Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable license to access and use our Website, App, or Platform to: (a) download, install, and use our App for your use in accordance with this Agreement on any mobile device owned or otherwise controlled by you strictly in accordance with this Agreement, and (b) access, stream, download, and use on your mobile device our Website, App, or Platform and content made available in or otherwise accessible through our Website, App, or Platform, strictly in accordance with this Agreement. You will not use, copy, adapt, modify, prepare derivative works based upon our Website, App, or Platform, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website, App, or Platform, except as expressly permitted in this Agreement. When using and accessing our Website, App, or Platform, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection including and not limited to the applicable charges, rates, tariffs, and other fees that might apply. YOU AGREE THAT WE ARE NOT LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF OUR WEBSITE, APP, OR PLATFORM. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO RAIN PLATFORMS FOR THE ABILITY TO ACCESS OR USE OUR WEBSITE, APP, OR PLATFORM.
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
You agree that our Platform, including but not limited to the Website, App, graphics, trademarks, and editorial content, contains proprietary content, information, and material, which are owned by RAIN Platforms and/or our licensors, including our customers, brands and agencies, and are protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary content, information or materials other than for your permitted use of our Platform or in any manner that is inconsistent with the terms contained in this Agreement. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Website, App, or Platform, in any manner, and you will not exploit our Website, App, or Platform in any unauthorized way whatsoever, including but not limited to, using our Website, App, or Platform to transmit any computer viruses, worms, Trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use our Website, App, or Platform in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using our Website, App, or Platform. You acknowledge and agree that our Website, App, and Platform are provided for your use. Except to the extent necessary to access and use our Website, App, or Platform, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to our Website, App, or Platform, whether expressly, by implication, estoppel, or otherwise. RAIN Platforms and its licensors and service providers reserve and will retain their entire right, title, and interest in and to our Website, App, and Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
REQUIRED CONDUCT AND PROHIBITED CONDUCT
As a condition to access our Website, App, or Platform, you agree to this Agreement and to strictly observe the following:
Comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
Provide accurate information to RAIN Platforms and update from time to time as may be necessary;
Review and comply with notices sent by RAIN Platforms, if any, concerning our Website, App, or Platform; and
Review and comply with our Responsible Gaming Policy .
Opening more than one User Account;
Using VPN or other location masking services, software or methodology while accessing our Website, App or Platform;
Participating in Paid Games from Restricted Areas;
Try to circumvent, provide incorrect information or documentation for, or otherwise interfere with the KYC Verification or other Verification Processes;
Use our Services, Website, App, or Platform while on an OFAC Sanctions List available at https://sanctionssearch.ofac.treas.gov/.
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit our Website, App, or Platform (excluding any user content);
Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide our Website, App, or Platform, or any part thereof;
Utilize information, content or any data you view on and/or obtain from our Website, App, or Platform to provide any service that is competitive with us;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by RAIN Platforms unless you have entered into a written agreement with us;
Adapt, modify, or create derivative works based on our Website, App, or Platform or technology underlying our Website, App, or Platform, or other users’ content, in whole or in part;
Rent, lease, loan, trade, sell/re-sell access to our Website, App, or Platform or any information therein, or the equivalent, in whole or part;
Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages contained in the Website;
Use automated methods to add contacts or send messages;
Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of our Website;
Attempt to or actually access our Website, App, or Platform by any means other than through the interface provided by RAIN Platforms;
Attempt to or actually override any security component included in or underlying our Website, App, or Platform;
Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
Remove any copyright, trademark, or other proprietary rights notices contained in or on our Website, App, or Platform, including those of both RAIN Platforms or any of our licensors;
Use any information obtained from our Website, App, or Platform to harass, abuse, or harm another user; or
Engage in any action or promote any content that is harmful, offensive, illegal, unlawful, discriminatory, dangerous, profane, or abusive.
RAIN PLATFORMS COMMUNICATIONS
You understand and agree that you may receive information and push notifications from RAIN Platforms via email, our App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, our App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not RAIN Platforms.
Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Website, App, and Platform.
You agree to indemnify, defend, and hold RAIN Platforms and our officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against RAIN Platforms and our Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you or your employees, agents, or contractors; (iii) incorrect information provided by you in your Account or elsewhere; or (iv) a failure by you or your employees, agents, contractors or invitees to comply with applicable laws and regulations.
Your access to and use of our Website, App, and Platform or any content are at your own risk. You understand and agree that our Website, App, and Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of our Website, App, or Platform or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of our Website, App, or Platform or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by our Website, App, or Platform; and (iv) whether our Website, App, or Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through our Website, App, or Platform, will create any warranty or representation not expressly made herein.
