Terms & Conditions

The following terms and conditions (“Terms and Conditions”) form a binding legal agreement between you and MTreasure Labs Inc. (“we”, Monster Treasure, or, the “Company”), and applies to your access and/or use of the Platform (as defined below) on any device (web, mobile, tablet, etc.). These Terms and Conditions were established and became effective on 2 June 2025.

 

THESE TERMS INCLUDE A PROVISION WAIVING YOUR RIGHT TO PURSUE CLASS ACTION CLAIMS AND REQUIRING DISPUTES BETWEEN YOU AND US TO BE RESOLVED BY FINAL AND BINDING ARBITRATION INDIVIDUALLY, NOT ON A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION FOR CLAIMS, YOU MAY OPT OUT WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS IN THE SECTION TITLED "BINDING ARBITRATION AND CLASS WAIVER." SEE SECTION 16 FOR DETAILS.

 

Read these Terms carefully before accepting. By checking the acceptance box during registration or accessing the Platform, you confirm that you have read and agree to be bound by these Terms, including our privacy policy (“Privacy Policy”), sweepstakes rules (“Sweepstakes Rules”), responsible gaming policy (“Repsonsible Gaming Policy”) and other relevant terms. If you disagree with any part, do not use the Platform or participate in any Games, as defined below.

 

THE PLATFORM AND GAMES DO NOT OFFER REAL MONEY GAMBLING; NO ACTUAL MONEY IS REQUIRED TO PLAY. ONLY USERS IN THE UNITED STATES WHO DO NOT RESIDE IN AN EXCLUDED TERRITORY CAN ENTER THE SWEEPSTAKES. REVIEW THE SWEEPSTAKES RULES FOR ELIGIBILITY. PRIZE REDEMPTION IS AVAILABLE BY SELECTING THE "REDEEM" BUTTON ON THE PLATFORM. CASH PRIZES WILL BE PAID TO THE ORIGINAL PAYMENT METHOD USED FOR PURCHASING GOLD COINS OR THROUGH ELECTRONIC PAYMENT TO YOUR DESIGNATED BANK ACCOUNT.

 

NOTE: THIS PLATFORM DOES NOT PROVIDE “REAL MONEY GAMBLING.” No actual money is required to participate, and the Platform is for entertainment purposes only.

 

THESE TERMS AND CONDITIONS FORM A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY AND APPLY TO YOUR ACCESS TO, AND USE OF, OUR PLATFORM OR GAMES. PLEASE READ THESE TERMS, THE MONSTER TREASURE PRIVACY POLICY, AND THE OFFICIAL SWEEPSTAKES RULES CAREFULLY BEFORE USING THE PLATFORM. YOUR CONTINUED USE OR ACCESS OF THE SITE OR PLATFORM SIGNIFIES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE PRIVACY POLICY, SWEEPSTAKES RULES, AND RESPONSIBLE GAMING POLICY.

 

You represent and warrant that you have the legal authority and capacity to accept these Terms, are of legal age, and have fully read and understood the Terms. By checking the acceptance box, accessing the Games, or creating a User Account, you confirm that you have read and agree to be bound by these Terms.

 

1. DEFINITIONS

 

1.1. “Content” includes text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, trade dress, sounds, music, artwork, computer code, and other materials used, displayed, or available on the Platform. This also encompasses Gold Coins, Sweepstakes Coins and Crystals.

1.2. “Account(s)” is an account held by a User who has verified their email address.

1.3. “Crystals(s)” are virtual tokens allowing you to participate in a Crystal wheel functionality available on the platform (“Crystal Wheel”) for social and entertainment purposes. They can be given as a bonus upon purchasing Gold Coins, promotional activities, daily logins and in other circumstances. Crystals can only be used on the Platform, cannot be transferred to other Users, have no monetary value and may be exchanged for Gold Coins and/or Sweepstakes Coins. Crystals cannot be purchased directly.

1.4. “Dispute(s)” covers any and all past, present, and future disputes, claims, or causes of action arising from or related to these Terms, the Platform, or any other disagreement between you and MTreasure Labs Inc. or its affiliates, licensors, distributors, suppliers, or agents.

1.5. “Excluded Territory” includes the States of California, Connecticut, Idaho, Indiana, Louisiana, Michigan, Montana, Mississippi, Nevada, New Jersey, New York, Tennessee, Illinois, Maine, Oklahoma, Iowa, and Washington, and any jurisdiction outside the United States.

1.6.  “Game(s)” refers to any games available on the Platform, whether in Standard Play or Promotional Play. We may add or remove games at our discretion.

