THE SERVICES PROVIDED ON OUR SITE ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. WE DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR REAL-WORLD PRIZES THROUGH THE SERVICES. WHEN YOU PLAY THE GAMES NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON THROUGH THE SERVICES, AND NO ACTUAL MONEY IS REQUIRED TO PAY FOR PLAYING THE GAMES.
Currently, you need not pay for use of our Site. However, you may be charged for Internet, maintenance of network connection and data usage charges made through the use of the Site, according to the applicable rates charged by your respective third-party Internet and data usage service provider. You hereby acknowledge that you agree to the abovementioned charges.
The Terms include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration. See Section12 for more information.
You are responsible for reviewing the documents that make up the Agreement before access to our Site and use of the “OKSpin” Services. Please review the Agreement carefully.
The games provided through the Services on our site are available to individuals who are 18 years of age and over. Only those who possess the legal authority to enter into the Terms and to form a binding agreement under any applicable law may access or use our Site or Services. That is, you shall be 18 years of age and over or your legal guardian has agreed to the Terms. Therefore, by using the Services you hereby represent and warrant that you are 18 years of age and over, and possess the legal authority to enter into the Terms and to form a binding agreement under any applicable law, to use the Site in accordance with the Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block such Users whom we suspect are under the applicable age from accessing the Site.
You also may not access or use our Site or Services if you previously have been prohibited by us from using the Services.
We offer games for individuals who are 18 years of age and over through the site.
The Site may also provide you with information regarding OKSPIN, the games, including the content related thereto such as contact information, text, files, logos, button icons, the “look and feel” of the Site, interface, illustrations, drawings, animations and other features obtained from or through the Site (collectively, the “Content”).
We are entitled to modify, correct, enhance, improve, make other changes to, or discontinue, temporarily or permanently the games or the Site (or any part thereof, including but not limited to the Content) without notice, at any time. Besides, the Content provided through the Site may be changed, extended or removed at any time without notice. You hereby acknowledge that : (i) OKSPIN shall not be liable to you or to any third party for any modification, suspension or discontinuance of the games, Site or Content; (ii) OKSPIN is not responsible for any errors or malfunctions that may occur in connection with the performance of such changes.
In addition, you hereby acknowledge that we may at any time, at our discretion, cease the operation of the Site or any part thereof, temporarily or permanently, delete any information or Content from the Site or discontinue displaying or providing any game, information, Content or features therein without prior notice. You agree that we do not assume any responsibility with respect to, or in connection with the termination of the Site’s operation or any game, and the loss of any data.
The conducts listed below are strictly prohibited when using the Site, the Content, and/or the Services. You shall read them carefully. In the event that you fail to comply with any of the provisions set forth in the Terms the failure may result (at our sole discretion) in the termination of your use of the Site and/or Content and may also expose you to civil and/or criminal liability.
You shall not (and you shall not permit anyone to): (a) use the Site and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Site and/or Content for non-personal or commercial purposes; (c) use the Services in an illegal manner or encourage or promote any illegal activity; (d) exploit, distribute, develop or publicly inform other Users or the public of any game error, miscue or bug which provides an unintended advantage, or of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications; (e) remove or disassociate from the Content and/or the Site any restrictions and signs indicating proprietary rights of OKSPIN or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (f) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Site and retrieve, index and/or data-mine information; (g) interfere with or disrupt the operation of the Site or the servers or networks that host the Site, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (h) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that OKSPIN endorses you, your site, your business or any statement you make, or present false or inaccurate information about the Site; (i) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (j) bypass any measures we may use to prevent or restrict access to the Site; (k) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by OKSPIN on or through the Site, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (l) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to OKSPIN’s proprietary rights, including our Intellectual Property (as defined below), in any way or by any means; (m) make any use of the Content on any other site or networked computer environment for any purpose without our prior written consent; (n) create a browser or border environment around our Content (no frames or inline linking is allowed); (o) sell, license, or exploit for any commercial purposes any use of or access to the Site and/or Content; (p) frame or mirror any part of the Site without our prior express written authorization; (q) create a database by systematically downloading and storing all or any of the Content from the Site; (r) transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (s) use the Site for any purpose for which the Site is not intended; and/or (t) infringe and/or violate any of the Terms.
