Slidejoy

Terms of Service




<br> <br> <p> <b>SLIDEJOY END-USER LICENSE AGREEMENT AND TERMS OF SERVICE</b> </p> <p>LAST REVISED ON: March 22, 2016</p> 1. ABOUT THIS AGREEMENT <p>The following terms and conditions govern your download and use of the Slidejoy smartphone and mobile device application (the “Slidejoy Application”) and the Flappy Kings smartphone and mobile device application (“the Flappy Kings Application”) (collectively, the “Applications”), and your use of the getslidejoy.com website (the “Site”) and all content, products, promotions, services and functionality available at or through the Applications and the Site (collectively, together with the Applications and the Site, the “Services”). The Services are owned and operated by Slidejoy, Inc., a Delaware corporation (“Slidejoy”, “we”, “us” or “our”). </p> <p>The Slidejoy Application allows businesses and advertisers (collectively, “Advertisers”) to deliver attractive ads, coupons, deals, and other advertising content (collectively, “Ad Content”) on the mobile lockscreen of consumers who have downloaded and installed the Slidejoy Application. The Flappy Kings Application allows end users to earn Slidejoy coins (“Coins”) by playing the game or watching Ad Content, and redeem the Coins on Sweepstakes and Tournament entries, as defined in Section 5. The users of these Applications are referred to collectively as “End Users”, and each, an “End User”. As further described below, at Slidejoy’s sole and absolute discretion, Slidejoy compensates End Users of the Applications with Slidejoy carats (“Carats”), which are then redeemable for cash, products and services, and may even be converted into charitable contributions. The Services are offered subject to the terms and conditions contained herein and in all other operating rules, policies and procedures that may be published from time to time through the Services by Slidejoy (collectively, the “Agreement”). PLEASE NOTE THAT THIS AGREEMENT CONTAINS MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION 18 BELOW. Without limiting the foregoing, the Agreement also incorporates by reference (1) the Slidejoy Privacy Policy https://www.getslidejoy.com/privacy, as it may be amended from time to time and posted on the Site or published through the Application (the “Privacy Policy”), and (2) if you are an Advertiser, a written agreement between you and Slidejoy setting forth the terms of the specific monetization activities you are requesting in connection with the Services (each such agreement with an Advertiser, an “Advertising Agreement”). If you wish to become an Advertiser with us, please email us at app@getslidejoy.com. </p> <p>PLEASE READ THIS END-USER LICENSE AGREEMENT AND TERMS OF SERVICE AND OUR PRIVACY POLICY CAREFULLY BEFORE DOWNLOADING AND USING THE APPLICATION OR USING ANY OF THE OTHER SERVICES. By clicking on or pressing “I accept”, “I agree” or similar verbiage during the download and/or signup progress, or by accessing or using any other part of the Services, you agree to become bound by the terms and conditions of this Agreement, which form a legally binding contract between you and Slidejoy. If you do not agree to all the terms and conditions of this Agreement, then you may not download the Applications or access or use any Services. If you are using the Services on behalf of an employer or another entity, you represent and warrant that you have the authority and capacity to bind such entity to the Agreement. </p> <p> <b>The Services are available only to individuals who are at least 13 years old. The Flappy Kings Application is only available to legal residents or citizens of the United States of America</b>. </p> <p>If you are less than 13 years old, you may not download the Applications or use the Services. In addition, please note that End Users based outside of the United States may not download the Flappy Kings Application and are not eligible to earn or redeem Carats associated with the Flappy Kings Application. </p> 2. ACCEPTABLE USE POLICY <p>Whether or not you register for an account with us, the Services are only available for access and use by you for lawful purposes. You understand that when using the Site or Applications, you may be exposed to user content (including, without limitation, Ad Content) provided by other users or third parties, and you agree that Slidejoy is not responsible for the accuracy, safety, appropriateness or intellectual property rights in or related to such user content. Any action by you or associated with your account that we believe, in our sole and absolute discretion: (a)&nbsp;violates the Agreement. (b)&nbsp;restricts, inhibits, disrupts, interferes with, limits, or prevents access or use of the Services. or (c)&nbsp;through the use of the Services, abuses, defames, harasses, disparages or threatens another user of the Services or any other third party, is strictly forbidden. </p> <p>You also may NOT:</p> <p>•&nbsp;&nbsp. solicit for commercial purposes other users of the Services, unless permitted by and in accordance with an Advertising Agreement;</p> <p>•&nbsp;&nbsp. use the Services to distribute or post solicitations, promotional materials, spam, junk mail, chain letters, or pyramid schemes, unless permitted by and in accordance with an Advertising Agreement;</p> <p>•&nbsp;&nbsp. use metatags or any other “hidden text” utilizing any of our or any third party’s product names or trademarks;</p> <p>•&nbsp;&nbsp. harvest or otherwise collect personal information about users, including e-mail addresses, without their consent;</p> <p>•&nbsp;&nbsp. use any robot, spider, crawler, scraper or other automated means to access the Services, unless permitted by and in accordance with an Advertising Agreement;</p> <p>•&nbsp;&nbsp. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure. or</p> <p>•&nbsp;&nbsp. bypass any measures we may use to prevent or restrict access to the Services or certain features or modules of the Services.</p> <p>We reserve the right to immediately block or disable your ability to use the Applications, and/or otherwise suspend or terminate your access to the Services, if, in our sole and absolute discretion, we believe that you have engaged in any of the foregoing activities or that they have occurred in association with your account or password. </p> 3. OUR INTELLECTUAL PROPERTY RIGHTS <p>The proprietary software associated with the Applications and the Services, including any enhancements or modifications thereto and any related documentation, as well as the visual and textual elements and the selection, arrangement and compilation of data embodied in (and/or displayed during the execution of) the software, are copyrighted works and exclusively owned by Slidejoy. In addition, the Services, including all software, Slidejoy content, inventions, technology, products, services and Slidejoy data provided on the Site or through the Services, are protected under United States and international copyright, patent, trademark and/or other intellectual property laws and incorporate valuable confidential information and trade secrets of Slidejoy, and are the exclusive property of Slidejoy and its licensors. All suggestions, requests and feedback you may communicate to us regarding the Services, and all inventions, improvements, modifications, product or service ideas, and concepts contained therein (collectively, “Feedback”), shall become the exclusive property of Slidejoy. You hereby assign all worldwide rights, title and interest in, to and under any such Feedback to Slidejoy and agree to execute and deliver any assignments or other instruments or documents that we may request in order to confirm, perfect, record