1.7.“Gold Coin(s)” are virtual tokens allowing you to play Games in Standard Play for social and entertainment purposes. Gold Coins can be given free upon signing up and periodically when logging in, or purchased. They can only be used on the Platform, may not be transferred to other users, have no monetary value, and cannot be redeemed for Prizes.

1.8. “Inactive Account(s)” is an Account with no recorded logins or logouts for over twelve (12) consecutive months.

1.9. “Minor(s)” refers to anyone under the relevant age of majority; in the U.S., generally anyone under eighteen (18) years old.

1.10. “Monster Treasure” or “us,” “our,” etc., refers to MTreasure Labs Inc., a Texas Corporation at 6500 River Place Blvd, Building 7, Suites 250, Austin, Texas, 78730.

1.11. “Payment Method” includes any card, online wallet, financial/bank account, or other payment methods used to purchase Gold Coins.

1.12. “Platform” means the social casino, sweepstakes, and related services provided through any URL belonging to or licensed to Monster Treasure, including and its subdomains, subpages, mobile versions, and successor sites, including all Games, Content, features, tools, and services.

1.13. “User” or “you,” “your,” etc., means any user.

1.14. “Prize(s)” refers to Sweepstakes Coins won in Promotional Play, which may be redeemed as per the Sweepstakes Rules.

1.15. “Sweepstakes Rules” refers to the rules available on the Platform.

1.16. “Promotional Play” or “Promotion” means participating in sweepstakes promotions by playing Games with Sweepstakes Coins for a chance to win Prizes.

1.17. “Standard Play” means playing Games on the Platform with Gold Coins for social and entertainment purposes only. You may win more Gold Coins but cannot win Prizes.

1.18. “Sweepstakes Coins” are free entries to our sweepstakes promotions. Their use is subject to the Sweepstakes Rules. They can be given free upon signing up, as a bonus when purchasing Gold Coins, or via free entry methods as described in the Sweepstakes Rules. You use them in Promotional Play to win Prizes. SWEEPSTAKES COINS CANNOT BE PURCHASED.

1.19. “Third Party Website” is a website not controlled by us.

 

2. CHANGES TO TERMS AND CONDITIONS AND INCORPORATED POLICIES

2.1. We may occasionally update these Terms and Conditions, along with our Privacy Policy, Sweepstakes Rules, and Responsible Gaming Policy (collectively, the “Incorporated Policies”). Any modifications will be reflected on the Site, and significant changes will be communicated via email. By continuing to use our Platform, you agree to be bound by any changes, regardless of whether you have reviewed the notification. It is your responsibility to review the Terms and Conditions and Incorporated Policies on the Site before accessing the Site or using the Platform. Your continued use of the Platform after changes are posted indicates your consent to the updated Terms and policies.

2.2. If you have any questions about these Terms or the Incorporated Policies, please contact customer support via the Contact Us link on the Site. In case of any conflict between the UserTerms and the Incorporated Policies, the Terms will prevail.

 

3. USER ELIGIBILITY

Your continued use of the Platform depends on your adherence to these Terms, specifically:

3.1. You are at least 18 years old or meet the legal age of majority in your jurisdiction, whichever is higher, and are legally permitted to participate in the Games and access the Platform under applicable laws;

3.2. You understand that we cannot provide legal advice or assurances, and it is solely your responsibility to ensure compliance with all relevant laws and that you have the legal right to use the Platform;

3.3. You will monitor your User Account to prevent access by anyone under 18. You accept full responsibility for any unauthorized use of the Platform by minors, including any use of your Payment Methods by minors;

3.4. You do not reside in, and will not access the Games or Platform from the Excluded Territory;

3.5. You participate in the Games solely in your personal capacity for recreational and entertainment purposes;

3.6. All information you provide to us during the term of these Terms is true, complete, and accurate;

3.7. You will not engage in any fraudulent or unlawful activity related to the Games and will not use any software-assisted methods or techniques (including but not limited to "bots" designed to play automatically) for participating in the Games. We reserve the right to invalidate any participation in such cases;

3.8. When purchasing Gold Coins, you will only use a valid payment mechanism that legally belongs to you.

3.9. Employees and contractors of the Company, any of its respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 3 months of the year) are not eligible to participate.

3.10. For a full and specific eligibility requirements, please refer to the Customer Acceptance Policy. Users will be notified of significant updates and are encouraged to review this policy periodically.

