This User Agreement (the “Agreement”) constitutes a legally binding agreement between you (the “User” or “you”) and OmegaJam Services LLC, a Wyoming Limited Liability Corporation (“OmegaJam,” “we” or “us”).  We own and operate the OmegaJam Platform (the “Platform”), which consists of our website (the “Website”) and various mobile apps and applications playable through certain social media platforms (the “Apps”).  Through the Platform we offer a variety of free-to-play and charity contests and sweepstakes (the “Services”).  You must read these terms and conditions carefully and in their entirety before creating an account on the Platform or using any of the Apps or Services.  If you do not wish to be bound by the terms and conditions of this Agreement, do not register for an Account on the Platform and do not use the Services.

1. BY REGISTERING FOR AN ACCOUNT ON THE PLATFORM OR USING THE SERVICES (AS DESCRIBED BELOW) IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND ITS TERMS AND CONDITIONS IN ENTIRETY; YOU HEREBY ACKNOWLEDGE THAT YOU ARE AUTHORIZED AND ABLE TO ACCEPT THE AGREEMENT’S TERMS AND CONDITIONS AND HEREBY AGREE TO BE BOUND BY THEM.
2. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS AND OUR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 46 BELOW. PLEASE READ SECTION 48 CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR USING OR SERVICES, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
3. LANGUAGES. Although these terms and conditions may be published in several languages, the English version is the only legal basis of the relationship between you and us and in the case of any discrepancy with respect to a translation of any kind, the English version of these terms and conditions shall prevail.
4. AMENDMENTS. We are entitled to make amendments to the terms and conditions of this Agreement at any time and without advanced notice. If we make such amendments, we may take appropriate steps to bring such changes to your attention (such as by email or placing a notice in a prominent position on the Platform, together with the amended terms and conditions) but it shall be your sole responsibility to check for any amendments, updates and/or modifications. Your continued use of the Platform and the Services after any such amendment to the terms and conditions will be deemed as your acceptance and agreement to be bound by such amendments, updates and/or modifications.  Again, you are responsible for reviewing the terms and conditions for any changes, so please check them on the Platform from time to time.
5. MODIFICATION, SUSPENSION, OR TERMINATION OF ACCESS. We may, with or without notice to you (1) modify, suspend, or terminate your access to the Platform or the Services for any reason without liability; (2) interrupt the operation of the Platform or the Service as necessary to perform maintenance, for error correction, or other work; and (3) we may, at our sole discretion, suspend and/or close the Account of any user who violates, or whom we reasonably believe may be in violation of, or will violate the terms and conditions of this Agreement, at any time without notice and without liability.
6. ACCOUNT REGISTRATION. Before you can use the Services (as defined below), you must first personally register with us and create an account (an “Account”).  By registering, you hereby acknowledge and affirm that you are over 18 or such other legal age of majority as determined by any laws which are applicable to you, whichever age is greater; and you have full capacity to enter into a legally binding agreement with us and you are not restricted by any form of limited legal capacity.
   • Jurisdictions Eligible for Registration. We will not accept registrations from individuals residing in jurisdictions where our Services are not permitted (“Prohibited Registration Jurisdictions”).  Persons located in or residing in the Prohibited Registration Jurisdictions are not permitted make use of the Services.  For the avoidance of doubt, the foregoing restrictions from Prohibited Registration Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Registration Jurisdiction.  Depending on your location and, in some cases, your jurisdiction of residence, you may be able to register and create an Account; however, you may be restricted from playing certain contests on the Platform (see Additional Age & Geographic Restrictions).  
   • Creating an Account. When you create an Account, you will be required to submit your full legal name, verify a valid email address and create an Account password.  Additionally, you may be required to verify your date of birth, geographic location or provide other pertinent information that we require.  You will also be required to establish a username.  You may create your own username or a username will be automatically generated and assigned to you. If you choose to create your own username, you hereby agree to create one that is not offensive or disruptive in any manner.  We reserve the right to reject, change, replace, suspend and/or terminate any username you create that we, in our sole discretion, find to be offensive or disruptive.  Note that you will be able to update this information by logging into your Account and clicking “Account Settings.”  Also, if you forget either your password or username, you can visit the Platform or email us for assistance.
   • Additional Information May Be Required. To play in certain contests or sweepstakes and/or to be eligible to receive certain prizes, you may be required to provide additional information.  Failure to provide such information when requested within a reasonable amount of time may result in the forfeiture of such prize.
   • Personal Use. Your Account, the Platform and the Services are intended solely for your personal use. You are only allowed to use your Account and the Services for your personal entertainment.  Only one Account is allowed per person. If you attempt to open more than one Account, all of your accounts may be blocked, suspended or closed and your Account(s) will be frozen.  If you notice that you have more than one registered Account you must notify us immediately. Failure to do so may lead to your Account(s) being blocked.  Accounts are non-transferable. 