or enforce our rights with respect to the Feedback. </p> 4. LIMITED LICENSE <p>Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, Slidejoy grants to you a limited, personal, non-exclusive, revocable, non-sublicensable, non-transferable license to (a)&nbsp;download, install, and use the Applications to use on a single mobile device, (b)&nbsp;receive and use Rewards as defined and provided in Section&nbsp;5, and (c)&nbsp;use the Services, in each case for your internal personal or commercial purposes but not for commercial resale, sublicensing, time-sharing or service bureau usage. All rights not expressly granted to you by the foregoing sentence are reserved by Slidejoy. Without limiting the generality of the foregoing, you may not interfere with the Services in any way, or copy, modify, distribute or reverse engineer, decompile or disassemble Applications or the Services, or make any derivative works based on the Applications or other Services (including any customization, translation, or localization). <b>Your compliance with the requirements in this Section&nbsp;4 is a condition to, and material inducement and consideration for, our granting you the right to access and use the Applications and the Services</b>. Any unauthorized use or other activity by you in violation of the Agreement will cause the licenses granted to you by Slidejoy in this Section&nbsp;4 to terminate automatically. </p> <p>This Agreement does not transfer from Slidejoy to you any Slidejoy or third party intellectual property, and all right, title and interest in, to and under such property will remain solely with Slidejoy or such third party, as applicable. All rights not expressly granted in this Agreement are reserved to Slidejoy. Slidejoy, GetSlidejoy.com, the Slidejoy logo, the Flappy Kings logo and all other trademarks, service marks, graphics and logos used or displayed in connection with the Services are trademarks or registered trademarks of Slidejoy or Slidejoy’s licensors. Your use of the Services grants you no right or license to reproduce or otherwise use any Slidejoy or third-party trademarks. </p> 5. END USER ACCOUNTS <p>If you sign up for the Services, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not use another person’s Slidejoy account or share your password with another person. When creating your account, you must provide accurate, complete and non-misleading information. You agree to immediately notify Slidejoy of any unauthorized uses of your account or login credentials or any other breaches of security. Slidejoy will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. Our current policy limits you to the creation of only one Slidejoy account per mobile device. </p> <p>Account features differ depending on whether they are held by End Users (each, an “End User Account”) or Advertisers (each, an “Advertiser Account”). Special features and terms and conditions pertaining to End User Accounts and Advertiser Accounts are set forth in Section 5 and Section 6, respectively. </p> <b> <i>A. </i> </b> <b> <i>Slidejoy Application</i> </b> <p>When you download the Slidejoy Application, you will be prompted to register for an End User Account, and Slidejoy may then begin displaying Ad Content on the lockscreen of your mobile phone. After that, all of your interactions with Slidejoy will be recorded, stored in our servers, and associated with your End User Account. Among other things, your End User Account will keep track of your Carats, your Carat redemption options, and your Carat redemption history. YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE CARATS WHEN SIGNED INTO YOUR END USER ACCOUNT. From time to time, at Slidejoy’s sole and absolute discretion, you may have the option to redeem your Carats for cash or other benefits. </p> <p>There is more than one way to receive Carats using the Slidejoy Application. The simplest way is by engaging with Slidejoy by moving the lockscreen unlock slider (i)&nbsp;to the right to unlock your phone, or (ii)&nbsp;to the left to engage with the Ad Content. For example, if you slide left to watch a video advertisement, you may receive Carats, or if you use a coupon provided through the Application, you may receive Carats. However, please note that in each case, you will have the opportunity to receive the <b> <i>same number of Carats </i> </b>by sliding right to simply unlock your screen. The reason is that Slidejoy aims for honest interactions and discourages disingenuous interactions intended for the sole purpose of generating Carats. While you are not prohibited from sliding left every time Ad Content is displayed on your lockscreen, Slidejoy’s proprietary smart algorithm is optimized to screen for abuse and will automatically decrease the number of Carats offered to End Users who attempt to abuse the system. Therefore over time, you may find that sliding left too much will result in a reduced opportunity to receive Carats. To avoid these consequences, Slidejoy recommends that you use your smartphone or mobile device as you normally do and that you engage only with Ad Content that genuinely interests you. </p> <b> <i>B. </i> </b> <b> <i>Flappy Kings Application</i> </b> <p>When you download the Flappy Kings Application, you may either begin playing immediately or you will be prompted to register for an End User Account. If you register for an End User Account, all of your interactions with Slidejoy will be recorded, stored in our servers, and associated with your End User Account. The Flappy Kings Application will allow you to acquire Coins, which you can then use to enter Tournaments or Sweepstakes to win Carats. Though you may use the Flappy Kings Application without an End User Account, YOU WILL ONLY BE ABLE TO ACCRUE, RECEIVE AND STORE COINS AND CARATS WHEN SIGNED INTO YOUR END USER ACCOUNT. FOR THE AVOIDANCE OF DOUBT, PRIZES RECEIVED FROM A TOURNAMENT OR SWEEPSTAKES WILL BE OVERWRITTEN BY A SUBSEQUENT PRIZE IF YOU DO NOT SIGN UP FOR AN END USER ACCOUNT BEFORE THE RESULTS OF THE SECOND TOURNAMENT OR SWEEPSTAKES ARE POSTED. Among other things, your End User Account will keep track of your Coins and Carats, your Carat redemption options, and your Carat redemption history. From time to time, at Slidejoy’s sole and absolute discretion, you may have the option to redeem your Carats for cash or other benefits. </p> <p>There is more than one way to receive Coins using the Flappy Kings Application. You can accrue Coins while playing Flappy Kings, or you can watch Ad Content on the Main Menu of the Flappy Kings Application. <b>You may only use Coins to participate in Tournaments or Sweepstakes, as defined below.</b> </p> <p>i.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp. Tournaments</p> <p>You may enter contests of skill (“Tournaments”) on the Flappy Kings Application to try to earn Carats. You may be required to enter a Tournament using Coins that you have acquired using the Flappy Kings Application. End Users with the highest points at the end of a Tournament period are the winners. Tournament Official Rules can be found here: https://www.getslidejoy.com/terms#tournament. &nbsp;By participating, you agree to these Tournament Official Rules, including any Specific Tournament Terms.</p> <p>ii.&nbsp;&nbsp;&nbsp;&nbsp. Sweepstakes</p> <p>You may also enter games of chance (“Sweepstakes”) on the Flappy Kings Application to try to win Carats. You may enter a Sweepstakes (i) via the Flappy Kings Application using Coins that you have acquired using the Flappy Kings Application, or (ii) by submitting a 3 X 5 postcard for free entry. At the end of a Sweepstakes period, a winner will be drawn at random. Sweepstakes Official Rules can be found here: https://www.getslidejoy.com/terms#sweepstake. By participating, you agree to these Sweepstakes Official Rules, including any Specific Sweepstakes Terms.