 

4. WARRANTIES

You declare and warrant that:

4.1. You are at least the minimum legal age of majority as stipulated in the jurisdiction of your residence and are, under the laws applicable to you, legally allowed to participate in the Games offered on the Platform;

4.2. WHEN PARTICIPATING IN STANDARD OR PROMOTIONAL PLAY, YOU DO NOT RESIDE IN, OR ACCESS THE PLATFORM FROM, THE EXCLUDED TERRITORY;

4.3. You use our Platform strictly in your personal capacity for recreational and entertainment purposes only;

4.5. You participate in the Games on your own behalf and not on behalf of any other person;

4.6. All information that you provide to us during the term of validity of these Terms and Conditions is true, complete and correct, and you will immediately notify us of any change to such information;

4.7. You acknowledge and declare that your funds come from legitimate sources and do not originate from illegal activities. You agree that we will require you to provide or otherwise collect the necessary information and materials as per relevant laws or government orders to verify the legality of the sources and use of your funds;

4.8. You will not purchase Gold Coins from a business or corporate account, but only a wallet held in your name;

4.9. You will not be involved in any fraudulent, collusive, fixing or other unlawful activity in relation to your or third parties’ participation in any of the Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;

4.10. When purchasing Gold Coins, you must only use a valid Payment Method which lawfully belongs to you;

4.11. You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Gold Coins, Sweepstakes Coins or Crystals (except for redeeming Sweepstakes Coins with the Company).

 

5. PROHIBITED ACTIONS

You agree to browse the Platform lawfully and without any violation of the Terms & Conditions or any applicable law and agree not to do any of the following actions in connection with its use of the Website:

5.1. Upload, post, transmit, distribute, or otherwise make available any material that contains software viruses, malware, ransomware or spyware or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform or the interests or property of the Users or Platform; 

5.2. Export or re-export any applications, code or tools developed by and proprietary to Platform; 

5.3. Upload, post, transmit, distribute, store, or otherwise make publicly available on the Platform any personal data of Users or of any third party without the person’s prior explicit consent; 

5.4. Copy, modify, distribute, sell, or lease any part of the Platform; 

5.5. Reverse engineer or attempt to extract the source code of the Platform; 

5.6. Interfere or attempt to disrupt the Platform in any way; 

5.7. Infringe upon or violate the rights of Company, the Users or any third party; 

5.8. Facilitate or assist another person to do any of the above acts; 

5.9. Actions that impose an unreasonable or disproportionately large load on our infrastructure or detrimentally interfere with, intercept or expropriate any system, data or information; transmit or upload any material to the Platform that contains viruses, trojan horses, worms or any other harmful or deleterious programs; 

5.10. Use Account information of another User to access or use the Platform; 

5.11. Use Platform intellectual property, name or logo, including using Platform trade or service marks without express consent from Platform or in a manner that otherwise harms Platform or the Platform brand; any action that implies an untrue endorsement by or affiliation with Platform; 

5.12. The above-mentioned list is non-exhaustive, and nothing contained above should be construed as granting, by implication, estoppel or otherwise, any license or right for the Services to be used for illegal, unlawful, fraudulent, unethical or unauthorized purposes or to promote or facilitate such activities.

 

6. YOUR USER ACCOUNT

 

6.1. Opening an Account:

 

6.1.1Only one User Account is permitted per person, including an inactive account. If you attempt to open more than one account, all such accounts may be terminated or suspended, and any prizes or Gold Coin, Sweepstake Coin or Crystals balances may be voided. Similarly, if you register multiple Accounts, we may suspend or terminate them.

6.1.2. If you lose access to your User Account, do not register a new one. Instead, contact customer support via the Contact Us form to update your account status.

6.1.3.You must keep your personal details up to date. Notify customer support if you change your address, phone number, or any other personal information. The name provided at registration must match any identification used for account verification.

6.1.4. During registration, you will need to select a password unless you log in using Facebook® or Google®, in which case, their respective passwords will apply.

6.1.5. We reserve the right to close User Accounts inactive for sixty days or longer without prior notice, although we may choose to notify you at our discretion.

6.1.6. You may close your User Account at any time by contacting customer support. Closing your account forfeits all associated Gold Coins, Crystals, Sweepstakes Coins, and unredeemed Prizes.

6.1.7. We may suspend or delete your account at any time for any reason. 

6.1.8. We are not responsible for preserving information from terminated accounts.

6.1.9. We may limit User Account registrations to one account per IP address at our discretion.

 

 6.2. Account and payment security:

 

6.2.1. You must provide accurate information for your account. Failure to do so may result in suspension or termination of your account and potential legal consequences.