   • Accounts May Not Be Sold or Transferred. You are prohibited from selling or transferring your Account or acquiring the Account of any other registered user.  We expressly prohibit the use of your Account, the Platform or the Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, Accounts, our Platform and the Services are not offered to individuals or entities subject to United States, European Union, or other global sanctions or watch lists. By registering for an Account or using the Platform or the Services, you represent and warrant that you are not subject to United States, European Union, or any other global sanctions or watch lists.
   • Do Not Allow Others to Access Your Account. You may not allow any other person to access your Account or access the Services through your Account.  It is your sole and exclusive responsibility to ensure that your login details are safe and secure. You must not disclose your login details to anyone.  We are not liable or responsible for any use of your Account by third parties due to your intentional or inadvertent disclosure of your login details to any third party.  Please keep your username and password secret because you are responsible for all activity in your Account. We may offer a feature that allows you to “save” or “remember” your password.  This feature may make it possible for third parties to access your Account.  Usage of this feature is at your own risk, so please use it with discretion because.  YOU MUST IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR IDENTIFICATION OR ANY OTHER BREACH OR THREATENED BREACH OF OUR SECURITY OR THE SECURITY OF YOUR ACCOUNT.  You agree to inform us as soon as you become aware of any errors with respect to your account or any calculations with respect to any scoring, prizing or other material element of any contest or sweepstakes you are playing or have played. We reserve the right to declare null and void any contest or sweepstakes results that are subject to such an error.
   • Additional Documentation. We reserve the right, at any time, to ask for any additional documentation we deem necessary to determine your identity and/or location. We reserve the right, in our sole discretion, to restrict your access to the Services or to receive prizes until your identity is sufficiently established, or for any other reason we see fit. We also reserve the right to disclose your information as appropriate to comply with any legal process or as otherwise permitted by our Privacy Policy.  By registering for an Account or using the Services, you acknowledge and consent to the possibility of such disclosure.
   • Authorization to Send Messages. By providing an email address, you authorize us to send you important announcements, relevant promotions, and other related communications relating to the Services, including promotions from our third-party partners.  You may opt out of these communications at any time.
7. GEOLOCATION. When you access the Platform or use the Services, we reserve the right (but have no obligation) to monitor your location and we may block your access entirely or block access to certain Services.   Any attempt to circumvent the Account Registration Restrictions is a breach of this Agreement.  This includes, but is not limited to: (A) manipulating the information used by us to identify your location or providing us with false or misleading information regarding your location or place of residence; (B) masking your real location through the use of a VPN, proxy, or similar services; (C) providing incorrect or misleading information about your place of residence, with the intent to circumvent geo-blocking or jurisdiction restrictions; or (D) providing incorrect or misleading information about your current location when prompted to do so, with the intent to circumvent geo-blocking or jurisdiction restrictions.
8. THE SERVICES. Through the Platform we offer a variety of free-to-play and charity contests and sweepstakes (the “Services”).  Please note that certain contests or sweepstakes may be subject to supplementary rules, eligibility requirements or restrictions, including additional age & geographic restrictions.  In some cases, a contest or sweepstakes will include further additional rules, which will be accessible by visiting the contest or sweepstake’s Hub or visiting a location published in a separate location in the Platform.  You hereby acknowledge that it is your responsibility to read these rules before playing in any contest or sweepstakes offered through the Platform.  Furthermore, you hereby acknowledge that in the case of a conflict or discrepancy, the contest or sweepstake’s supplementary rules, eligibility requirements or restrictions shall take precedence.  Contests and sweepstakes are different in several ways.  Contests offered through the Platform are “Contests of Skill” and have been designed satisfy the Predominance Test.  As such, they may incorporate an element of chance, but the outcome is predominantly based on the skill, knowledge, and expertise of the entrants.  Sweepstakes offered through the Platform are not based on the relative skill of the entrants and are predominantly based on chance. 
9. YOUR USAGE OF THE SERVICES. Prior to your use of the Services and on an ongoing basis you hereby represent and warrant the following:
   • All information that you provided to us during your Registration is true, complete, correct, and that you shall immediately notify us of any change of such information;
   • You are accessing the Platform from a jurisdiction in which it is legal to do so;
   • You are physically located in a jurisdiction where the Services, in whole or in part, are permitted and unrestricted by that state or country’s laws; and at all times will abide by these terms and conditions.
   • Your use of the Services is at your sole option, discretion and risk;
   • You use the Services strictly in your personal and non-professional capacity and participate for recreational and entertainment purposes only;
   • You use the Services on your own behalf and not on the behalf of any other person;
   • You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from us;
   • You are solely responsible for any applicable taxes which may be payable on prizes awarded to you through your using the Service;
   • You acknowledge that there is a risk of losing funds when using the Services and that we have no responsibility to you for any such loss;
   • You have only one account with us and agree to not to open any more accounts with us;
   • You are not diagnosed or classified as a compulsive or problem gambler;
   • You accept and acknowledge that we reserve the right to detect and prevent the use of prohibited techniques, including but not limited to fraudulent transaction detection, automated registration and signup, contest play and screen capture techniques. These steps may include, but are not limited to, examination of your device properties, detection of geo-location and IP masking, transactions and blockchain analysis;
   • The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond our control and we shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same;

• If any one of these requirements is not met at any time, we may suspend or close your Account with or without notice.
• YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT ALWAYS ABLE TO VERIFY THE LEGALITY OF ALL OF THE SERVICES IN EACH JURISDICTION AND IT IS ULTIMATELY YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE SERVICES IS LAWFUL.
• FURTHERMORE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTY.
• You are also subject to all municipal, state and federal laws, rules and regulations of the city, state and country in which you reside and from which you access and use the Services, including without limitation U.S. export laws (together with Gaming Laws, the “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws. Access to some of the Services may not be legal for some or all residents of, or persons present in, certain jurisdictions. THE SERVICES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS. Your use of the Services is at your own risk, and you agree not to hold us responsible or liable if Applicable Laws restrict or prohibit your access or participation.
• THE SERVICES ARE PROVIDED AS IS, WITH ALL FAULTS, AND AS AVAILABLE. OMEGAJAM MAKES NO REPRESENTATION OR WARRANTIES, AND DISCLAIMS ANY LIABILITY FOR THE TAX TREATMENT OF TRANSACTIONS CONDUCTED ON THE SITE. IT IS YOUR RESPONSIBILITY TO DETERMINE WHAT AMOUNT, IF ANY, OF TOTAL PURCHASE PRICE IS TAX DEDUCTIBLE, AND AS WITH ALL TAX-RELATED MATTERS, YOU SHOULD CONSULT YOUR OWN TAX ADVISOR.

10. TYPES OF CONTESTS & SWEEPSTAKES. The services include two types of contests and sweepstakes, (1) Free-to-enter; and (2) Charity.
    • Free-to-Enter: Free-to-enter promotional contests and sweepstakes require no consideration to enter.  Please note that certain contests and sweepstakes may be subject to supplementary rules, eligibility requirements or restrictions, including additional age and/or geographic restrictions and/or the input of additional information. 
      • OmegaCoins: Some Free-to-Enter contests and sweepstakes are played with Omega Coins (OMGC) instead of cash. OmegaCoins are issued upon registration, acquired through other actions or purchased.  Omega Coins have no cash value, cannot be cashed in, sold, assigned or transferred.  You hereby acknowledge that all contests and sweepstakes that are played using Omega Coins (OMGC) are free-to-play as Omega Coins have no intrinsic value, regardless as to whether you purchased them or not.
    • Charity: We have partnered with Fiscal Sponsor Allies (“FSA”), an Indiana charitable trust with federal tax-exempt status as a public charity under Section 501(c)(3) of the Internal Revenue Code to administer our Charity Contest & Sweepstakes Program (hereafter referred to as the “CCSP”). Through the Platform and the CCSP, we offer a variety of charity contests and sweepstakes that are designed to benefit a worthy cause or “Target Charity”. It is important to note that we are not a registered fundraiser. We do not raise funds on behalf of the FSA.  Donations made to the FSA go directly to them.  Additionally, we do not retain a portion of the funds you donate to them.  We are a platform service provider to the FSA and we are compensated by the FSA based on the number of charity tickets issued in a given month.  Technically speaking, OmegaJam Charity contests are also free-to-enter because we have incorporated an Alternative Method of Entry (AMOE) that enables registered OmegaJam users to obtain an entry without having to make a donation.  A detailed description of how the OmegaJam CCSP works can be found in the Platform.
11. CONTEST & SWEEPSTAKES FORMATS. Through the Platform, we offer a variety of contest and sweepstakes formats based on the outcomes of various independent events (i.e., sports games, golf tournaments, reality TV shows, eSports, etc.). These formats include, but are not limited to Top-X®, Play-X®, Reverse Bracket®, Expert, and ExpertH2H. Detailed descriptions of these formats, how to play them, how they are score, and how prizing is allocated can be found in the Platform and/or the given contest or sweepstake’s Hub and interface.  We also offer traditional sweepstakes formats that are not based on the outcome of independent events, but rather on the random selection of entries using our GLI Certified Random Number Generator.
12. CONTEST & SWEEPSTAKES STRUCTURES. We currently offer four contest and sweepstakes structures; (1) Tournaments, and (2) House Play.
    • Tournaments. In a tournament style contest or sweepstakes, entrants play against other entrants and are awarded prizes or payouts based on their entries’ relative performance.  All tournament contests and sweepstakes are posted in the Platform lobby through placards that provide relevant high-level information, including, but not limited to, the underlying independent event(s), the format, the entry deadline, and the prizes to be awarded based on achieving a certain place or percentile.