</p> <b> <i>C. </i> </b> <b> <i>Applications Generally</i> </b> <p>Whether you are using the Slidejoy Application or the Flappy Kings Application, or both, your Coin and Carat balance (“Rewards”) will be reflected in your End User Account. If you use both Applications to acquire Rewards, your End User Account will reflect the entire balance of Rewards from both Applications. Depending on the current value of a Carat, which will be determined at Slidejoy’s sole and absolute discretion, you may, from time to time, redeem them for cash, products and services, and or convert them into charitable contributions. </p> <p>Rewards obtained via the Applications are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license. Rewards may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service. You have no property interest, right or title in or to any such Rewards appearing or originating in the Applications, or any other attributes associated with use of Slidejoy or its Applications. Any Reward balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. </p> <p> <b>PLEASE NOTE THAT SLIDEJOY DOES NOT AND CANNOT PROMISE OR GUARANTEE THAT YOU WILL RECEIVE ANY NUMBER OF REWARDS OR THAT YOU WILL RECEIVE ANY AMOUNT OF AD CONTENT IN CONNECTION WITH YOUR USE OF THE SERVICES, OR ANY AMOUNT OF VALUE, MONETARY OR OTHERWISE, WHEN YOU REDEEM YOUR CARATS</b>. Slidejoy’s ability to provide Rewards depends on whether, and how much, Slidejoy gets paid by the relevant Advertiser, and due to the complex nature of its relationships with Advertisers, whether Slidejoy gets paid, and how much, may vary over time. We will, in our sole and absolute discretion, determine and communicate the availability and exchange rate of Rewards, which may be modified at any time. The availability and exchange rate for Rewards may vary for a variety of reasons, such as non-payment by Advertisers or changes in our arrangements with Advertisers or in applicable laws and regulations. You must comply with any individual Reward limitations as indicated by Slidejoy (or Advertiser’s terms or website). We reserve the right to cancel, restrict or terminate Rewards at any time for any reason. All redemptions are subject to this Agreement and any third-party terms associated with Advertisers. </p> <p>As noted, each time you receive Rewards, we place the Rewards in your End User Account. Your ability to receive and redeem Rewards is conditioned on your compliance with the Agreement. You may access your End User Account to modify your account settings or to review your Reward balances and Carat redemption choices. You may log in by entering your username and password with the Applications or through the Site. </p> <p>You may log into your End User Account to redeem your accumulated Carats. While we reserve the right to modify when and how you can redeem Carats at any time in our sole and absolute discretion, as of the “Last Updated” date of this Agreement set forth below (the “Effective Date”), you can redeem your Carats by visiting the area of your End User Account interface (accessible through the Application) called the Exchange View (the “Exchange View”). </p> <p>While in Exchange View, you may redeem your Carats pursuant to one of the redemption methods then available to you. As of the Effective Date, End Users may have a choice to exchange their Carats to donate to various nonprofit organizations directly in the app (“Hero Mode”) or receive a cash payout through PayPal or another third party payment provider we may make available to you for redemption purposes from time to time (“Normal Mode”). From time to time, Carats may also be redeemable for gift cards, products, services and other special offers. </p> <p>When using the Slidejoy Application, your Carat balance will be updated on the first of each month (each such date, a “Pay Day”), and the updated balance will include Carats up until the last day of the previous month. For example, February&nbsp;Carats earned through the Slidejoy Application will be eligible for redemption on March 1. When using the Flappy Kings Application, any Carats earned will be immediately redeemable. <b>For both Applications, however, the Carats remain the property of Slidejoy, not you, at all times</b>. </p> <p>You may close your End User Account at any time by logging in and adjusting the appropriate settings. We will ask that you use Rewards prior to closing your Slidejoy Account. If your End User Account is closed and you fail to properly or completely use your Rewards before such time, you will no longer be able to use or redeem them.</p> <p>In addition, your End User Account will be terminated after three (3) months of inactivity. We also reserve the right to terminate your End User Account at any time for breach of this Agreement. You will no longer be able to use any Rewards in your End User Account after termination. We may do this without prior notice, but may attempt to notify you afterward where feasible. </p> 6. ADVERTISER ACCOUNTS <p>Advertisers may access details pertaining to the performance of advertising campaigns managed by Slidejoy in connection with the Services by logging into their Advertiser Account and utilizing Slidejoy’s proprietary tracking and reporting system. You agree not to use any of the information accessed or obtained through your Advertiser Account except for internal business purposes in connection with this agreement. </p> <p>Advertisers’ use of the Services is subject to all of the terms and conditions in their respective Advertising Agreements with Slidejoy. Advertisers may not register for or use an Advertiser Account unless they have an Advertising Agreement with Slidejoy. In the event of any conflict between this End User License Agreement and Terms of Service and the Advertising Agreement, the Advertising Agreement shall control solely with respect to the specific advertising campaigns and other activities described in the Advertising Agreement. </p> 7. COLLECTION OF INFORMATION <p>For details about our data collection and data use practices, please see our Privacy Policy <b>https://www.getslidejoy.com/privacy</b>. As explained in the Privacy Policy, the Applications may collect, store and share geolocation information (i.e., information about your current location) that you choose to make available to Slidejoy and our Advertisers others through the Services as well as collecting and storing anonymized, aggregated geolocation data from your mobile device’s GPS function. To uninstall the Applications, please follow the default uninstall process for your mobile device. </p> <p>If you are downloading or using the Applications or the Services from outside the United States, please be aware that your information (including geolocation information collected through the Application) will be transferred to, stored and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as protective as those in your country. By downloading and using the Applications, which are provided exclusively from the United States, you hereby consent to the transfer of your information to the United States and its collection, storage, sharing and use as described in the Privacy Policy. You further agree that all transactions relating to the Applications and the Services shall be deemed to have occurred in the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with all local laws, statutes, rules, regulations and codes. </p> 8. MOBILE AND INTERNET SERVICES <p>Whenever you utilize the Services from your mobile phone, you thereby