6.2.2. You may not use or attempt to access another person’s account. 

6.2.3. You must not share your User Account or password with anyone or allow others to use your account without written permission from us. You are liable for any losses resulting from unauthorized use of your account credentials.

6.2.4. If you suspect your account security is compromised, including loss or theft of your password or account details, notify us immediately.

6.2.5. You are responsible for maintaining the confidentiality of your User Account and accept responsibility for all uses, including purchases, whether authorized by you or not.

 

7. GOLD COINS, CRYSTALS AND SWEEPSTAKES COINS

 

7.1. To purchase Gold Coins, you must provide a valid Payment Method that belongs to you. If the name on your Account differs from that on the Payment Method, your account will be suspended. We may request documents to verify ownership.

7.2. Purchases are final and non-refundable. Report billing issues within 30 days to avoid waiving your right to dispute.

7.3. All Gold Coin purchases and payments are in USD. 

7.4. We may provide Sweepstakes Coins for Promotional Play. To redeem Prizes, you must submit valid banking details and identification verification requirements. Gold Coins, Crystals and Sweepstakes Coins are valid for 60 days from your last login and may be forfeited if your account is closed.

7.5. You cannot transfer, receive, acquire, trade, or sell Gold Coins, Crystals or Sweepstakes Coins (except for the purchase of Gold Coins on the Platform). Any attempt to do so may result in account closure.

7.6. You can participate in Games or Crystal Wheel only if you have sufficient Gold Coins, Crystals or Sweepstakes Coins. We do not extend credit for Gold Coin purchases. 

 

8. BILLING, PAYMENTS AND VERIFICATION

 

8.1 Purchases and Account Charges

 

8.1.1  You may purchase Gold Coins. Gold Coins have no redemption or cash value and are for social and entertainment purposes only.

8.1.2   Free bonus Sweepstakes Coins may be provided with Gold Coin purchases or other qualifying activities. Sweepstakes Coins cannot be purchased.

8.1.3  Unused Gold Coins and Sweepstakes Coins are not eligible for redemption.

8.1.4  We reserve the right to change any features and to change our fee structure at our discretion.

8.1.5. Your banking statement may display charges under our company name, a brand name, or our third-party billing agent’s name.

8.1.6 You are responsible for any fees or penalties associated with your Account. 

 

8.2. Prizes and Redemption

 

8.2.1 Prizes won according to our Sweepstakes Rules can be redeemed for cash, transferred to your selected Payment Method, minus processing fees. Prizes over $2,000 may be paid in weekly installments.

8.2.2. In Florida, the maximum Prize value that can be won on a single spin or play is $5,000.

8.2.3. You must provide accurate bank or Payment Method details for Prize redemptions.

 

8.3. Account and Payment Information

 

8.3.1. You are responsible for paying all taxes related to your earnings. You must provide your Social Security Number or Taxpayer Identification Number if required for issuing IRS Form 1099. Failure to do so may result in termination of your account and failure to process your redemption request.

8.3.2. We may use third-party payment processors and these third parties may have their own terms and conditions. We disclaim liability for any issues arising from your violation of such terms.

8.3.3. You are responsible for credit card chargebacks, dishonored checks, and related fees.

8.3.4. Chargebacks may result in the termination of your Account. Contact us to resolve any issues before initiating a chargeback. We reserve the right to reverse and cancel Prizes associated with chargeback-related purchases.

8.3.5 All purchases are final and nonrefundable. 

 

8.4. User Verification

 

8.4.1. We may conduct verification checks (including credit checks) as required by law or regulatory authorities. You agree to comply with these checks promptly.

8.4.2. We may restrict your use of a User Account until verification is completed to our satisfaction.

8.4.3. Required documents may include but are not limited to government-issued ID (passport or driver’s license), a utility bill matching your registered address, and proof of funds (payslip or bank statement).

8.4.4. If verification cannot be completed because you fail to provide the requested documents within 40 days, we may deactivate or restrict your User Account at our discretion.

8.4.5. We may use third-party services for verification checks. You must enable “Location Services” on your device to use the Platform or access your User Account.

