and the 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 the Privacy Policy, you must cease use of the Services immediately.

PRIVACY

A link to the sweepandspin Privacy Policy is provided here. The Privacy Policy 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, sweepandspin 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.
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 sweepandspin 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 sweepandspin Website ("Players") including personally identifiable information.
  • Use the Services if you have previously been removed, prohibited, or banned by sweepandspin.
  • 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 sweepandspin' 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 sweepandspin.

COPYRIGHT NOTICE

sweepandspin 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 Usedoctrine. If you file a DMCA notice when there is no infringing use, you could be liable for costs and attorneys' fees.

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 sweepandspin, 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 sweepandspin AND/OR ITS AFFILIATES IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID sweepandspin 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 sweepandspin , the Givinga Foundation, Sponsor's Affiliates; as well as PayPal Inc., JP Morgan Chase, Paysafe, 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.

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 CONCURRENTLY OR TO AVOID ACTUALLY OPERATING THE GAME OR OTHERWISE ATTEMPT TO DEFRAUD sweepandspin 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, sweepandspin RESERVES THE RIGHT TO PURSUE ALL AVAILABLE LEGAL REMEDIES AGAINST SUCH PERSON.

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. You agree sweepandspin cannot be held liable if laws applicable to you restrict or prohibit your participation in the Services. sweepandspin 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 sweepandspin have authority to make any such representations or warranties. sweepandspin reserves the right to monitor the location from which you access the Services and to block access from any jurisdiction in which participation is illegal or restricted.

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

Any claims or disputes regarding these Terms and Conditions, the Official Sweepstakes Rules, the Privacy Policy or the Official Game Rules will be resolved pursuant to the internal, substantive law of the Commonwealth of Massachusetts, without regard to choice of law/conflict of law principles which would result in the application of the law of any jurisdiction other than that of the Commonwealth of Massachusetts.

BINDING ARBITRATION AND CLASS WAIVER

PLEASE READ THESE "BINDING ARBITRATION" AND "CLASS WAIVER" PROVISIONS CAREFULLY, BECAUSE THEY REQUIRE YOU TO ARBITRATE ALL DISPUTES WITH sweepandspin AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST sweepandspin. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST sweepandspin BY SOMEONE ELSE. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
Any claims or disputes regarding these Terms and Conditions, the Official Sweepstakes Rules, the Privacy Policy or the Official Game Rules will be resolved pursuant to the internal, substantive law of the Commonwealth of Massachusetts, without regard to choice of law/conflict of law principles which would result in the application of the law of any jurisdiction other than that of the Commonwealth of Massachusetts.

ENTIRE AGREEMENT

These Terms and Conditions, including, without limitation, the Official Sweepstakes Rules, and the Privacy Policy constitute the entire agreement between you and sweepandspin 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 sweepandspin. Nothing in this subsection will prevent sweepandspin 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.

LOCAL LAW

These Terms and Conditions do not purport to supersede the laws of the jurisdiction from which you access the Website to the extent such law is deemed to be applicable to your use of the Services. sweepandspin will comply with applicable law in all respects regarding your use of the Services. Without limiting the foregoing, we will respect all consumer protections provided by applicable law.

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.