Terms of Service – Scene53 Inc.

 

Acceptance of Terms

 

Scene53 Inc. ("Scene53") provides applications and games to you (the "Service") through social network services, such as, but not limited to, Facebook, subject to the following terms and conditions contained within these Terms of Service (the "Terms") which should be read carefully by you in their entirety prior to your use of the Service. The Terms constitute a legally binding agreement between you and Scene53. Scene 53 reserves the right to change these Terms at any time, so please revisit this page frequently. In case of any material change, Scene53 will make reasonable efforts to post a notice on the Service. By registering an Account with Scene53 and/or by using Scene53's Service, you agree to be bound by these Terms in their entirety and without reservation. If you do not agree to any of the provisions of these Terms you should immediately stop using the Service and cancel any accounts you may have created in regards to the Service. In addition to the terms and conditions set out below, please review our Privacy Policy (http://www.casacasino.com/privacy.htm) as well as the rules relating to our games and applications, which are incorporated herein by reference, together with such other policies of which you may be notified of by Scene53 from time to time.

 

Account Rules

 

 

In order  to access the Service you must create an account (”Account”) for which you may be required to select a password or allow us to access your account information from a social network service (“Login Information”). The following rules govern the security of your Account and Login Information. For the purposes of these Terms, references to Account and Login Information shall include any account information, including user names, passwords or security questions, whether or not created for the purpose of using the Service, that are used to access the Service (for example, account information for a social network service account from which the Service is accessed):

1.     You hereby confirm and acknowledge that you are 21 or older and that you understand that the Service is intended for amusement purposes only.

2.      You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. Scene53 will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions;

3.      In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify Scene53 and modify your Login Information;

4.      You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you;

5.      You are responsible for anything that happens through your Account, whether or not such actions were taken by you, including any use of your credit card or other payment instrument, such as, but not limited to, PayPal. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal.  

6.      You undertake to monitor your Account to restrict use by minors, as applicable in your jurisdiction, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors, as applicable in your jurisdiction, and children under the age of 13, and you acknowledge that you are responsible for any use of your credit card or other payment instrument, such as, but not limited to, PayPal, by minors, as applicable in your jurisdiction, or children under 13.

 

Scene53 reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to, claims by a third party that such username violates its rights.

 

You hereby acknowledge and agree that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo from your Account.

 

Any personal information you provide to us when creating or updating your Account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with Scene53’s Privacy Policy (http://www.casacasino.com/privacy.htm). You hereby agree to to provide us with accurate and complete information, and that you will update us promptly in the event there are any relevant updates to your personal information.

 

License

 

Subject to your agreement and compliance with these Terms, Scene53 hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable, revocable, limited scope license to use the Service. Use of the Service shall be solely for personal, non-commercial entertainment purposes only. All other use is strictly prohibited and you will be solely liable for any damages, costs or expenses arising out of or in connection with the commission of any prohibited activities.. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate these Terms or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and your Account shall be terminated. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.

 

Account Termination

 

If you violate the Terms, Scene53 reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all Accounts you have created using the Service. You agree that Scene53 does not need to provide you with any prior notice before terminating or suspending your Account(s), but may provide such advance notice in its sole discretion.

 

Scene53 may refuse access to the Service or may terminate your Account without any prior notice and for any reason whatsoever, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Service, User Content (as defined below), products, or Scene53’s intellectual property as determined by Scene53 in its sole discretion. You may lose your user name and persona, if applicable, as a result of Account termination, without any responsibility and/or liability on the part of Scene53 for any damage that may result from the foregoing. If you have more than one Account, Scene53 may terminate all of your Accounts in its sole discretion.

 

 

In addition to the foregoing, Scene53 may selectively remove, revoke or garnishee Benefits associated with your account. "Benefits" shall mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Service and/or products, and include, but are not limited to, paid and free downloadable content, virtual currency, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements.  If your Account, or a particular subscription for the Service associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.

 

You hereby acknowledge and agree that Scene53 is not required to provide you notice before suspending or terminating your Account or selectively removing, revoking or garnisheeing Benefits associated with your Account.  In the event that Scene53 terminates your Account, you may not participate in any of the Services again without Scene53’s express permission. Scene53 reserves the right to refuse to keep accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: http://www.Scene53.com/contact.html.