 

9. LIMITED REVOCABLE LICENSE

 

9.1 Virtual Coins. The Platform may include virtual, in-game tokens (e.g. Gold Coins, Sweepstakes Coins or Crystals, which are collectively referred to as the "Virtual Coins") including, but not limited to, chips, coins, credits, or points, that may be provided for free or purchased through the Platform for "real world" money where legally permissible. On the Platform, Games and Crystal Wheel are currently played with Gold Coins, Sweepstakes Coins, or Crystals. Subject to your agreement and compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Platform, solely for your personal, private entertainment and no other reason. Other than a limited, personal, revocable, non-transferable,   non-sublicensable license to use the Virtual Coins with the Platform, you have no right or title in or to any such  Virtual Coins appearing or originating with the Platform, or any other attributes associated with use of the Platform or stored within the Platform. You acknowledge and agree that your license to use the Platform is limited by these  Terms, and if you do not agree to, or act in contravention of, these Terms, your license to use the Platform may be immediately terminated. We have the absolute right to manage, regulate, control, modify, and/or eliminate such Virtual Coins as it sees fit in its sole discretion to the extent legally permissible, and we shall have no liability to you or anyone for the exercise of such rights.

9.2 The transfer or sale of Virtual Coins by you to any other person is strictly prohibited. Nor may you sell or assign your User Account to any other person under any circumstances. Any attempt to do so is in violation of these Terms, will result in the closure and forfeiture of the User Account, and may result in a lifetime ban from the Platform and possible legal action.

9.3 You understand and agree that any sales of Virtual Coins are final and that we are not required to provide a refund for any reason. All Virtual Coins are forfeited if your account is terminated, in our sole and absolute discretion, or if the Platform is no longer available. To the extent legally permissible, if your account, or a particular subscription for the Platform associated with your account, is terminated, suspended, and/or if any Virtual Coins are selectively removed or revoked by us from your account, no refund or other form of reimbursement will be granted to you.

9.4 These Terms do not grant you any right, title, or interest in the Platform.

9.5 You agree that we and our licensors own all rights, title, and interest in and to the Platform, including all intellectual property rights therein, as further specified below in Section 11, and that we retain ownership of the Platform even after installation on your device. You agree not to delete or in any manner alter the copyright, trademark, or other proprietary rights notices or markings which may appear on the Platform.

9.6 Except as identified and specified in these Terms, you agree not to:

 

9.6.1 sell, rent, distribute, transfer, license, sub-license, lend, or otherwise assign any rights of any part of the Platform to any third party;

9.6.2 copy, modify, create derivative works of the Platform (including but not limited to any software that forms part of the Platform), including, without limitation, making adaptations or modifications to the Platform;

9.6.3 reproduce the Platform or any part in any form or by any means;

9.6.4 exploit the Platform in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity;

9.6.5 disassemble, decompile, reverse engineer, or attempt to derive the source code of the Platform, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by law;

9.6.6 make the Platform available to multiple users by any means, including by uploading the Platform to a file-sharing service or other type of hosting service or by otherwise making the Platform available over a network where it could be used by multiple devices at the same time;

9.6.7  misrepresent the source of ownership of the Platform;

9.6.8 scrape, build databases, or otherwise create permanent copies of any content derived from the Platform; or

9.6.9 use the Platform in any manner to harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of any other party.

 

10. COMPLAINTS

 

10.1. If you have a complaint in relation to the Platform, you may contact us by sending an email to [email protected]. The Company is the sole and final arbiter of all decisions and questions concerning the Games and results in the Games.

10.2. Customer complaints/claims of any nature must be submitted for consideration within thirty (30) days of the issue giving rise to the complaint.

10.3. To protect your privacy, all communications between you and us should be carried out using or referencing the email address that you used to register your User Account for the Platform. Failure to do so may result in our response being delayed. The following information must be included in any written communication with us (including a complaint):

- Your user ID;

- Your first and last name, as registered on your User Account;

- Detailed explanation of the complaint/claim;

- Any specific dates and times associated with the complaint/claim (if applicable).

10.4 Failure to submit a written communication with the information outlined above may result in a delay in our ability to identify and respond to your complaint/claim in a timely manner. Upon receipt, we will endeavor to reply to your communication within seventy-two (72) hours.

 

11. RESPONSIBILITY FOR USER-GENERATED CONTENT

 

11.1. You are responsible for complying with all laws applicable to your content that you provide on or to the Platform (“User Content”). You agree not to submit to the Platform, or send to other users of the Platform, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, illegal material or any material that infringes or violates another party’s rights.

11.2. You will not provide inaccurate, misleading, or false information to us or to any other user of the Platform. If information provided to us subsequently becomes inaccurate, misleading, or false, you will notify us of such change immediately.

11.3. We may, in our sole discretion, delete any User Content without notice but are under no obligation to do so. We have no responsibility for the conduct of any user in the Platform, including any User Content submitted in the Platform. We assume no responsibility for monitoring the Platform for inappropriate content or conduct. Your use of the Platform is at your own risk.

