Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of the web portal at https://www.okiegamez.com (the “Site”), partner websites, the mobile application (the “App”) and other portals (collectively, the “Platform” or the “Okie Platform”) operated by Okie Gamez Inc. and/or its subsidiaries and affiliates (collectively, “Okie,” “Company,” “we,” “us,” “our”). Okie offers various skill and learning-based digital games and other promotional and interactive features (collectively “Games”) including matches, challenges, tournaments and competitions in respect of such skill and learning-based digital games (“Competitions”). These Terms set out the terms and conditions that apply when you use our Services. If you don’t wish to be bound by the Terms, do not click “I accept” or access the Okie Platform, and do not use the Services. Declining to accept these Terms means you will be unable to participate in Competitions or use the Okie Platform.
BY ACCESSING THE OKIE PLATFORM, USING THE SERVICES IN ANY WAY, CLICKING “I ACCEPT”, OR REGISTERING FOR AN ACCOUNT OR PARTICIPATING IN ANY COMPETITIONS, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND ALL OBLIGATIONS AND RULES THAT MAY BE INCLUDED WITHIN EACH COMPETITION IN WHICH YOU PARTICIPATE IN THEIR ENTIRETY; (B) AGREE TO BE BOUND BY THE TERMS; AND (C) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS. If you don’t agree to be bound by these Terms, you shall not use the Okie Platform or the Services or participate in the Competitions. Each time you access and/or use the Services, you agree to be bound by and comply with these Terms, as updated from time to time, and any Additional Terms (defined below).
Please review our Privacy Policy, which also governs your use of the Services, for information on how we collect, use and share your information.
We may update the Terms from time to time in our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App and/or may also send other communications via e-mail or as in-app notifications. It’s important that you review the Terms whenever we update them. If you continue to use the Services after we have posted updated Terms it shall mean that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
Any user of the Platform must:
If any one of these requirements is not met at any time, we may suspend or close your User Account with or without notice. Okie officers, directors and employees may use the Services for the purpose of testing the user experience and for any other purpose required to ensure optimal operation of the Okie Platform and Services. Okie contractors, affiliates, or partners may use the Services without such limitation, but only if they do not have any access to non-public information relating to the Services that would lead to any advantage in their use of the Services or participation in the Competitions.
In order to avail of the Services, you may first register for an Account (the “Account”) through our sign-up registration process. Individuals who sign-up for the Services and receive an Account are referred to in these Terms as “Users.”
If you register for any feature that requires a password and/or username (which we make available from time to time), then you will select your own password at the time of registration (or we may send you an email notification with a randomly generated initial password) and you agree that:
We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability. You represent and warrant to us that: (i) you have the right, authority, and capacity to agree to these Terms, to register for a User Account, and to avail of the Services for which you register, including, without limitation meeting the eligibility requirements set forth in Section 1 above; (ii) you will comply with these Terms when participating in / receiving Services, and/or using the Services; and (iii) all information you supply to us is complete, accurate and current. Failure to comply with these Terms and/or knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information may result, without limitation, in immediate termination of your User Account and forfeiture of any monetary or other rewards and any amounts accrued or deposited towards the Account, without Okie being liable in any manner for such termination or suspension of the Account.
As an integral part of providing our Services we may collect location information from your device and this shall be governed by our Privacy Policy.
We do not knowingly collect or process personal data from or about, or direct or target interest-based advertising to, anyone under the age of 13 (or under the age of 16 for those in the EEA, United Kingdom, or Switzerland), nor do we knowingly allow such individuals to use our Services. If you believe we might have any data from or about a child under this age, please contact us. If we learn that we have inadvertently gathered such information, we will delete it
Users are required to undergo a personal information verification (“KYC”) process whenever they seek to withdraw any amount from their Account as permitted under these Terms. For the purposes of this KYC process to verify a User’s identity, the User will be required to submit the required information and Okie will rely on appropriate third-party service providers to authenticate such information provided by the User. The information submitted for this purpose will be dealt with in accordance with our Privacy Policy.