 

User Content

 

You agree that any content published by you through the Service is done so through the use of technology and tools provided by Scene53. You agree that you are publishing such content willingly and you represent that you own such content, that you have all rights to publish said content and that your publishing of the content complies with all applicable laws. You understand and agree that you may not distribute, sell, transfer or license this content and/or application in any manner, in any country, or on any social network, or other medium without the explicit prior written permission of Scene53. You grant Scene53 the right to act as an agent on your behalf as the Service’s operator.

Any data, text, graphics, photographs, or any other content, and their selection and arrangement, uploaded to the Service by any user ("User Content") are subject, whether in whole or in part, to unlimited worldwide commercial, non-commercial and/or promotional use by Scene53. Any text, graphics, photographs, files or other User Content uploaded by you shall be your sole responsibility and you hereby acknowledge and agree that you may be held liable for any User Content that you upload to Scene53. Scene53 shall not bear any responsibility for any of the abovementioned content.

Scene53 may or may not regulate User Content and provides no representations or guarantees regarding the accuracy, quality, or integrity of any User Content posted via the Service. By using the Service you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Scene53 will not under any circumstances be responsible or liable for any User Content, including, but not limited to, errors in any User Content or any loss or damage incurred by use of the User Content or for any failure to or delay in removing User Content.

 

Scene53 reserves the right (but shall at no time be obligated) to, in its sole discretion, remove, block, edit, move, disable or permanently delete User Content from the Service with or without notice for any reason whatsoever. You hereby agree that, to the maximum extent permitted by applicable law, Scene53 shall at no time be held responsible or liable for the removal, modification or blocking of material or User Content that may be considered offensive and shall at no time be obligated to effect such removal other than under applicable law.

 

Communication Channels

The Service may provide communication channels such as forums, communities, or chat areas ("Communication Channels") designed to enable you to communicate with other Service users. Scene53 is under no obligation to monitor these communication channels but may do so, and reserves the right to review materials posted to the Communication Channels and to remove any materials, at any time, with or without notice for any reason, at its sole discretion. Scene53 may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason whatsoever. You acknowledge that chats, postings, or materials posted by users on the Communication Channels are neither endorsed nor controlled by Scene53, and these communications should not be considered reviewed or approved by Scene53. You will be solely responsible for your activities within the Communication Channels and under no circumstances will Scene53 be liable for any activity within the Communication Channels.

You agree that all your communications within the Communication Channels are public, and you have no expectation of privacy regarding your use of the Communication Channels. Scene53 is not responsible for information that you choose to share on the Communication Channels, or for the actions of other users within the Communication Channels.

 

Virtual Currencies and Goods

The Service may include an opportunity to purchase virtual, in-game currency ("Coins") that may require you to pay a fee using real money to obtain the Coins. Coins can never be redeemed for real money, goods, or any other item of monetary value from Scene53 or any other third party. You understand that you have no right or title in the virtual in-game items, spins or Coins.

Your purchase of Coins is final and is not refundable, transferable or exchangeable, except in Scene53's sole discretion. You may not purchase, sell, or exchange Coins outside the Service. Doing so is a violation of the Terms and may result in termination of your Service Account and/or legal action taken against you. Scene53 retains the right to manage, control, modify and/or eliminate Coins or any other form of virtual currency at its sole discretion. Prices and availability of Coins are subject to change without notice.

 

Coins may only be held by legal residents of countries where access to and use of the Services are permitted. Coins may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize. We reserve the right to refuse your request to purchase and/or acquire Coins for any reason. When you purchase Coins, they will reside in your account ("Game Account") until discharged through use of the Service. When purchasing Coins or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable. All sales of Coins and/or other content are final and non-refundable. If your Game Account is charged for items you did not purchase, or you did not receive the items you purchased, or you were charged an incorrect amount, you may request a refund or correction in accordance to payment provider policy. Any refund request must be received within 96 hours from the time of purchase in order for refunds to be issued in accordance with payment provider policy. Refund requests past 96 hours from time of purchase will be honored  only in accordance with payment provider policy. Other than charges to your Game Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your billing statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your user Account or Game Account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

 

Rules of Conduct and Usage

You represent and warrant that you have full right and authority to use the Service and to be bound by these Terms. You agree that you will comply fully with all applicable laws, regulations, statutes, ordinances, and the Terms set out herein.