agree to receive such services on the device you designate for such purposes and understand that your wireless or internet services provider’s standard SMS and/or data rates may apply to these services. By using the Services, you agree to be responsible for any fees that we may impose or that are incurred as a result of your use of the Services. You hereby represent and warrant that you are the owner or authorized user of any smartphone or other wireless device that you use to access the Services, and that you are authorized to approve all associated SMS and data charges. </p> 9. THIRD PARTY LINKS AND SITES <p>We have not reviewed, and cannot review, all of the material, including the Ad Content and computer software, made available through the Services, or websites, webpages and applications to which such Ad Content, the Applications or the Site links, or with which they are integrated (such as Facebook and Twitter), or that link to the Applications or the Site (“Third Party Sites”). Slidejoy does not have any control over those Third Party Sites, does not recommend or endorse them, and is not responsible for their contents or their use. We have no responsibility for or control over such privacy or security practices or any Third Party Site’s collection, storage, use or disclosure of information from you. You should read and are responsible for abiding by the privacy policies, use or service agreements or terms of use, and any other policies of Third Party Sites. </p> 10. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY INFRINGEMENT <p>As Slidejoy asks others to respect its intellectual property rights, it respects the intellectual property rights of others, and requires its users and customers to do so. If you are a copyright owner or an agent thereof and believe that any user content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C §&nbsp;512(c)(3) for further detail): </p> <p>•&nbsp;&nbsp. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. </p> <p>•&nbsp;&nbsp. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Services or available through our services are covered by a single notification, a representative list of such works at those locations. </p> <p>•&nbsp;&nbsp. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Slidejoy to locate the material;</p> <p>•&nbsp;&nbsp. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;</p> <p>•&nbsp;&nbsp. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. and</p> <p>•&nbsp;&nbsp. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</p> <p>Slidejoy’s designated Copyright Agent to receive notifications of claimed infringement is Robert Seo, Copyright Agent, e-mail: app@getslidejoy.com, address: 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001. For clarity, only DMCA notices should go to the Copyright Agent. any other feedback, comments, requests for technical support, and other communications should be directed to Slidejoy customer service. You acknowledge that if you fail to comply with all of the requirements of this Section&nbsp;10, your DMCA notice may not be valid. </p> 11. UPDATES AND CHANGES. <p>From time to time, the Applications may automatically download and install, or may prompt you to download and install, updates from Slidejoy. These updates are designed to improve, enhance and further develop the Applications and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions. You agree to receive such updates (and permit Slidejoy to deliver these to you) as part of your continued use of the Applications. While you may refuse to download and install updates, doing so may cause your access to the Applications and/or the Services to be disabled. </p> <p>We are constantly innovating in order to provide the best possible experience for our users. You acknowledge and agree that the form, features and/or nature of the Applications and the Services which we provide may change from time to time without prior notice to you. We may also cease or discontinue providing the Applications or the Services, or support or upgrades for the Applications, at any time. Such new features and/or services shall be subject to the terms and conditions of the then-current version of the Agreement as well as any additional terms and conditions that Slidejoy may post on the Site or make available through the Services. Slidejoy may also modify or eliminate services, modules or features of the Applications or Services. your sole and exclusive remedy, and Slidejoy’s sole liability, in connection with any such change, modification or elimination is to terminate your account with us. </p> <p>Slidejoy reserves the right, at its sole discretion, to amend or update any part of the Agreement by posting the amended or updated Agreement on the Site or making it available through the Applications. While we may attempt to notify you when major changes are made to the Agreement, it is your responsibility to check the Agreement periodically for changes, and you should check the “Last Updated” dates at the top of this End-User License Agreement and Terms of Service and our Privacy Policy to familiarize yourself with the latest version of the Agreement. Your continued use of or access to the Services following the posting or distribution of any changes to the Agreement constitutes acceptance of those changes. </p> 12. TERMINATION <p>Slidejoy may terminate your access to all or any part of the Services, or block or disable your access or use of the Applications, at any time, with or without cause, with or without notice, effective immediately. Without limiting the foregoing, Slidejoy may terminate your access to all or any part of the Services, stop displaying Ad Content on your lockscreen, or block or disable your access or use of the Applications, if (a)&nbsp;Slidejoy believes that you have breached any provision of the Agreement (or have acted in manner which shows that you do not intend to, or are unable to comply with the provisions of the Agreement). (b)&nbsp;Slidejoy is required to do so by law (for example, where the provision of the Applications to you is, or becomes, unlawful). (c)&nbsp;Slidejoy is transitioning to no longer providing the Applications to users in the state or country in which you are resident or from which you use the Applications. or (d)&nbsp;Slidejoy believes that your use of the Applications may infringe or violate the rights of a third party or subject Slidejoy to civil or criminal liability or reputational harm. Termination may result, in Slidejoy’s sole discretion, in the forfeiture and destruction of all information associated with your account and any Rewards or any advertising revenue earned prior to such date. All provisions of this Agreement which by their nature should survive termination of this Agreement, including, without limitation, ownership provisions, warranty disclaimers, indemnity, limitations of liability, and miscellaneous terms, shall do so. If your account is cancelled or terminated for any reason, you will no longer be able to access information you have stored under your account. </p> 13. DISCLAIMER OF WARRANTIES <p>YOU AGREE THAT USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. SLIDEJOY AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND/OR YOUR USE THEREOF INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, FREEDOM FROM VIRUSES, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS. </p> <p>SLIDEJOY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THEIR CONTENT OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, THE AD CONTENT) AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ERRORS, MISTAKES, OMISSIONS OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES, YOUR