      • VIP Play: In a VIP Play contest or sweepstakes, entrants play against a designated VIP. Note that the designated VIP is not an actual entrant in the contest or sweepstakes.  Rather, their entry serves as a “high water mark” and entries that beat the VIP are then awarded a VIP Prize.
      • Tournaments with Perfect Score Prize: Some tournament style contests or sweepstakes may also offer a Perfect Score Prize, which is a contingent prize awarded for achieving a Perfect Score.
    • House Play. Other contests and sweepstakes are structured as “House Play” where an entrant is awarded prizes for achieving a certain outcome.  In House Play contests and sweepstakes, entrants do not play each other.    
13. THE AWARDING OF PRIZES. Many OmegaJam contests and sweepstakes offer entrants with the opportunity to win prizes. After a contest or sweepstakes has concluded, all entries will be assessed a final score and/or assigned a final rank depending on the contest or sweepstake’s structure.
    • Contests: For contests, the following shall apply:
      • Tournaments: Entries that rank high enough are awarded a prize based on the published place and/or percentile prizes of the contest.
        • Ties: Note that when one or more entries achieve the same score and tie, it may be impossible for each entry to be awarded the same prize. When this situation occurs, the entry that was placed first will win the tie under the theory that the entrant who placed the entry first demonstrated greater skill because they formulated the entry earlier. 
      • House Play: In House Play, the entries are scored and all entries that meet prize eligibility requirements will be awarded a prize. Since entrants are not playing against each other, but against the operator, ties are irrelevant.
    • Sweepstakes: For sweepstakes, the following shall apply:
      • Tournaments: Entries that rank high enough are awarded a prize based on the published place or percentile prizes of the sweepstakes.
        • Ties: Note that when one or more entries achieve the same score and tie, it may be impossible for each entry to be awarded the same prize. When this situation occurs in a sweepstakes, we will generate a random number between 1 and 100,000,000 for each entry.  Tying entries will then be re-ranked with the entries that have been assigned higher numbers being ranked ahead of those with lower ranking numbers. 
        • Example: For example, if entries A, B and C tie for first with a score of 1,500, and A is assigned 450,321, B is assigned 987,321 and C is assigned 234,465, then B would come in 1^st, A would come in 2^nd and C would come in 3^rd. As such, any prize to be awarded for 1^st place would be awarded to B exclusively.
      • House Play: In House Play, the entries are scored and all entries that meet prize eligibility requirements will be awarded a prize. Since entrants are not playing against each other, but against the operator, ties are irrelevant.
    • Note: Individual contests and sweepstakes may vary in the methodologies employed. Furthermore, a different methodology may be described for a given contest or sweepstakes in that contest or sweepstake’s hub or interface.  If there are contradictory terms in a contest or sweepstake’s hub or interface, the terms and conditions found in the hub or interface will take precedence and prevail.
14. PRIZE FULFILLMENT. All prizes on the platform have a designated Sponsor (A “Prize Sponsor”). You can find a given prize’s Prize Sponsor in the contest or sweepstake’s hub or interface. It will be listed below the prize.  At the end of a contest or sweepstakes when a prize is won, we submit the necessary information to the Prize Sponsor so that they can contact the prize’s winner and then fulfill and deliver the prize directly to them.  To be eligible to receive a prize you’ve won, the following additional information must be included in the information of your Account: (1) your full name, (2) your mailing address, (3) your phone number, and in some circumstances (4) your date of birth.   Please note, WE ARE NOT RESPONSIBLE FOR FULFILLING AND DELIVERING ANY PRIZES YOU HAVE WON WHERE WE ARE NOT SPECIFICALLY NAMED AS THE PRIZE’S PRIZE SPONSOR.  If a Prize Sponsor is unable or unwilling to fulfill and deliver prizes that they have agreed to provide, when possible, we will make efforts to mitigate by substituting the prizes won with alternative prizes of equal or lessor value.  You hereby acknowledge and accept that if this situation occurs, we have the right, but not the responsibility or obligation, to substitute the published prize with an alternate prize.  Additionally, you hereby agree to release and hold harmless us, our employees, officers and directors, our Partners (excluding the prize’s Prize Sponsor), Third-Party Service Providers, licensors, and their respective affiliates, their respective officers, directors, employees and agents, and their respective successors and assigns, from and against any and claims you might have due to the failure of a Prize Sponsor to fulfill and deliver prizes you win or may be entitled to by participating in any and all contests or sweepstakes on the Platform.  Additional personal information may also be required by the Prize Sponsor and/or OmegaJam to verify your identity and eligibility to participate in the given contest or sweepstakes and to process any associated tax liability you might owe for winning, accepting, and receiving a prize. 
    • CONTINGENT PRIZES. Some contests may offer one or more contingent prizes for the achievement of a certain score or hand that is difficult to achieve (i.e. a “Perfect Score” or a “Royal Flush”).  Some contingent prizes will be accrued from a portion of the collective entry fees received for entries placed in the current round and/or past rounds or for entries placed in the current contest or prior contests with the same or similar structure or parameters (a “Progressive Prize” or “Progressive Jackpot”).  Others will be payable by a third-party prize indemnification insurer.  It is important to note that if you win or are eligible to win a contingent prize:   
      • More than One Winner. In the case of a tie where more than one entry achieves the required score or hand to be awarded a Contingent Prize in the same contest, then the Contingent Prize will be split equally amongst the tying winning entrants.
