Terms of Use

Last revised on 30/04//2020

1. Introduction

1.1 These Terms of Use (“Terms of Use” or “Terms“) govern your (“Your” or “You“) use of the website http://www.neogames.com and its mobile application, including any updates, new versions or new releases of such mobile application (collectively and individually the “Site“). The Site is provided by Neogames S.à. r.l. (“We“, “Us“, “Our” or “Neogames“). These Terms of Use shall apply to Your use of the Site.

1.2 In addition to these Terms, You should also read Our Privacy Policy located at [insert link] and Our Cookie Policy [insert link], which are incorporated herein by reference, to understand how We use Your personal information to offer Our services on the Site.

1.3 These Terms of Use incorporate by reference all notices, procedures, and guidelines posted on the Site from time to time and constitute the entire and only agreement between You and Neogames with respect to the subject matter contained in these Terms, and supersede all other agreements, representations, warranties and/or understandings between You and Us with respect to the subject matter contained in these Terms.

1.4 You Should Review All of the Terms Prior to Using the Site. You Acknowledge and Agree That by Accessing or Using the Site, You Have Read and Agree to Be Legally Bound by the Latest Version of the Terms. If You Do Not Agree to the Latest Version of the Terms, Then You Must Not Use and/or Access the Site.
You May Not Access or Use the Site if You Are Not at Least 18 Years of Age.

2. Amendments, Updates, Upgrades, Suspension or Termination of the Site

2.1 We may amend these Terms at any time without notice. If We amend these Terms We will post an updated version of these Terms on the Site. Your continued use of the Site following the posting of such updated version of these Terms constitutes Your acceptance of any changes to these Terms and You shall be bound by such Terms. Please check these Terms regularly to keep up to date with any such changes to these Terms.

2.2 You acknowledge that We may automatically update and/or upgrade the version of the Site You may be using on Your personal computer or mobile device. You consent to such automatic updating and/or upgrading, and agree that these Terms will apply to all such updates or upgrades.

2.3 Neogames reserves the right to suspend, modify, discontinue, disable, remove and/or add to the Site and/or any part and/or sections of the Site or terminate the Site without notice. You also understand and agree that We may discontinue and/or restrict Your use of this Site for any reason without notice to You. You shall have no claims against Neogames with respect to such suspension, modification, discontinuation, disablement, removal and/or addition to the Site and/or any part and/or sections of the Site, or for Our termination of the Site and/or discontinuance and/or restriction of Your use of the Site.

3. Limited License and Intellectual Property

3.1 Neogames grants You a non-exclusive, non-transferable and limited personal license to access and use the Site (“License“). This License is subject to Your full and continuing compliance with these Terms. The License granted to You will automatically terminate if You fail to comply with any term and/or condition set out herein or if We revoke the License granted to You. In such event, these Terms will automatically and immediately terminate, You shall immediately cease use of the Site.

3.2 The brand names relating to the Site and any other trademarks, service marks and/or trade names used by Neogames (“Trade Marks“) are the trademarks, service marks and/or trade names of Neogames, Our affiliates or their respective licensors (as applicable), and these entities reserve all rights to such Trade Marks. In addition to the rights in the Trade Marks, Neogames, Our affiliates and/or their respective licensors (as applicable) own the rights in all other content, including but not limited to the software, images, pictures, graphics, photographs, animations, videos, music, audio and/or text available via the Site (“Site Content“). Copyright, and other intellectual property rights, trademarks laws, and international treaties protect the Site Content. You hereby acknowledge that by using the Site You obtain no rights in the Trade Marks and/or the Site Content and You may only use such Trade Marks and Site Content in accordance with these Terms.

3.3 The License is not a transfer of any title whatsoever to the Site, including without limitation to any Site Content.

3.4 Nothing contained on the Site may be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trade Mark without the written permission of Neogames or any third party that may own the Trade Marks. Your use of Trade Marks or the Site, including without limitation any Site Content, except as provided herein, is strictly prohibited.

3.5 You must not:

3.5.1 Modify or copy the Site (including without limitation the Site Content) unless otherwise explicitly set out in the Terms;

3.5.2 Use the materials on the Site (including without limitation the Site Content) for any commercial purpose and/or for any public display (whether for commercial or non-commercial purposes);

3.5.3 Attempt to decompile and/or reverse engineer any software contained on the Site;

3.5.4 Remove any copyright and/or other proprietary notations from the Site (including without limitation from the Site Content);

3.5.5 Sell, assign, sublicense, transfer, distribute and/or lease the Site Content;

3.5.6 Sell, assign, sublicense, transfer, distribute and/or lease the software on the Site;

3.5.7 Copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate and/or make any attempt to access the source code of the software of the Site;

3.5.8 Make the software of the Site available to any third party; and

3.5.9 Transfer the Site Content to another person or “mirror” the materials on any other server, except as occasionally permitted by any sharing functionality on the Site that expressly allows You to share specific Site Content and/or links to specific Site Content on third party websites and/or social media platforms, as detailed in these Terms.