ACCOUNT OR OUR SERVERS, AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, MALWARE, ADWARE AND/OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE TO CONTENT OR DATA (WHETHER STORED THROUGH THE SERVICES OR OTHERWISE), OR (VII) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, IMPORTED, TRANSMITTED, DISTRIBUTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. SLIDEJOY DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE OR OPPORTUNITY ADVERTISED OR OFFERED BY AN ADVERTISERS OR THIRD PARTY THROUGH THE SERVICES, OR ANY HYPERLINKED OR INTEGRATED WEBSITE OR SERVICES, AND SLIDEJOY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING OR ENFORCING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY (INCLUDING ANY ADVERTISER OR OTHER THIRD PARTY WHICH OFFERS OR ATTEMPTS TO TAKE ADVANTAGE OF A DEAL OR PROMOTION THROUGH THE SERVICES). </p> <p>Some states do not allow the disclaimer of implied warranties in some circumstances, so if the laws of such a state apply to your dealings with us and if the requisite circumstances exist in your case, then some portion or all of the foregoing disclaimer may not apply to you. The law of warranty varies from state to state and the law applicable in your particular case may give you specific legal rights. </p> 14. LIMITATION OF LIABILITY. RELEASE <p>UNDER NO CIRCUMSTANCES SHALL SLIDEJOY OR ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, OR SUPPLIERS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES) WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SLIDEJOY OR ANY OF THE FOREGOING PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. </p> <p>YOU AGREE THAT THE LIABILITY OF SLIDEJOY AND ITS AFFILIATES, DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS FOR ANY CLAIM OR SERIES OF CLAIMS WILL BE LIMITED IN THE AGGREGATE TO THE GREATER OF (i)&nbsp;THE AMOUNT PAID BY YOU TO US FOR THE RELEVANT SERVICES TO WHICH THE CLAIM OR CLAIMS RELATE DURING THE PREVIOUS THREE (3) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM OR SERIES OF CLAIMS OR (ii)&nbsp;FIFTY U.S. DOLLARS ($50.00). </p> <p>YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE SITE, THE APPLICATIONS, THE SERVICES AND SLIDEJOY AND ITS DIRECTORS, SHAREHOLDERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND SUPPLIERS, AND ITS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND ALL OTHER RELATED PERSONS OR ENTITIES, FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, SUITS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABLITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE SITE, APPLICATIONS OR THE SERVICES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR” (OR ANY EQUIVALENT STATUTORY PROVISION WITH A SIMILAR IMPORT OR INTENT). IF YOU ARE A RESIDENT OF A STATE OTHER THAN CALIFORNIA, YOU EXPLICITLY WAIVE THE TERMS AND PROTECTIONS OF ANY STATUTE OF YOUR OWN STATE THAT HAS A SIMILAR IMPORT OR INTENT. </p> <p>The foregoing limitations of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. </p> 15. REPRESENTATIONS AND WARRANTIES <p>You represent and warrant that (i)&nbsp;your use of the Services will be in strict accordance with the Agreement and with all applicable laws and regulations (including, without limitation, any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and all applicable laws regarding the transmission of technical or personal data exported from or into the United States or the country in which you reside, and all applicable laws pertaining to privacy, consumer rights, and unfair and deceptive advertising practices). and (ii)&nbsp;your use of the Services will not infringe or misappropriate the intellectual property rights or any other rights of Slidejoy or of any other user or third party. </p> 16. INDEMNIFICATION <p>To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Slidejoy, its affiliates and its and their respective members, managers, officers, employees, representatives and agents (the “Indemnified Parties”) from and against any and all claims, actions, lawsuits, damages, obligations, complaints, demands, allegations, losses, liabilities, costs or debt, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Losses”) arising out of or related to or in connection with your actual or alleged (a)&nbsp;use of and access to the Services, Site and the Applications, (b)&nbsp;violation, breach or default of any term of the Agreement, (c)&nbsp;violation by you or your Ad Content of any third party right including, but not limited to, any patent, trademark, service mark, copyright, trade secret, publicity or privacy right, or (d)&nbsp;any claim that you or any content which you submit or transmit via the Services (including, without limitation, your Ad Content) caused damage to a third party. </p> 17. NOTICES <p>All notices, demands and other communications hereunder shall be in writing and shall be effective upon receipt, provided that we may provide notice to you by posting announcements on the Site (or otherwise making them available through the Services) or sending an e-mail to you at the e-mail address that is currently associated with your account. Any such e-mail notice to you will be deemed given on the day it is sent. Except as specified in the next sentence, all notices to us of a legal nature shall be in writing and shall be sent by certified first-class U.S. mail, return receipt requested, to: <b>Slidejoy Inc., </b>22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor<b>, New York, New York 10001. </b>All notices regarding copyright or other intellectual property infringement issues shall be sent in accordance with our intellectual property policy described in Section&nbsp;10 above. If you have any questions about the Agreement, or if you need to notify us about a non-legal matter, then please contact us at app@getslidejoy.com or at the postal address set forth above. </p> 18. MISCELLANEOUS <p>You agree that no joint venture, partnership, employment or agency relationship exists between you and us or any of our affiliates as a result of this Agreement or your use of the Services. This Agreement (including the Advertising Agreement, if applicable, the Privacy Policy and all other Slidejoy operating policies, rules and procedures posted on the Site or Applications or made available through the Services from time to time) constitutes the entire agreement between Slidejoy and you concerning the subject matter hereof, and may only be modified by a written amendment signed by a duly authorized representative of Slidejoy, or by the posting by Slidejoy of a revised version of the Agreement on the Site, Applications or otherwise through the Services. </p> <p>Except as provided in the next paragraph with respect to requests for injunctive relief relating to a breach of your license rights or our intellectual property rights, any controversy, claim or dispute arising out of this Agreement or your use of the Services shall be resolved by final and binding arbitration. Such arbitration shall take place in New York City, New York, and shall be administered by a single arbitrator pursuant to the American Arbitration Association under its Commercial Arbitration Rules. The arbitrator shall be empowered to award any form of individual relief, including injunctive relief, and shall be instructed to apply the laws of the State of New York (excluding its applicable choice of law rules) to any interpretation or enforcement of this Agreement. In order to keep hearing costs down, hearings may, at your request, be conducted telephonically or entirely upon submissions. In addition, in the event that you prevail at the hearing, and the amount awarded to you by the arbitrator is greater than Slidejoy’s last written