All rights in or to the Site, the Content, and the Services available on the Site and any patents, trademarks, designs, trade dress, brands, service marks and any other Intellectual property rights whether registered or not (“Intellectual property rights”) used in relation to or with the Services are owned by and/or licensed to OKSPIN. The Terms do not convey to you an interest in or to OKSPIN’s Intellectual Property. Nothing in the Terms constitutes a waiver of OKSPIN’s Intellectual Property under any law.
OKSPIN owns all trademarks, trade names and/or other marks and logos and all other proprietary identifiers used by it in connection with the Site and Services (“OKSPIN Trademarks”), such as “OKSPIN”, “OKSpin” etc., whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Site belong to their respective owners (“Third Party Marks”). The Terms do not grant you any right, license, or interest to OKSPIN Trademarks and the Third-Party Marks, therefore you agree that you will avoid using any of those marks, except as permitted herein.
YOU HEREBY AGREE THAT YOUR USE OF THE SERVICES, THE SITE AND/OR ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.
YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICES IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND. OKSPIN, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND THE USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS.
OKSPIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SERVICES AND THE CONTENT OF ANY SITES LINKED TO THE SERVICES, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OKSPIN'S SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES; OR (VII) ANY ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SERVICES.
IN CASE OF A MALFUNCTION OR DISRUPTION OF THE SERVICES THAT PREVENTS YOU FROM COMPLETING A GAME IN WHICH YOU HAVE BEGUN TO PARTICIPATE, WE MAY ALLOW YOU TO PARTICIPATE AGAIN IN A GAME UNTIL THE PARTICIPATION IS COMPLETE. WE RESERVE THE RIGHT TO DETERMINE, AT OUR SOLE DISCRETION, WHETHER TO OFFER ANY SUCH REMEDY IN THE EVENT OF MALFUNCTION OR DISRUPTION. WE ALSO RESERVE THE RIGHT TO LIMIT YOUR GAMEPLAY OR TERMINATE YOUR PARTICIPATION IN THE SERVICES SHOULD WE DETERMINE, AT OUR SOLE DISCRETION, THAT YOU HAVE INTENTIONALLY CAUSED SUCH A MALFUNCTION OR DISRUPTION. WE ARE NOT LIABLE FOR ANY LOST OPPORTUNITY OR OTHER ALLEGED LOSSES FROM ANY UNFINISHED GAME. THE GAMES DO NOT REPLICATE THE ODDS OF WINNING OR THE PAYOUTS OF SIMILAR GAMES FOUND IN CASINOS OR ANY OTHER PLACES.
TO THE FULLEST EXTENT LEGALLY PERMISSIBLE, THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, AND OKSPIN, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS, WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE SITE AND/OR ITS CONTENT.
WE DO NOT WARRANT (I) THAT THE SITE WILL OPERATE AND/OR BE AVAILABLE AT ALL TIMES WITHOUT DISRUPTION OR INTERRUPTION, OR THAT IT WILL BE IMMUNE FROM UNAUTHORIZED ACCESS OR ERROR-FREE; (II) THAT THE USE AND OPERATION OF THE SITE OR CONTENT IS OR WILL BE SECURE, TIMELY, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERRORS, OR FREE OF VIRUSES, DEFECTS, WORMS, OTHER HARMFUL COMPONENTS OR OTHER PROGRAM LIMITATIONS; (III) THAT WE WILL CORRECT ANY ERRORS OR DEFECTS IN THE SITE; (IV) AND/OR MAKE ANY REPRESENTATION REGARDING THE USE, INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR CONTENT AVAILABLE THEREON OR THROUGH THE SITE (INCLUDING THAT THE RESULTS OF USING THE SITE WILL MEET YOUR REQUIREMENTS). WE DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE AVAILABILITY, RELIABILITY OR THE QUALITY OF THE SITE, AND ARE NOT AND SHALL NOT BE RESPONSIBLE FOR ANY ERROR, FAULT OR MISTAKE RELATED TO CONTENT AND INFORMATION DISPLAYED WITHIN THE SITE.