11.4. You hereby grant us the sole and exclusive, irrevocable, sub-licensable, transferable, worldwide, royalty-free license to reproduce, modify, create derivative works from, publish, distribute, sell, transfer, transmit, publicly display, and use any User Content and to incorporate the same in other works in any form, media, or technology now known or later developed.

11.5. You further hereby grant to us the unconditional right to use and exploit your name, likeness, and any other information or material included in any User Content and in connection with any User Content or your User Account, without any obligation to you. You waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner except as prohibited by law.

11.6. You acknowledge and agree that all User Content, whether publicly posted or privately transmitted to the Platform, is at your sole responsibility and risk. We disclaim any responsibility for the backup and/or retention of any User Content transmitted to the Platform.

11.7. User Content that is prohibited in the Platform includes, but is not limited to:

- User Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

- Harassing User Content;

- User Content of a sexual or offensive nature;

- User Content that promotes terrorism or religious hatred;

- User Content that promotes illegal activities or conduct that is abusive, threatening, obscene, or defamatory;

- User Content of a commercial nature without authorization from us; or

- Content promoting the services of another business or competitor.

11.8. If you see any material in the Platform that in your belief is offensive, hateful, harassing or that you otherwise think is prohibited, you may notify us by contacting us at [email protected].

 

12. THIRD-PARTY WEBSITES & CONTENT

 

12.1. The Platform may contain links to content owned and/or operated by third parties, for instance, third parties who may invite you to participate in promotional offers or rewards programs, or third-party advertisers or payment providers. Any separate charges or obligations that you may incur in your dealings with these third parties are your sole responsibility. We are not responsible for any such third-party services or content and do not have control over any materials made available therein.

12.2. Our inclusion of a link to a third-party website, services, or content in the Platform does not imply our endorsement, advertising, or promotion of such websites, services, or content or any materials available, and we make no guarantee as to the content, functionality, or accuracy of any third-party website.

12.3. By accessing a third-party website, services, or content, you accept that we do not exercise any control over such websites, services, or content and have no responsibility for them. The third-party sites may collect data or solicit personal information from you. We are not responsible for privacy policies, or for the collection, use, or disclosure of any information those sites may collect. It is always best to read and understand the terms of service and privacy policy applicable to any third-party website, services, or content you may access.

12.4. We do not endorse, do not assume, and will not have any liability or responsibility to you or any other person for any third-party products, services, materials, or websites. Please note that the relevant third party is fully responsible for all goods and services it provides to you and for any and all damages, claims, liabilities, and costs it may cause you to suffer, directly or indirectly, in full or in part.

12.5. We have partnered with financial services software company Aeropay to offer you ACH payments. When you create an Account and connect a bank to complete ACH payments, you will be creating an Aeropay account. You authorize us to share your identifying information with Aeropay to open and support your Account. You must comply also with Aeropay’s Terms of Service when creating or using your Account. The Aeropay Terms of Service may be modified from time to time, and the governing version is incorporated by reference into this Terms of Service. Any term not defined in this section but defined in the Aeropay Terms of Service assumes the meaning as defined in the Aeropay Terms of Service.

 

13. INTELLECTUAL PROPERTY

 

13.1 These Terms and Conditions grant you the right to use the Platform but do not convey any ownership rights. All intellectual property rights in the Platform remain with us or our licensors.

13.2 Your use of the Games does not transfer any ownership rights. All game-related intellectual property, including code, design, and content, remains our property or that of our suppliers.

13.3 You acknowledge that you have no ownership interest in your User Account and that all rights in the account are owned by us.

 

14. INFRINGEMENT NOTICE

 

14.1. If you believe your intellectual property rights have been infringed, notify us at [email protected].

14.2. Your notification must include:

- A physical or electronic signature of the rights owner or authorized agent;

- A description of the infringed work;

- Information to locate the material on the Site;

- Your contact information;

- A statement of good faith belief that the use is unauthorized;

- A statement, under penalty of perjury, that the information in the notice is accurate and you are authorized to act.

 

15. DISRUPTIONS, ERRORS, AND OMISSIONS

 

15.1. Disclaimer of Warranties: The Platform is provided "as is" and "as available" without warranties of any kind. We do not guarantee uninterrupted or error-free Platform.

15.2. Technical Issues:

15.2.1. We are not liable for any technical disruptions, errors, or downtimes. Any gameplay affected by such issues will be voided.

15.2.2. We may suspend the Platform temporarily for any reason and will restore it as soon as practicable.

15.2.3. If an error or malfunction occurs, any affected gameplay will be voided. We reserve the right to correct any mistakes, including altering user balances.