settlement offer to you, Slidejoy agrees to pay twice the amount of your reasonable attorney’s fees and costs, and a minimum award of five hundred dollars ($500). </p> <p>You expressly consent to the exercise of jurisdiction and venue by the state and federal courts located in New York City, New York. However, if we think you are violating your license to use the Services or our intellectual property or trade secret rights, we may bring an action for injunctive relief in any court of competent jurisdiction. </p> <p>In addition to the above, both you (and Slidejoy) waive the right to bring any claim or dispute related to this Agreement as a class action, consolidated, multi-district or collective action, or private attorney general action. You also agree not to participate in any class action, consolidated, multi-district or collective action, or private attorney general action regarding any claim or dispute related to this Agreement. </p> <p>If Slidejoy prevails in any arbitration or proceeding to enforce the Agreement or arising out of your access to or use of the Services, it shall be entitled to recover, in addition to all other available legal and equitable relief, its legal costs, including reasonable attorneys’ fees. If any part of the Agreement is held invalid or unenforceable, that part will be reformed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. The provisions of the Agreement are severable, and if any portion is adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect. Any waiver by either party of any term or condition of the Agreement or any breach thereof shall be in writing, executed by the party to be charged, and any such waiver, in any one instance, will not waive such term or condition in any other instance or any subsequent breach thereof. The Agreement is not assignable by you, except by operation of law. Slidejoy may assign its rights under the Agreement without condition. The Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. </p> 19. THIRD PARTY TERMS <p>End Users agree that in addition to the Agreement, your use of the Applications is subject to the usage rules set forth in Apple’s App Store terms of service, if you download the Applications from the App Store, or in Google Play’s terms of service, if you download the Applications from Google Play, or any other third party platform, developer or distributor end-user license agreement and/or terms and conditions by which you agree to be bound when you download the Applications or otherwise access the Services. </p> <p>Without limiting the generality of the foregoing, if you downloaded the Applications from Apple, you and Slidejoy acknowledge and agree to the following: This Agreement is concluded between you and Slidejoy only, and not with Apple Inc. (“Apple”). Slidejoy, not Apple, is solely responsible for the Applications and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Applications. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Applications, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Slidejoy’s sole responsibility. Slidejoy, not Apple, is responsible for addressing any claims by you or any third party relating to the Applications or your possession and/or use of the Applications, including, but not limited to: (i)&nbsp;product liability claims. (ii)&nbsp;any claim that the Applications fails to conform to any applicable legal or regulatory requirement. and (iii)&nbsp;claims arising under consumer protection or similar legislation. In the event of any third-party claim that the Applications or your possession and use of the Applications infringes that third party’s intellectual property rights, Apple will have no responsibility for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. You represent and warrant that (i)&nbsp;you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country. and (ii)&nbsp;you are not listed on any U.S. Government list of prohibited or restricted parties. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof. </p> 20. HOW TO CONTACT US <p>You may direct any questions, complaints or claims with respect to the Applications, the Site or the Services to: </p> <p>Slidejoy, Inc.</p> <p>E-mail: app@getslidejoy.com</p> <p>Last Updated: March 22, 2016</p> <p>&nbsp;</p> <br> <br> <br> <p> <b>Flappy Kings [General] Sweepstakes Terms </b> <br> </p> <b>No Purchase Necessary. Entry Instructions.</b>&nbsp. No purchase or payment of any money is necessary to enter.&nbsp. A&nbsp;purchase will not improve the chances of winning.&nbsp. VOID WHERE PROHIBITED OR WHERE REGISTRATION OR BONDING REQUIRED. Flappy Kings Sweepstakes are governed by these Official Rules and the Slidejoy End User License Agreement and Terms of Service available at https://www.getslidejoy.com/terms. <p> <b>SPONSOR:</b> Slidejoy, Inc. (“Sponsor”), 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001.</p> <p> <b>RULES: From time to time, Slidejoy may hold random drawings through the Flappy Kings Application (“Sweepstakes”) in which entrants can try to win Carats. </b>By entering a Sweepstakes, entrants agree to comply with these General Sweepstakes Terms, including all eligibility requirements, in addition to the terms associated with a specific Sweepstakes (“Specific Sweepstakes Terms”) (together, the “Official Rules”) and Slidejoy’s End User License Agreement and Terms of Service, available here: https://www.getslidejoy.com/terms. In the event of a conflict between these General Sweepstakes Terms and the Specific Sweepstakes Terms, the Specific Sweepstakes Terms control.</p> <p> <b>PROMOTION PERIOD:</b> The start and end time and dates for each specific Sweepstakes are indicated in the Specific Sweepstakes Terms.<b> </b> </p> <p> <b>ELIGIBILITY:</b> Sweepstakes are open to legal residents of the United States, who are at least the age of eighteen as of the beginning of the Sweepstakes Period (as defined in the Specific Sweepstakes Terms). &nbsp;Sweepstakes are subject to all applicable federal and local laws.<b> </b>Employees of Slidejoy and its parent companies, affiliated companies, subsidiaries and any of their agents, advertising, promotional and other agencies, and the immediate families (parents, siblings, children and spouse) and persons living in the same household of such employees/directors/officers are not eligible to enter a Sweepstakes or win a prize (the “Prize”). </p> <p>All entries must be submitted (and, if mailed in, postmarked) during a Sweepstakes Period as determined by Sponsor in its sole discretion.&nbsp. Any mail-in entries must be received within 7 days of the end of a Sweepstakes Period.&nbsp. Any attempt by a participant to obtain more than the allowable entries will void all of that participant’s entries. </p> <p>Sponsor’s computer is the official timekeeping device for a Sweepstakes.</p> <p>Sponsor reserves the right to verify any eligibility of all entrants. Illegible and/or incomplete entries, and entries submitted by entrants who do not meet the eligibility requirements are void. Sponsor and its agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter any Sweepstakes is prohibited and may result in the disqualification of entries and/or the entrant. In the event of a dispute regarding the identity of the person submitting an entry, Sponsor reserves the right to determine identity of entrant in its sole discretion. All entries become the sole property of the Sponsor and will not be acknowledged or returned. </p> <p> <b>WINNER SELECTION AND NOTIFICATION:</b> Sponsor will notify winners by email or U.S. Mail at the address associated with the winner’s entry form, and/or by other means consistent with a Sweepstakes within approximately ten (10) days following the drawing. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive account(s), technical difficulties associated therewith, or winner’s failure to adequately monitor any account. The winner must then respond to Sponsor within fourteen (14) days. Should the winner fail to respond to Sponsor, Sponsor reserves the right to disqualify that winner and select a new one in a second-chance random drawing. Sponsor will not be required to conduct more than one additional drawing for an alternative winner. Winner may be required to sign an affidavit of eligibility, liability release and a publicity release. </p> <p> <b>PRIZES:</b> The Specific Sweepstake Rules will indicate (i) the Prize to be awarded each winner, and (ii) the approximate retail value of each Prize awarded and the aggregate approximate value of all Prizes.&nbsp. No substitution, assignment or transfer of the prizes is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value.&nbsp. Prizes awarded may be subject to third-party terms and conditions.</p> <p> <b>PRIZE CONDITIONS: </b>By submitting an entry for a Sweepstakes, you agree to abide by these Official Rules, the Slidejoy Terms of Service, and any decision Sponsor makes regarding a Sweepstakes, which Sponsor shall make in its sole discretion.&nbsp. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor, Sponsor’s site, the entry process, intentionally submits more than a single entry (if applicable), violates these rules, or acts in an unsportsmanlike or disruptive manner<b> </b> </p> <p> <b>GENERAL CONDITIONS:</b> By participating in a Sweepstakes and/or by accepting a Prize, participants agree: (a) to be bound by these Official Rules, the decisions of the Sponsor and its designees, and the Privacy Policy of Slidejoy, available at https://www.getslidejoy.com/privacy, and (b) to release and hold harmless Sponsor, and its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities, any social media or advertising platform (including Facebook, Twitter and Instagram) and any person or entity associated with the production, judging or administration of a Sweepstakes (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in a Sweepstakes and/or their participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of any Prize or participation in any Prize-related activities). By participating in a Sweepstakes or accepting a Prize, participants consent to the use of their name and/or likeness (voice, biographical information, city and state of residence, statements, photograph, and recordings) as well as any Sweepstakes entry for advertising and promotional purposes (including, but not limited to, use on Sponsor's web site and/or Facebook, Twitter or Instagram account without additional compensation, except where prohibited by law). Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of a Sweepstakes for any reason at any time without any prior notice. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.</p> <p> <b>USE OF PERSONAL INFORMATION:</b> Entrants’ personal information will be collected, processed and used in accordance with Slidejoy’s Privacy Policy which can be found at https://www.getslidejoy.com/privacy.&nbsp. </p> <p> <b>RELEASE:</b> All decisions of Sponsor are final and binding. and entrants agree to waive any right to claim ambiguity in a Sweepstakes or these Official Rules, except where prohibited by law. By participating in a Sweepstakes or accepting a Prize, Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of Prize or participation in any Prize-related activities. Sponsor reserves the right to disqualify any entrant it suspects to be tampering with the entry process or the operation of a Sweepstakes or violating these Official Rules. The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, postage due, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission. (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors. (c) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials. (d) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a Prize, or from participation in a Sweepstakes. or (e) any printing, typographical, administrative or technological errors in any materials associated with a Sweepstakes. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing, uploading or downloading information in connection with a Sweepstakes, and reserves the right, in its sole discretion, to cancel, modify or suspend a Sweepstakes should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of a Sweepstakes. Sponsor may prohibit an entrant from participating in a Sweepstakes or winning Prize if, in its sole discretion, it suspects such entrant is attempting to undermine the legitimate operation of a Sweepstakes in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or representatives of Sponsor. Use of any automated system to participate is strictly prohibited and will result in disqualification.</p> <p> <b>GENERAL: </b>If for any reason a Sweepstakes is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of a Sweepstakes, Sponsor reserves the right to disqualify any individual it suspects of tampering with the entry process, operation of a Sweepstakes or web site, and to cancel, terminate, modify, or suspend a Sweepstakes without notice and to select the winner(s) from all eligible entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, or any combination thereof.</p> <p> <b>WINNER LIST/OFFICIAL RULES:</b> For a list of winner(s) or a copy of a Sweepstakes’s Official Rules, please send a self-addressed stamped envelope indicating the name of the particular Sweepstakes to: Slidejoy “Sweepstakes”, Winner List/Official Rules Request, Slidejoy, 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001, to be received no later than 90 days after the end of a Sweepstakes. </p> <br> <br> <p>&nbsp;</p> <p> <b>Flappy Kings [General] Tournament Terms </b> <br> </p> <p> <b>Tournaments are void where prohibited or restricted by law or where there are registration or bonding requirements. </b> </p> Flappy Kings Tournaments are governed by these Official Rules and the Slidejoy End User License Agreement and Terms of Service available at https://www.getslidejoy.com/terms. <p> <b>SPONSOR:</b> Slidejoy, Inc. (“Sponsor”) 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001.</p> <p> <b>RULES:</b> By entering a Tournament, entrants agree to comply with these General Tournament Terms, including all eligibility requirements, in addition to the terms associated with a specific Tournament (“Specific Tournament Terms”) and Slidejoy’s (together, the “Official Rules”) and Slidejoy’s End User License Agreement and Terms of Service https://www.getslidejoy.com/terms. In the event of a conflict between these General Tournament Terms and the Specific Tournament Terms, the Specific Tournament Terms control.</p> <p> <b>TOURNAMENT PERIOD:</b> The start and end time and dates for each specific Tournament are indicated in the Specific Tournament Terms.<b> </b> </p> <p> <b>ELIGIBILITY:</b> Tournaments are open to legal residents of the United States, who are at least the age of eighteen as of the beginning of the Tournament Period (as defined in the Specific Tournament Terms). &nbsp;Tournaments are subject to all applicable federal and local laws.<b> </b>Employees of Slidejoy and its parent companies, affiliated companies, subsidiaries and any of their agents, advertising, promotional and other agencies, and the immediate families (parents, siblings, children and spouse) and persons living in the same household of such employees/directors/officers are not eligible to enter Tournaments or win a prize (the “Prize”). </p> <p> <b>JUDGING AND WINNERS</b>: All Tournaments are contests of skill.