RAIN PLATFORMS DOES NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT CREATED OR POSTED BY OUR USERS, AND COMMUNICATED TO OTHER USERS OR THIRD PARTIES VIA OUR WEBSITE, APP, OR PLATFORM, BUT RAIN PLATFORMS WILL REMOVE CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL RAIN PLATFORMS BE LIABLE IN ANY WAY FOR ANY CONTENT CREATED OR POSTED BY OUR USERS FOR, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY OUR USERS, AND RAIN PLATFORMS SPECIFICALLY DISCLAIMS ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
Simulated Trading Based Disclaimer: HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN INHERENT LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT ACTUALLY BEEN EXECUTED, THE RESULTS MAY HAVE UNDER- OR OVER-COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. OUR GAMES ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. RAIN PLATFORMS NOR ITS AFFILIATES, EMPLOYEES, OR OWNERS, TAKE ANY RESPONSIBILITY IN THE ACTIONS YOU MAY TAKE IN THE STOCK MARKET. HYPOTHETICAL PERFORMANCE RESULTS HAVE MANY INHERENT LIMITATIONS, SOME OF WHICH ARE DESCRIBED BELOW. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN. IN FACT, THERE ARE FREQUENTLY SHARP DIFFERENCES BETWEEN HYPOTHETICAL PERFORMANCE RESULTS AND THE ACTUAL RESULTS SUBSEQUENTLY ACHIEVED BY ANY PARTICULAR GAME. ONE OF THE LIMITATIONS OF HYPOTHETICAL PERFORMANCE RESULTS IS THAT THEY ARE GENERALLY PREPARED WITH THE BENEFIT OF HINDSIGHT
THIS WEBSITE AND THE INFORMATION AND SERVICES CONTAINED HEREIN ARE PROVIDED FOR ENTERTAINMENT PURPOSES ONLY. THE INFORMATION ON OUR WEBSITE HAS BEEN COLLECTED FROM SOURCES DEEMED RELIABLE AND IS ACCURATE TO THE BEST OF OUR KNOWLEDGE, HOWEVER RAIN PLATFORMS CANNOT GUARANTEE ITS ACCURACY, COMPLETENESS OR VALIDITY. RAIN PLATFORMS CANNOT BE HELD LIABLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR WEBSITES WE PROVIDE LINKS TO. RAIN PLATFORMS WEBSITE MAY PERIODICALLY CHANGE AND THESE CHANGES CAN BE MADE AT ANY TIME. ALL INFORMATION CONTAINED HEREIN SHOULD BE INDEPENDENTLY VERIFIED AND CONFIRMED. RAIN PLATFORMS DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE WHATSOEVER CAUSED IN RELIANCE UPON SUCH INFORMATION OR SERVICES. FURTHERMORE, RAIN PLATFORMS IS NOT AN INVESTMENT ADVISOR NOR A FINANCIAL ADVISOR, AND NO INFORMATION PROVIDED HERE IS TO BE INTERPRETED AS A SUGGESTION TO BUY OR SELL FUTURES OR OTHER INVESTMENT PRODUCTS. YOU ACKNOWLEDGE THAT THE INFORMATION PROVIDED BY RAIN PLATFORMS IN NO WAY GUARANTEES YOUR PROFITABILITY IN THE FUTURES MARKET OR ANY OTHER FINANCIAL MARKET. YOU ALONE ARE RESPONSIBLE FOR YOUR FINANCIAL DECISIONS AND THE ACTIONS YOU TAKE AND YOU AGREE TO HOLD RAIN PLATFORMS BLAMELESS IN THE EVENT OF ANY FINANCIAL LOSSES THAT OCCUR AS A RESULT OF YOUR TRADING ACTIVITIES.
PLEASE ALSO NOTE THAT GAMING AND GAMES BASED ON TRADING HAS A CERTAIN ADDICTIVE POTENTIAL. IF YOU FIND YOURSELF AT RISK, PLEASE SEEK PROFESSIONAL HELP.
LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will RAIN Platforms be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, our Website, App, or Platform, including, without limitation, any information made available through our Website, App, or Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed one times Two Hundred United States Dollars (200 USD). The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of our Website, App, or Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that RAIN Platforms may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of RAIN Platforms’ liability will be the minimum permitted under applicable law.
COPYRIGHT INFRINGEMENT/DMCA NOTICE
If you believe that any content on our Website, App, or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Your physical or electronic signature;
Identification of the copyrighted work(s) that you claim to have been infringed;
Identification of the material on our Website, App, or Platform that you claim is infringing and that you request us to remove;
Sufficient information to permit us to locate such material;
Your address, telephone number, and email address;
A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
RAIN Platforms’ Copyright Agent to receive DMCA Takedown Notices is Harsh Agarwal, firstname.lastname@example.org, at RAIN Platforms, Attn: DMCA Notice, 1000 N. West Street, Suite 1200, Wilmington, Delaware, USA- 19801. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by RAIN Platforms in connection with the written notification and allegation of copyright infringement.
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
ANTI-BRIBERY AND EXPORT COMPLIANCE
You agree not to promote, approach, use, distribute, transfer, provide, sub-license, share with, or otherwise offer our Website, App, or Platform in violation of any laws or this Agreement, including, without limitation, the United States Foreign Corrupt Practices Act, the UK Bribery Act and similar anti-corruption statutes in all jurisdictions. Without limiting the foregoing, you will not knowingly directly or indirectly export, re-export, transfer, make available or release (collectively, “Export”) our Website, App, or Platform to any destination, person, entity or end-use prohibited or restricted under the US law without prior US government authorization to the extent required by the applicable export control regulations, including without limitation, to any parties listed on any of the denied parties lists or specially designated nationals lists maintained under the Export Administration Regulations or the Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq.) administered by the US Department of Treasury, Office of Foreign Assets Control without appropriate US government authorization to the extent required by the applicable regulations.