We appreciate feedback, comments, ideas, proposals and suggestions for improvements to the Services (“Feedback”). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
If any version of the Services are identified as a “beta” version, you agree that it may contain fewer or more features than the final version of the relevant Services and that no final version may be released in respect of the said “beta” version. The features, capabilities and other characteristics of the said “beta” version may be subject to change or variation at our discretion and may not be suitable for production use and may contain errors that may affect its operation and functionality.
You acknowledge that various rules, regulations and laws addressing matches and tournaments with entry fees and/or prizes govern your participation or availing of the Services (“Gaming Laws”), and that Gaming Laws are set up by each individual state within the United States. Therefore, we DO NOT permit Cash Competitions (as defined in Section 14) to be offered to users participating from any state in which such Cash Competitions violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Last Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Maryland, Michigan, Montana, Nevada, South Carolina, South Dakota, Tennessee and Washington. For card games, Prohibited Jurisdictions also include Georgia, Indiana and Maine. For Bingo Clash, Prohibited Jurisdictions will include Vermont. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. We reserve the right (but have no obligation) to monitor the location from which you access Services, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing.
In addition to Gaming Laws, you are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to some or all of the Services may not be legal for some or all residents of, or persons present in, certain jurisdictions. SERVICES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. You agree that availing of Services is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF THE OKIE PLATFORM OR AVAILING OF ANY SERVICES OR PARTICIPATING IN ANY COMPETITION, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
Okie may require payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees.
You agree not to do or attempt to do any of the following:
By entering a Competition or availing any of the Services, Users agree to be bound by these Terms, Additional Terms, Competition Initial Rules, and other applicable rules and terms, and our decisions, which shall be final and binding in all respects. We may, in our sole discretion, disqualify any User from a Competition, refuse to award benefits or prizes and require the return of any prizes, if the User engages in conduct or otherwise utilizes any information or tactics we deem to be improper, unfair or otherwise adverse to the operation of the Competition or is in any way detrimental to other Users.
Users further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.
Okie respects copyright law and expects its Users to do the same. It is Okie’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. The Digital Millennium Copyright Act (“DMCA”) provides copyright owners who believe that their rights under the United States copyright law have been infringed by acts of third parties over the Internet with ways to protect their rights. If you believe that your copyrighted work has been copied without your authorization and is available in the Services in a way that may constitute copyright infringement, you can provide notice of your claim to the designated agent listed below. For your notice to be effective, it must include the following information:
In connection with the foregoing, you may contact us at: 1010 North 7th Street, Suite 304-307, Harrisburg, PA 17102; legal@okiegamez.com.
The Services (including the App) may allow you to access third-party websites or other resources. We provide access only as a convenience and are not responsible for the content, products or services on or available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party resources.
We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you and without any liability. Upon any termination, discontinuation or cancellation of the Services or your account, any payment obligations to us will survive. Any and all portions of these Terms that are intended to survive termination, discontinuation or cancellation will survive and shall continue to be in full force.
THE SERVICES (INCLUDING USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services. You acknowledge that Okie has no control over, and no duty to take any action regarding what effects the Services (including User Content) may have on you; how you may interpret or use the Services (including User Content); or what actions you may take as a result of having been exposed to the Services (including User Content).
Okie is not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of the Services; (2) downloading any information during the course of use of the Serviced; and/or (3) violation of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties, as such the foregoing disclaimer may not apply to you in its entirety.
You will indemnify and hold Okie and its officers, directors, employees and agents, harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Okie Platform or Services; (b) your participation in Competitions; (c) your User Content; (c) your violation of these Terms, (d) your violation of Applicable Laws; and/or (iv) your negligence or misconduct.
These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New Jersey, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 25 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Okie are not required to arbitrate will be the state and federal courts located in Delaware, and you and Okie each waive any objection to jurisdiction and venue in such courts.
If you have any questions about these Terms or the Services (including all inquiries unrelated to copyright infringement), please contact Okie at:
1010 North 7th Street,
Suite 304-307, Harrisburg, PA 17102