&nbsp. A Tournament is void where any aspect of the Tournament is prohibited or restricted by law.&nbsp. Odds of winning depend on the skill and number of people participating.&nbsp. Specific Tournament Terms will generally indicate judging criteria and the number of winners to be selected.&nbsp. All winners will be selected on an objective basis with selection by the Sponsor (or its designees), or both, as indicated in the Specific Tournament Terms.&nbsp. Winners may subject to verification, including without limitation, verification of eligibility, compliance with the terms and conditions of a Tournament, and completion of any required documents.&nbsp. In the event of a tie based on the initial judging criteria, judges may compare the initially tied entries and make a determination of the winner in order to break the tie, or may provide additional prizes in the event of a tie.&nbsp. Sponsor will attempt to contact or notify potential winner, and Sponsor reserves the right to select an alternative winner in the event that potential winner fails to respond within the required time period.&nbsp. In the event of a dispute as to the identity of participants or winners, Sponsor shall make the final determination as to identity.&nbsp. You agree that, as between you and Sponsor, Sponsor has the sole right to decide all matters and disputes arising from any Tournament and that all decisions of Sponsor related to a Tournament are final and binding.&nbsp;&nbsp. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who they suspect has tampered with a Tournament, the entry or participation process, violated the terms of the Official Rules, or acted in an unsportsmanlike or disruptive manner.&nbsp;&nbsp. </p> <p> <b>PRIZES:</b> The Specific Tournament Rules will indicate (i) the Prize to be awarded each winner, and (ii) the approximate retail value of each Prize awarded and the aggregate approximate value of all Prizes.&nbsp. No substitution, assignment or transfer of the prizes is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value.&nbsp. Prizes awarded may be subject to third-party terms and conditions.</p> <p> <b>PRIZE CONDITIONS: </b>By entering a Tournament, you agree to abide by these Official Rules, the Slidejoy Terms of Service, and any decision Sponsor makes regarding a Tournament, which Sponsor shall make in its sole discretion.&nbsp. Sponsor reserves the right to disqualify and prosecute to the fullest extent permitted by law any participant or winner who, in Sponsor’s reasonable suspicion, tampers with Sponsor, Sponsor’s site, the entry process, intentionally submits more than a single entry (if applicable), violates these rules, or acts in an unsportsmanlike or disruptive manner<b> </b> </p> <p> <b>GENERAL CONDITIONS:</b> By participating in a Tournament and/or by accepting a Prize, participants agree: (a) to be bound by these Official Rules, the decisions of the Sponsor and its designees, and the Privacy Policy of Slidejoy, available at https://www.getslidejoy.com/privacy, and (b) to release and hold harmless Sponsor, and its parent companies, affiliates and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, attorneys and agents including, without limitation, their respective advertising and promotion entities, any social media or advertising platform (including Facebook, Twitter and Instagram) and any person or entity associated with the production, judging or administration of a Tournament (collectively, the “Released Parties”), from any and all claims, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to their participation in a Tournament and/or their participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of any Prize or participation in any Prize-related activities). By participating in a Tournament or accepting a Prize, participants consent to the use of their name and/or likeness (voice, biographical information, city and state of residence, statements, photograph, and recordings) as well as any Tournament entry for advertising and promotional purposes (including, but not limited to, use on Sponsor's web site and/or Facebook, Twitter or Instagram account without additional compensation, except where prohibited by law). Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of a Tournament for any reason at any time without any prior notice. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.</p> <p> <b>USE OF PERSONAL INFORMATION:</b> Entrants’ personal information will be collected, processed and used in accordance with Slidejoy’s Privacy Policy which can be found at https://www.getslidejoy.com/privacy.&nbsp. </p> <p> <b>RELEASE:</b> All decisions of Sponsor are final and binding. and entrants agree to waive any right to claim ambiguity in a Tournament or these Official Rules, except where prohibited by law. By participating in a Tournament or accepting a Prize, Winner agrees to release the Released Parties from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of Prize or participation in any Prize-related activities. Sponsor reserves the right to disqualify any entrant it suspects to be tampering with the entry process or the operation of a Tournament or violating these Official Rules. The Released Parties shall not be liable for: (a) late, lost, delayed, stolen, postage due, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission. (b) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors. (c) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials. (d) any injuries, losses or damages of any kind caused by the Prize or resulting from acceptance, possession or use of a Prize, or from participation in a Tournament. or (e) any printing, typographical, administrative or technological errors in any materials associated with a Tournament. Sponsor disclaims any liability for damage to any computer system resulting from participating in, or accessing, uploading or downloading information in connection with a Tournament, and reserves the right, in its sole discretion, to cancel, modify or suspend a Tournament should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control, corrupt the administration, security or proper play of a Tournament. Sponsor may prohibit an entrant from participating in a Tournament or winning Prize if, in its sole discretion, it suspects such entrant is attempting to undermine the legitimate operation of a Tournament in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other players or representatives of Sponsor. Use of any automated system to participate is strictly prohibited and will result in disqualification.</p> <p> <b>GENERAL: </b>If for any reason a Tournament is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of a Tournament, Sponsor reserves the right to disqualify any individual it suspects of tampering with the entry process, operation of a Tournament or web site, and to cancel, terminate, modify, or suspend a Tournament without notice and to select the winner(s) from all eligible entries received prior to the cancellation or termination. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any Web site, theft or destruction, or unauthorized access to, or tampering with or hacking of website, or any combination thereof.</p> <p> <b>WINNER LIST/OFFICIAL RULES:</b> For a list of winner(s) or a copy of a Tournament’s Official Rules, please send a self-addressed stamped envelope indicating the name of the particular Tournament to: Slidejoy “Tournament”, Winner List/Official Rules Request, Slidejoy, 22 W 30<sup>th</sup> St 3<sup>rd</sup> Floor, New York, New York 10001, to be received no later than 90 days after the end of a Tournament. </p> <p>&nbsp;</p> &nbsp.





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