 

16. INDEMNIFICATION

 

16.1 You agree to defend, indemnify, and hold harmless Monster Treasure, its officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents from any claims, actions, losses, liabilities, expenses, costs, or demands, including legal and accounting fees, for all damages directly, indirectly, or consequentially resulting from:

- Your actions, or the actions of another person under your authority;

- Governmental agencies;

- Use, misuse, or inability to use the Platform;

- Any breach of these Terms by you or another person under your authority.

16.2. We shall promptly notify you by electronic mail of any such claim or suit and may cooperate fully (at your expense) in the defense of such claim or suit.

16.3. We reserve the right to participate in the defense of such claim or suit at our own expense and choose our legal counsel; however, we are not obligated to do so.

 

17. LIMITATION OF LIABILITY

 

17.1. We are not liable for user-generated content or the conduct of any person or any losses incurred by your use of the Services. You assume all risks related to such content or conduct.

17.2. We disclaim liability for:

17.2.1. Any content errors, inaccuracies, or offensive material;

17.2.2. Personal injury or property damage resulting from your use of the Platform;

17.2.3. Unauthorized access to your account or data;

17.2.4. Interruption or cessation of transmission to or from the Platform;

17.2.5. Bugs, viruses, malware, or other harmful components transmitted through the Platform;

17.2.6. Incompatibility between the Platform and your devices or services

17.3. Our total liability for any claims related to your use of the Platform is limited to the amount you have paid us in the 180 days preceding the claim.

17.4. We are not liable for any damages related to viruses, bugs, or failures of computer systems or networks. Continuous, uninterrupted, or secure access to the Platform is not guaranteed.

 

18. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ALL DISPUTES

 

18.1. Binding Arbitration and Class Waiver:

18.1.1. Please read these "Binding Arbitration" and "Class Waiver" provisions carefully, because they require you to arbitrate all disputes with Monster Treasure and limit the manner in which you can seek relief. This provision applies to any claims you may currently possess and any claims you may raise in the future. While you must agree to these Terms and Conditions in order to use the Platform, if you have not previously agreed to an arbitration provision in connection with your use of our Platform, there is an option, described below, to opt out of the arbitration and class waiver provisions. The option to opt-out is time-limited to thirty (30) days and requires your immediate attention.

18.1.2. These provisions generally preclude you from bringing any class, collective, or representative action against Monster Treasure. They also preclude you from participating in or recovering relief under any past, pending, or future class, collective, or representative action against Monster Treasure by someone else. Arbitration precludes you from suing in court or from having a jury trial.

18.2. Scope of Arbitration Provision:

18.2.1. You and Monster Treasure agree that any past, pending, or future dispute, claim, or controversy arising out of or relating to your access to or use of the Platform (including Platform) or to these Terms and Conditions (including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions) (a "Dispute"), shall be determined by arbitration, including claims that arose before acceptance of any version of these Terms containing an arbitration provision, except that you and Monster Treasure are NOT required to arbitrate any Dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. In addition, in the event of any dispute concerning the scope or applicability of the Arbitration Provisions of these Terms, you and Monster Treasure agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of the claims or counterclaims presented as part of the Dispute.

18.2.2. The parties acknowledge that the agreement in this Section to arbitrate any Disputes on an individual and case-by-case basis is a separate agreement for purposes of the Federal Arbitration Act in addition to the Terms. The alleged invalidity of the Terms and Conditions shall have no effect upon the validity of our mutual agreement to arbitrate any Disputes under this Section. In addition, if any portion of this section entitled "Dispute resolution and Agreement to Arbitrate all Disputes” is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect consistent with Section 19.5 of these Terms.

18.3. Waiver of Class Relief:

18.3.1. Whether the dispute is heard in arbitration or in court, you agree that you and Monster Treasure will not commence against the other a class action, class arbitration, mass action, or other representative action or proceeding, and shall not otherwise participate in such actions. You and Monster Treasure are each waiving respective rights to participate in a class action. By accepting this agreement, you give up your right to participate in any past, pending, or future class action or any other consolidated or representative proceeding, including any existing as of the date you agreed to these Terms and Conditions.

18.3.2. Whether to agree to arbitration is an important decision. It is your decision to make and you are not required to rely solely on the information provided in these Terms and Conditions. You should take reasonable steps to conduct further research and to consult with counsel (at your expense) regarding the consequences of your decision.