You undertake that you shall not defraud, or attempt to defraud, Scene53 or other users of the Service, and that you shall not act in bad faith in your use of the Service. If Scene53 determines that you have acted in bad faith in violation of these Terms, or if Scene53 determines that your actions fall outside of reasonable community standards, Scene53 may, at its sole discretion, terminate your Account and prohibit you from using the Service.

You agree that your use of the Service shall be lawful and that you will comply with the usage rules set out herein. In addition, and as an example and not a limitation, you agree that you shall not:

1.      Create an Account or access the Service if you are under the age of 21;

2.      Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable;

3.      Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or use abusive language, hate speech, racial or ethnic slurs or useany other offensive manner of language;

4.      Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service;

5.      Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone;

6.      Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);

7.      Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third party applications or social networks through which the Service is accessed;

8.      Attempt to obtain passwords or other private information from other users including personally identifiable information (whether in text, image or video form), identification documents, or financial information;

9.      Upload or transmit (or attempt to upload or to transmit), without Scene53’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms");

10.   Improperly use support channels or complaint buttons to make false reports to Scene53;

11.   Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;

12.   Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage;

13.   Deal with Coins in a manner that violates these Terms, including transferring Coins to other individuals, parties, or entities, selling or reselling virtual currency or virtual goods or fraudulently obtaining or acquiring virtual currency or other products or services;

14.   Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Scene53’s written permission;

15.   Access or use an Account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the Account creator without Scene53’s written permission;

16.   Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;

17.   Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service;

18.   Attempt to use the Service on or through any service that is not authorized by Scene53. Any such use is at your own risk and may subject you to additional or different terms of use. Scene53 takes no responsibility for your use of the Service through any service that is not expressly authorized by it;

19.   Post or communicate any person's real world personal information using the Service;

20.   Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service; or

21.   Interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users.

Intellectual Property (IP) Ownership

Scene53 retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, “Service Materials”). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Scene53's explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Scene53. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service Account as well as severe civil and criminal penalties.

Scene53 and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

Third Party Components

The Service may use or include third party software, files and components that are subject to open source and third party license terms (“Third Party Components”). Your right to use such Third Party Components as part of, or in connection with, the Service is subject to any applicable acknowledgements and license terms accompanying such Third Party Components, contained therein or related thereto. If there is a conflict between the licensing terms of such Third Party Components and these Terms, the licensing terms of the Third Party Components shall prevail only in connection with the related Third Party Components. These Terms do not apply to any Third Party Components accompanying or contained in the Service and Scene53 disclaims all liability related thereto. You acknowledge that Scene53 is not the author, owner or licensor of any Third Party Components, and that Scene53 makes no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of Third Party Components. The Service uses certain open source licenses. Please see https://www.casacasino.com/legal.html for the applicable terms conditions and notices with respect to such Third Party Components.

Disclaimer of Warranty; Limitation of Liability

You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Scene53, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and your use thereof including implied warranties of merchantability, title, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness. Scene53 makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any:

(i) Errors, mistakes, or inaccuracies of content;

(ii) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service;

(iii) Any unauthorized access to or use of Scene53’s secure servers and/or any and all personal information and/or financial information stored therein;

(iv) Any interruption or cessation of transmission to or from the Service;

(v) Any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; or

(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 Service.

In no event will Scene53, its directors, officers, agents, contractors, partners and employees, be liable to you or any third person for any special, direct, indirect, incidental, special, punitive, or consequential damages whatsoever including any lost profits or lost data arising from your use of the Service or other materials on, accessed through or downloaded from the Service, whether based on warranty, contract, tort, or any other legal theory, and whether or not Scene53 has been advised of the possibility of these damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. You specifically acknowledge that Scene53 shall not be liable for user submissions or defamatory, offensive, or illegal conduct by any third party and that the risk of harm or damage from the foregoing rests entirely with you.

You agree to indemnify and hold Scene53, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with:

(i) Your use of and access to the Service;

(ii) Your violation of any terms and conditions set out in these Terms;

(iii) Your violation of any third party rights, including without limitation any copyright, property, or privacy right;

(iv) Any claim that your submission of User Content has caused damage to a third party; or

(v) Any User Content you post or share on or through the Service.

 

Governing Law

The Terms and any matters relating hereto shall be governed by, and construed in accordance with, the laws of England and Wales. You irrevocably agree that, subject as provided below, the courts of London have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Terms and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Scene53 to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction. It is hereby agreed between the parties that any cause of action arising out of or related to the Service must commence within one (1) year subsequent to the date the cause of action occurred, after which all claims shall be null and void.