      • Verification of Results. We reserve the right, at our sole discretion, to delay the declaration and awarding of any Contingent Prize until we have thoroughly vetted the results and have determined that the Contingent Prize was won fairly and that any and all winners were eligible to enter and meet any other required standards we set.
      • Additional Verification Required. Before issuance of the payout or award, you may be required to provide additional relevant documentation to verify your identity as well as documentation required for tax purposes. If you fail to provide the documentation requested, subject to our sole discretion, you may not be awarded the payout or prize.
      • Modification, Termination or Cancellation of Contingent Prize: We expressly reserve the right to adjust, modify, terminate, or cancel any contingent prize being offered in any contest offered through the Platform. Furthermore, if we decide, in our sole discretion, to adjust, modify, terminate, or cancel any undistributed or un-won contingent prize for any contest on the Platform that you will not be entitled to a refund for any portion of entry fees you paid that were designated to fund the contingent prize. 
    • TAX IMPLICATIONS (Forms, Required Withholding, etc.). We may be required to withhold all or a portion of your prize or require the payment of withholding tax by you before you are awarded the prize.  Regardless, any and all tax liabilities that result from a payout or prize you have won shall ultimately be your responsibility. 
15. COMEGAJAM PARTNERS:
    • VIPs: Celebrities, influencers, media personalities, current and former professional athletes and other public figures who partner with OmegaJam to host or promote contests and sweepstakes on the Platform are considered VIPs. You hereby acknowledge, whether disclosed by a VIP explicitly or not, that a VIP may earn compensation from OmegaJam or OmegaJam Contest Sponsors or OmegaJam Strategic Partners for various activities including, but not limited to when a VIP (1) endorses or recommends OmegaJam or any of our Services, (2) endorses or recommends OmegaJam’s Contest Sponsors, the OmegaJam contests or sweepstakes they sponsor or their prizes, products and services, and (3) endorses or recommends OmegaJam’s Strategic Partners, the OmegaJam contests or sweepstakes they sponsor, or their products or services.   Additionally, you hereby acknowledge that a VIP may earn additional compensation when one of their affiliated users enters into and OmegaJam contest or sweepstakes. 
      • VIP Fees: If a Partner offers a VIP Play contest, they may be paid a Fee, which is generally a percentage of the total compensation we earn for administering the contest.
      • DISCLOSURE OF FINANCIAL INCENTIVE:
      • Affiliate Fees: Partners may also earn compensation based on the activity of their affiliated members.
    • CONTEST SPONSORS. Contest Sponsors are parties who have agreed to sponsor and/or provide prizes for a contest on the platform.  A prize’s Contest Sponsor will typically be displayed in the listing and/or detailed description of the prize, which is located in a given contest’s user interface.
    • STRATEGIC PARTNERS: FILL
16. ADDITIONAL AGE & GEOGRAPHIC RESTRICTIONS. Your eligibility to use certain Services may be subject to Additional Age & Geographic Restrictions based on the type, structure and category of the contest you wish to play. When you visit the Platform, we will use Geolocation to determine the jurisdiction you are playing from.  We may also ask you to acknowledge the jurisdiction you are playing from.    
17. CERTAIN FEES WE EARN. In addition to any sponsorship fees or other routine compensation we might earn through the Platform or the Services, we also may earn revenues from various activities, including, but not limited to the following:
    • The Sale of Additional Omega Coins (OMGC). You will be allotted Omega Coins upon registration and for additional actions, such as posting to social media, referring friends or completing various surveys etc.  We may also earn fees by issuing or selling additional Omega Coins to registered users.   
    • Affiliate Fees and Fees from Third-Parties. On the Platform or in the email messages we send you, we may post or provide links or ads to various third-parties who offer or sell services or products.  In some circumstances, we may be compensated by these third-parties to advertise their products to you or when you when you perform a certain action, such as clicking through to their website or application, registering, purchasing a product or service, or by depositing funds.  When you click a third-party link or ads that we have emailed your or have posted on our Platform, you should presume that we will receive or may receive compensation from the third-party.
    • Data Fees. Please be advised that in some circumstances, we may earn fees from various third-parties for the collection or sharing of user data, including, but not limited to user behavior and/or play.  Please note that any activities related to the collection and sharing of your data will comply with our Privacy Policy, which is accessible through the Platform.
18. BETA RELEASES. For any Service that is identified by us as a “beta” version (“Beta Service”), you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the Service. We reserve rights not to release a final release of a Beta Service or to alter any such Beta Services’ features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
19. THIRD-PARTY SITES. You may be able to access third-party websites or services via the Platform or Services. We are not responsible for third-party websites, services, or content available through those third-party services. You are solely responsible for your dealings with third-parties (including advertisers and game developers). Your use of third-party software, websites or services may be subject to that third-party’s terms and conditions.