18.4. Option to Opt Out:

18.4.1. If you have not previously agreed to an arbitration provision in connection with your use of our Platform, you may opt out of these arbitration and class action provisions by following the instructions below. If you do not opt-out, these Terms will apply retroactively to all claims you may possess, whether asserted to date or not.

18.4.2. Procedure to Opt Out of Arbitration: If you do not wish to agree to this section of the Terms and Conditions requiring arbitration and class action waiver and you have not previously agreed to an arbitration provision in connection with your use of our Platform you must, within thirty (30) days of entering this agreement, click the following link ARBITRATION OPT OUT https://docs.google.com/forms/d/e/1FAIpQLSdcEHydJ4CpSkxEXM5h1hQB0sSaRrUDky-Y8B9AIbCtCfIxPA/viewform?usp=headers and enter any details requested. A request to opt-out after the 30-day period shall not be effective.

18.5. Location of Arbitration and Applicable Rules:

You and Monster Treasure agree that such arbitration shall occur in Dallas, Texas. You may appear in such proceedings telephonically. You and Monster Treasure agree that such arbitration shall be conducted by a single arbitrator in accordance with the Commercial Rules of the American Arbitration Association (“AAA”), as modified by these Terms and Conditions.

18.6. Authority of Arbitrator:

With the exception of class procedures and remedies as discussed above under "Waiver of Class Relief," the arbitrator shall have the authority to grant any remedy that would otherwise be available in court.

18.7. Confidentiality:

You and Monster Treasure shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

18.8. Allocation of Arbitration Fees:

18.8.1. If you assert a Dispute as an individual, you will only be required to pay arbitration fees of $250 in connection with any arbitration under this section, and Monster Treasure will bear all other costs charged by AAA or the arbitrator up to $5,000. You will still be responsible for paying your own attorneys’ fees.

18.8.2. Each party shall bear its own costs in the arbitration proceeding. If any portion of this section entitled "Binding Arbitration and Class Waiver" is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

 

19. ONE YEAR LIMITATIONS PERIOD

 

Disputes and Claims Must be Raised Within One Year: We both agree that any claims or lawsuits, regardless of form, arising out of or related to the Platform or these Terms and Conditions must be filed within ONE (1) YEAR of the action, omission, event or occurrence giving rise to the claim or suit, after which such claims will be time-barred and prohibited, without regard to any longer period of time which may be provided by any period of limitation or repose by law or statute.

 

20. MISCELLANEOUS

 

20.1. These Terms constitute the entire agreement between you and us with respect to your use of the Platform and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to your participation.

20.2. You are solely responsible for any taxes which apply to your use of the Platform. We are not acting as tax advisors at any period of time and strongly suggesting the User seek proper legal and tax consultancy over their legal obligations in this regard if any questions or uncertainties arise.

20.3. If for any reason any provision of the Terms or portion thereof, is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, that part of Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms which shall continue in full force and effect.

20.4. These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder to any third party without notice to you.

20.5. In the event we undergo a change of control, merger, acquisition, or sale of assets, your User Account and associated data may be part of the assets transferred to the purchaser or acquiring party.

20.6. Our failure to assert breach or a violation of these Terms or otherwise failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.

 

21. FORCE MAJEURE

We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from: 

- Act(s) of war or threat of war; 

- Riots, civil strife, or terrorist activity; 

- Industrial disputes, natural or nuclear disasters; 

- Fire, airport closures, bad weather conditions; 

- Interruption or failure of a utility service including lack of electricity; 

- The acts of any local or national government such as an imposition of economic sanctions; 

- Cyber-terrorism, cyber-attacks, hacking, bugs; 

- Financial market collapse or fluctuations; 

- Instances, where the possibility to carry out the Services, is materially and adversely affected under the Terms, even though all reasonable precautions, due care, and reasonable alternative measures to avoid these instances have been taken to diminish the inability to perform such Services; 

- Technical problems, including hardware and software crashes and other malfunctions, network disruptions and failures, failure of the telecommunications or information services infrastructure, hacking, spam or failure of any computer, server or software disruptions on account of or caused by vandalism, theft, phone service outages, power outage, internet disruptions, viruses, and mechanical, power or communications failures; 

- Pandemic-related events and lockdown restrictions.

 

22. APPLICABLE LAW AND JURISDICTION

 

22.1. The parties agree that these Terms and the related Platform are governed by and shall be construed in accordance with the laws of Texas, USA without regard to its principles of conflicts of law.

22.2. Subject to the arbitration provisions contained in Section 18, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity of these Terms, will be submitted exclusively to the courts in Texas, and you and we consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.