WE ARE NOT RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR OTHERS THAT MAY RESULT FROM TECHNICAL PROBLEMS (INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET SUCH AS SLOW CONNECTIONS, TRAFFIC CONGESTION, OVERLOAD OF SERVERS, DELAYS OR INTERRUPTIONS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, IN NO EVENT SHALL OKSPIN, INCLUDING ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT OR STRICT LIABILITY) (INCLUDING WITHOUT LIMITATION, LOSS OF GOODWILL, PROFITS OR DATA AND BUSINESS INTERRUPTION) ARISING HEREUNDER, RESULTING FROM OR ARISING OUT OF SERVICES, THE SITE AND/OR THE CONTENT, YOUR USE OR INABILITY TO USE THE SERVICES, THE SITE AND/OR THE CONTENT AND/OR THE FAILURE OF THE SITE TO PERFORM AS REPRESENTED OR EXPECTED, OR FROM THE PERFORMANCE OR FAILURE OF OKSPIN TO PERFORM UNDER The Terms, ANY OTHER ACT OR OMISSION OF OKSPIN OR ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, GUARANTEE OR CONDITION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER OKSPIN OR ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, OKSPIN’ TOTAL AGGREGATE LIABILITY, INCLUDING THE TOTAL AGGREGATE LIABILITY OF ITS VENDORS, OFFICERS, SHAREHOLDERS, SUB-CONTRACTORS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, LICENSORS, AGENTS AND SUPPLIERS, FOR ALL DAMAGES OR LOSSES WHATSOEVER ARISING HEREUNDER OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, THE SITE OR THE CONTENT SHALL BE LIMITED TO $US 1.00.
INASMUCH AS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS AS SET FORTH HEREIN, THE FULL EXTENT OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY.
To the maximum extent permitted by law, you agree to defend, indemnify, and hold OKSPIN, its vendors, officers, shareholders, sub-contractors, directors, employees, affiliates, subsidiaries, licensors, agents and suppliers, harmless from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(i) Your use or misuse of and access to the Services;
(iii) Your breach of the representations, warranties and covenants made herein;
(iv) Your violation of any third-party right, including any copyright, property, or privacy right; and
(v) Any claim that an action by you in connection with the Services has caused damage to a third party.
The Agreement is governed by and construed in accordance with the laws of Hong Kong, without regard to or application of conflict of laws rules or principles. The United Nations Convention on Contracts for the International Sale of Goods will not apply.
Except as set forth below in Section 12.3, any dispute arising out of or in connection with the Agreement, including any disputes regarding the existence, validity or termination thereof, shall be settled by arbitration. The parties agree to arbitrate all disputes by arbitration arranged by the Hong Kong International Arbitration Centre (“HKIAC”) in accordance with the rules of arbitration procedure adopted by the HKIAC and in force at the time when such proceedings are commenced. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and OKSPIN 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 and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in court: (a) to enforce its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), including without limitation to seek injunctive relief; (b) in cases that do not involve intellectual property rights, to seek temporary, preliminary or other expedited or provisional injunctive relief (but not money damages), you and OKSPIN agree that any judicial proceeding as described above may only be brought in a court of competent jurisdiction in Hong Kong. Both you and OKSPIN consent to venue and personal jurisdiction there. The parties agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defences otherwise available.
You agree that the provisions of the following Sections shall survive termination of the Terms or your use of our Site, for any reason whatever: the Intellectual Property Ownership, Trademarks and Trade Names, Disclaimers of Warranties, Limitation of Liability, Indemnification, Governing Law and Jurisdiction, and General sections.
Effective as of September 01, 2021