20. SERVICES ARE PROVIDED “AS IS.” We disclaim any and all warranties, expressed or implied, in connection with the Services which are provided to you “as is” and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy. Regardless of our efforts, we make no warranty that the Services will be uninterrupted, timely or error-free, or that defects will be corrected.
21. YOUR INDEMNIFICATION OF US. You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees, agents, licensors and third-party service providers harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of the terms of this Agreement; (ii) any use of your Account, the Platform and the Services by any person including yourself; (iii) your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
22. PRIVACY. All matters related to privacy are governed by our Privacy Policy, which is accessible through the Platform.
23. COMMUNICATIONS. As also detailed in the Privacy Policy, we may use emails, text messages, and push notifications to notify you when you win new contests have been posted, to provide key information about contests you have entered, such as when an entry deadline is approaching or a contest you have entered has completed, and to let you know of special promotions, events and policy changes. We may also communicate with you via email, text message, push notification or chat for any other purpose relating to the Services. We or our representatives may monitor all communications made by or received by you while using the Website and Services. If you do not wish to receive these communications from us, you may opt out by emailing support@OmegaJam.com, but you acknowledge that opting out may result in your inability to participate in some contests.
24. DEVICE INFORMATION. Using the Services requires an Internet connection to our servers, and we may need to collect certain information from you and your Internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any Device that logs onto the Services using your Account. We will use this information in accordance with the Privacy Policy.
25. SENSITIVE INFORMATION. Please take care in sending us sensitive information because third parties can unlawfully intercept or access transmissions or private communications between you and us, and you acknowledge that internet transmissions are never completely private or secure. For your safety, you should never reveal any sensitive personal information in any OmegaJam-enabled public forums, message boards or chat features.
26. BONUSES & PROMOTIONS. We, at our sole discretion, might offer from time to time, a number of Bonuses or Promotions.
    • Each of the Bonuses and Promotions has its own set of terms and conditions and individual requirements if any. By activating a Bonus or Promotion, you hereby acknowledge and confirm that you have read and agree to the applicable terms and conditions.
    • Once forfeited or de-activated, the Bonus or Promotion will no longer be available to You (and cannot be re-activated at any time thereafter). The amount of any Bonus Funds or Promotional Funds that have already been credited to your Account will remain available to You.
    • We reserve the right to remove bonuses from all inactive accounts or accounts that are identified as “bonus abusers”.
    • We reserve the right to cancel all bonuses that have not been claimed within the claiming period or 60 days, the shorter of the two.
    • We reserve the right to cancel any bonus at its sole description.
27. REFUNDS. Unless otherwise required by law, no refunds are given.
28. TAXES. If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws. Additionally, you agree to the following:
    • You are solely responsible for reporting and accounting for any taxes applicable to you under relevant laws for any winnings that you receive from us;
    • You are solely responsible for any applicable taxes which may be payable on prizes awarded to you through your using the Service;
29. PROMOTIONAL ACTIVITIES. By registering for an Account, you allow us to publicly display your username, user picture and contest records, and to use this information for any purpose. By using the Services, you allow us and our developer partners to print, publish, broadcast and use, worldwide, in any media and at any time, your name, picture, voice, likeness, and/or any biographical information that you submit to us or our developer partners (“Biographical Information”) for promotional, marketing or related business purposes, without compensation to you. However, we will never sell your Biographical Information without your prior written consent, and our use of your personally identifiable information is always governed by our Privacy Policy.
30. CONTEST PLAY DIALOGUE. We may use third party websites and technologies to record or stream contest play or chat dialogue occurring through the Services, including your own dialogue (“Recordings”). We use Recordings to verify compliance with these Terms and as part of marketing and promotion of the Services. Please do not submit personally identifiable information in contest play dialogue—this information is available for anyone to see and use. You may record and distribute your own recordings of contest play dialogue for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) so long as your recordings and distributions: (a) do not include other products or services that are competitive with the Services, and (b) comply with these Terms.
31. RULES OF CONDUCT. You are personally responsible for your use of Services and Software, and while using Services and Software you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us and our developer partners, in our sole discretion. We and our developer partners reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.
    • Profanity, obscenities, or the use of **asterisks** or other “masking” characters to disguise such words, is not permitted.
    • You may not use or upload obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind, as determined by us in our sole discretion.
    • Service usernames will be displayed as ‘Your Name’; impersonating other players is not allowed.
    • Do not share personal information (your name, phone number, home address, and password) with other users.
    • Do not transmit or upload any copyrighted or trademarked materials in messages or postings.
    • Information disclosed in chat rooms, message boards, contest play dialogue or via eMessages is revealed to the public, and neither we, nor our developer partners, is responsible for information you choose to disclose to others.
    • Advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages.
    • You may not attempt to participate in any Service by means of automatic, macro, programmed or similar methods.
    • You may not commit fraud with regard to any Service.
    • You may not attempt to impersonate or deceive another user for the purposes of illicitly obtaining cards, passwords, account information etc. (aka “scamming”).
    • You may not make any commercial use of any of the information provided on the Website or through the Services nor make any use of the Website or Services for the benefit of a business.
32. YOUR CONTENT. You acknowledge that the Service is a passive conduit for user content and that: (i) neither we, nor our developer partners, pre-screen user content or communications or (ii) control, verify or pay for any user content or communications. We do not endorse, and specifically disclaim any responsibility or liability for, any publicly posted content. In addition, as agent for our developer partners, we may terminate your access to any public forums at any time, without notice, for any reason whatsoever, and/or delete, move or edit content submitted publicly, in whole or in part. You may only upload, send, and receive messages and material that is related to the subject matter of the public forums, complies with Applicable Laws, and conforms to any additional terms of service posted in the public forums. You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion only. Subject to the foregoing, as agent for our developer partners, we may edit, refuse to post, or to remove any information or materials submitted, in our discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content.
33. OUR PROPRIETARY RIGHTS TO YOUR CONTENT. Subject to these Terms, you grant to us a worldwide, perpetual, unrestricted, royalty-free license to use, copy, modify, distribute, publish, perform, transmit and display any and all communications, materials, content and information that you submit to us or our developer partners, whether directly or through the Website, Services or Software (“Content”), and waive any moral rights you may have in Content. Subject to these Terms, any communication or material you transmit to us, including any data, questions, comments, suggestions or the like, will be treated by us and our developer partners as non-confidential and non-proprietary. Subject to these Terms, we and our developer partners may use Content for any purpose, without any compensation, accounting or other liability or obligation to you. If you use or share Content in a way that infringes others’ copyrights, trademarks, other intellectual property rights or privacy rights, you are breaching these Terms. You represent and warrant to us and our developer partners that for the duration of these Terms you have (and will have) all the rights necessary for the Content you upload or share on the services and that the use of the Content, as contemplated in this Section will not violate any Applicable Laws. If your Account is cancelled or terminated, we and our developer partners may permanently delete your Content from our servers and we have no obligation to return Content to you.
34. LICENSE OF OUR SOFTWARE. Subject to these Terms, we grant to you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software, in object code format only, on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not network the Software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software or its structural framework; (ii) create derivative works of the Software; (iii) use the Software in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software that is under your possession or control.
35. DIGITAL ASSETS. Some Services and Software may allow you to create digital objects, such as avatars. Such digital objects, in addition to any digital or virtual objects or assets we assign to your Account, such as “Z”, virtual trophies or virtual goods, are collectively referred to as “Digital Assets”. You acknowledge that because all Digital Assets are created through the Software and/or Services, we solely and exclusively own all Digital Assets. To the extent we do not automatically own any Digital Asset, you hereby irrevocably, expressly and automatically assign to us, in perpetuity, all right, title and interest in and to any such Digital Assets, including, without limitation, all copyrights, patent rights, trade secrets, trademarks, moral rights and all other applicable proprietary and intellectual property rights throughout the world. If you have any rights to Digital Assets that cannot (as a matter of law) be assigned to us in accordance with the foregoing, you unconditionally and irrevocably: (i) waive the enforcement of such rights against us; and (ii) grant to us an exclusive, irrevocable, perpetual, worldwide, royalty-free license (a) to reproduce, create derivative works of, distribute, publicly perform, publicly display, digitally perform and otherwise use and exploit such Digital Assets, (b) to use, make, have made, sell, offer to sell, import and otherwise exploit any product or service based on, embodying, incorporating or derived from Digital Assets, and (c) to exercise any and all other present or future rights not yet known in Digital Assets. Subject to these Terms, we grant you a limited license to use Digital Assets through your own Account solely for purposes and in furtherance of your use of Services.
36. OWNERSHIP. All content of the Website, all OmegaJam products and services, all OmegaJam logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of OmegaJam as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
37. CHEATING, FRAUD, ABUSE AND COLLABORATING WITH OTHER PLAYERS. In accessing or participating in Services or using the Software, you represent and warrant to us and our developer partners that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services or Software. Anyone who engages in, participates in or displays behavior that may be interpreted, in the discretion of us and our developer partners only, as unfair methods in participating in Services or using the Software, including but not limited to, the opening and/or use of multiple accounts (e.g., You may not have more than one registered account with the same personal information, such as your name, email address, phone number, mobile device, and payment method) the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), harassment of other participants, posting objectionable material, breach of these Terms, breach of security of your Account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us and our developer partners only), which may include, without limitation: (1) immediate termination of your Account and blocking of your access to the Website and Services; (2) any Winnings or Prizes that you may otherwise have been entitled to receive shall be void and forfeited; (3) any Winnings or Prizes received by you shall be subject to disgorgement and/or recoupment; and (4) you may be charged a fine of up to $1,000 for engaging in unfair methods. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we, solely, or in conjunction with our Partners, may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our and/or our Partners’ fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
38. HACKING, TAMPERING OR UNAUTHORIZED ACCESS. Any attempt to gain unauthorized access to systems or any other user’s account, interfere with procedures or performance of Services or deliberately damage or undermine the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your Account and forfeiture of your Winnings or Prizes. You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your Account.