4. Your Confirmations to Us

4.1 You must not:

4.1.1 You are not under the age of eighteen (18) years old;

4.1.2 You understand and accept that Neogames and/or Our affiliates are unable to provide You with any legal advice or assurances in respect of Your use of the Site (including without limitation to the Site Content), and that Neogames makes no representations whatsoever as to the legality of the Site in the jurisdiction in which You are located;

4.1.3 You agree to ensure that Your use of the Site will comply with all applicable laws, statutes and regulations. Neogames shall not be responsible for any illegal or unauthorized use of the Site by You;

4.1.4 You will not frame or utilize framing techniques to enclose any hallmark, logo, copyrighted image, or proprietary details (consisting of images, text, page layout, or type) of Neogames without Our express written consent; and

4.1.5 You will comply at all times with these Terms.

5. Advertisements

The Site may include advertisements and/or sponsorships for third party products and/or services. The inclusion of such advertising and/or sponsorship does not constitute any endorsement, guarantee, warranty and/or recommendation by Us and/or Our affiliates of such third party products and/or services. You agree not to hold Neogames and/or Our affiliates liable for any loss and/or damage of any sort incurred as a result of any engagement you may have with third parties with regard to such advertising and/or sponsorship.

6. Disclaimers

6.1 The Site, Including Without Limiation the Site Content is Provided for Informational Purposes Only.

6.2 You Expressly Agree That Your Use of the Site, Inlcuding Without Limitation the Site Content is at Your Sole Risk

6.3 to the Fullest Extent Permitted by Applicable Law, We and/or Our Affiliates Do Not Make Any Representation and/or Warranty, Express or Implied (Whether by Law, Statute or Otherwise), Including but Not Limited to Any Implied Representations or Warranties of Performance, Merchantability, Availability, Fitness for a Particular Purpose, Accuracy, Availability, Completeness, Reliability or Non-infringement of the Site, Including Without Limitation the Site Content.

6.4 Access to the Site May Be Restricted in Certain Jurisdictions, and Accordingly Users Accessing the Site Are Required to Inform Themselves of, and to Observe, Such Restrictions.

6.5 Neither Neogames, Nor Our Affiliates Shall Be Liable for Any Actions Taken by You in Reliance on the Site, Including Without Limitation the Site Content.

6.6 Neither Neogames, Nor Our Affiliates Make Any Representation and/or Warranty (Express or Implied, Whether by Law, Statute or Otherwise) Regarding Any Data Provided by Third Party Data Providers Such Data May Not Be Accurate, Complete or Up to Date.

7. Limitation of Liability

7.1 To the Fullest Extent Permitted by Applicable Law, Neogames, Our Affiliates, and Their Respective Shareholders, Directors, Officers, Employees, Agents, Advertisers, Content Providers, and Licensors (Collectively and Individually, the “Neogames Parties”) Will Not Be Liable (Jointly or Severally) for Any Direct, Indirect, Consequential, Special, Incidental, Punitive or Exemplary Damages, Including Without Limitation, Lost Profits, Lost Savings or Lost Revenues, Whether in Negligence, Tort, Contract or Any Other Theory of Liability, Even if the Neogames Parties Have Been Advised of the Possibility in Advance, or Could Have Foreseen Any Such Damages. 

Without Derogating From the Foregoing, Under No Circumstances Whatsoever Shall the Neogames Parties’ Liability to You Arising From or in Connection With the Site or Your Use of the Site (Including Without Limiation From the Site Content), Regardless of the Cause of Action (Whether in Tort, Breach of Warranty, or Otherwise), Exceed in the Aggregate $50 (Fifty Us Dollars).
7.2 To the Fullest Extent Permitted by Applicable Law, Any Cause of Action by You With Respect to the Site, Including Without Limiation the Content, Must Be Instituted by You Within One (1) Year After the Cause of Action Arose or Be Forever Waived and Barred.

8. Your Indemnification

You agree to defend, indemnify, and hold harmless the Neogames Parties from and against any claims, actions, demands, losses, damages, liabilities, and expenses (including but not limited to attorneys’ fees and expenses) arising from or connected to Your breach of these Terms. Neogames and/or Our affiliates reserves the right to take over the exclusive defense of any claim for which We and/or Our affiliates are entitled to indemnification under this Section. In such event, You shall provide Neogames or Our affiliates with such cooperation as is reasonably requested by Neogames or Our affiliates.

9. Governing Law and Venue

The Terms shall be governed by, and construed in accordance with, the laws of Luxemburg without giving effect to its conflict of law principles. All disputes, claims and controversies arising out of or in connection with these Terms or Your use of the Site, including without limitation the Site Content, shall be subject to the laws of Luxemburg.

10. Severability

If one or more provisions of these Terms are held to be unenforceable under applicable law or regulation, such provision(s) shall be excluded from these Terms, and the rest of these Terms shall be interpreted as if such provision(s) were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event these Terms shall be interpreted so as to give effect to the greatest extent consistent with and permitted by applicable law and/or regulation, to the meaning and intention of the excluded provision(s) as determined by such court of competent jurisdiction.

11. Entire Agreement

These Terms constitute the entire agreement between You and Neogames with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of Neogames and/or Our affiliates, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

12. Conflict

To the extent that any Site Content conflicts or is inconsistent with these Terms, these Terms of Use shall take precedence.

13. Waiver

Our failure or Our affiliates’ failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision.

14. Transferring Our Rights

We may transfer Our rights or obligations or subcontract Our obligations under these Terms, in whole or in part, without Your consent. You may not transfer any of Your rights or obligations nor subcontract any of Your obligations under these Terms in whole or in part.

15. Surviving Provisions

Any provisions hereof which expressly or by their nature are required to survive termination or expiration of these Terms of Use in order to achieve their purpose shall so survive until it shall no longer be necessary for them to survive in order to achieve such purpose. Without derogating from the generality of the foregoing, Sections 3.2, 5, and 6 through 15 hereof shall survive termination of the Terms.