39. RESTRICTIONS. Any use, reproduction or redistribution of the Services, or related products or services (including without limitation, Digital Assets) not expressly authorized by these Terms is expressly prohibited. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (a) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (b) providing unauthorized means through which others may use Services such as through server emulators; (c) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Websites or Services; (d) interfering with any other party’s use and enjoyment of Services and/or Software (including cheating) or the Website; and/or (e) attempting to gain unauthorized access to third party accounts, the Service or Software.
40. CHILDREN. The Services will not knowingly accept personal information from anyone under 18 years old. If you believe that a child under 18 has gained access to the Services, please contact us at support@OmegaJam.com. On behalf of ourselves and our developer partners, we have taken commercially reasonable steps to restrict use of Services to those who are at least 18 years old. As agent for our developer partners, we do not sell products or services for purchase by minors.
41. OMEGAJAM EMPLOYEE POLICY. OmegaJam employees may use the Services and/or Software for the purpose of testing the user experience. OmegaJam directors, contractors, affiliates, or partners may use the Website, Services and/or Software without such limitation, but only if they do not have any access to non-public information relating to the Services that would lead to any advantage in their play using the Services.
42. TERM & TERMINATION. These Terms apply to you and to us from the date that you accept them as provided above, until termination of your Account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may terminate these Terms at any time and for any reason by going to your Account webpage and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Services and the Software and your Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Digital Assets. Your obligation to pay accrued Fees will survive any termination of these Terms. Any and all terms and conditions within these Terms which should, by their nature, survive termination of these Terms, will survive such termination.
43. DISCLAIMERS. In conjunction with our developer partners, we strive to keep Services up and running; however, all online services suffer occasional disruptions and outages, and we are not responsible or liable for any disruption or loss you may suffer as a result. You should regularly backup content that you store on the Services.
44. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR OUR DEVELOPER PARTNERS (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
    • We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of Services, Digital Assets, the Software or the Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user. Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
    • LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE OR OUR DEVELOPER PARTNERS, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
    • TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
    • Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
45. BREACH. Without prejudice to any other rights, if you breach, in whole or in part, any provision contained herein, we reserve the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User. You agree to fully indemnify, defend and hold harmless us and our shareholders, directors, agents, licensors and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.
46. DISPUTE RESOLUTION & ARBITRATION. This Section applies to any Dispute except for Disputes relating to the enforcement or validity of our intellectual property rights. The term “Dispute” means any dispute, action or other controversy between you and us concerning these Terms, the Services or any product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to OmegaJam Customer Support, 405 Golf Lane, Indianapolis, IN 46260. We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either you or we may commence arbitration.
    • Binding Arbitration. If you and we do not resolve any Dispute by informal negotiation, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
    • Class Action Waiver. To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
    • Arbitration Procedure. If you are located within the United States, Canada, the United Kingdom or the European Union, or any of their territories, then any arbitration will be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules. You and we each agree to commence arbitration only in Indianapolis, IN, USA. You may request a telephonic or in-person hearing by following the AAA rules. In a Dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. If you are located in a country other than listed above, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
    • Claims or Disputes. Must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute isn’t filed within one year, it’s permanently barred.
    • Equitable Relief. You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
    • Complaints. If you have a complaint to make regarding our services, you may contact our customer support via email (complaints@OmegaJam.com). We will endeavor to resolve the matter promptly.
47. MISCELLANEOUS.
    • Electronic Documents. We may, in our sole discretion, seek your consent to the terms and conditions of this Agreement and certain other agreements on the Platform by means of an electronic signature by requesting you to affirmatively “click” on boxes containing the words “I Accept,” “I Agree” or other similar phrases (collectively, “Acceptance Terms”). If you “click” on the Acceptance Terms, your “click” will be deemed a legally binding electronic signature. you acknowledge and agree that you will carefully review any document or web page before making such an electronic signature
    • Severability. If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
    • Assignment. OmegaJam reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
    • Waiver. No waiver by OmegaJam of any breach of any provision of this Agreement (including the failure of OmegaJam to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
    • Remedies. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses.
    • Conflicts. In the event of any conflict or inconsistency between the provisions of this Agreement and the provisions of any of the other document or page located on the Platform or accessible through the Services, the provisions of this Agreement shall control.
    • Scope of Relationship. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and OmegaJam.
    • Notices. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account.
    • Admissibility. A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
    • Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and OmegaJam regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and OmegaJam.