Version 1.2

Date: 15 February 2024

TERMS OF SERVICE

Please review these Terms of Service (“Terms”) carefully. We also request that you read the retrobobby Privacy Policy and Player Safety Policy (collectively, the “linked policies”) before using any retrobobby services, web pages, or applications. By accessing or using any of our websites or services, you agree to be bound by these Terms and the linked policies. If you do not accept any provisions within these policies, please refrain from registering for an account or participating in any retrobobby social games.

These Terms form a binding agreement between you and Bandaloop Games GmbH (“retrobobby,” “us,” “we”) and outline the conditions governing your access to and use of retrobobby’s websites and applications (“the Site”). They also define terms for creating a Customer Account, using the Games on the Site, and conducting any transactions or interactions with us (collectively, the “Services”).

Please note: these Services and related websites or online applications do not provide “real money gambling.” No real currency is required to play, and all offerings are for social, recreational entertainment only.

Furthermore, these Terms include a mandatory arbitration provision, obligating you and retrobobby to resolve any disputes exclusively through final, binding arbitration on an individual basis, not on a class-wide or consolidated basis. If you do not wish to be bound by this arbitration provision as it relates to your use of our Services, you can opt out within thirty (30) days by following the instructions at the end of the “Binding Arbitration and Class Waiver” section (see Section 16).

By confirming that you are of legal age, have the authority to accept these Terms, and fully understand them, you agree to be bound by these Terms. By checking the acceptance box, accessing the Games, or creating a Customer Account, you explicitly acknowledge that you have read these Terms and accept them.

1. Alterations to the Terms of Service and Linked Policies

1.1. Updates to the Terms

We may occasionally revise or modify these Terms. Should we do so, the updated Terms will appear at the Terms of Service link on the Site. We will notify you of material changes, but you acknowledge it is your responsibility to review the Site for the most current Terms prior to using the Services. Continued use of the Services after any changes are posted signifies your acceptance of those changes.

1.2. Updates to Linked Policies

We may also update or amend the Linked Policies from time to time. Any such changes will be posted on the Site, and you are responsible for reviewing them before using the Services. Your continued use following the posting of any modified Linked Policies indicates your agreement to those updates.

1.3. Inquiries

If you have any questions about these Terms or the Linked Policies, please contact Customer Support.

1.4. Conflicts

If any inconsistency arises between these Terms and the Linked Policies, these Terms shall take precedence.

2. Your Customer Account

2.1. One Account Only

You are permitted only one Customer Account. If you open or attempt to open more than one, we may close or suspend all related accounts at our discretion, and any associated Virtual Currency (defined below) may be invalidated.

2.2. Lost Access

If you lose access to your existing Customer Account, please do not register a new one. Contact Customer Support at [email protected] for assistance.

2.3. Accuracy of Personal Information

You must ensure your personal information is accurate and up to date. If you change your address, email, phone number, or other details, please inform Customer Support. The name provided during registration must match any identification used for Customer Account verification.

2.4. Password

During registration, you will select a password unless you register via Facebook® or Google® login, in which case the relevant platform’s password will apply.

2.5. Security

You are responsible for the security of your Customer Account. You agree not to share your account or password with anyone, and you must not allow anyone else to use your account without our written permission. You also agree not to access any account that has been rented, leased, sold, or otherwise transferred from the original owner.

2.6. Compromised Accounts

If you suspect that your account’s security has been compromised (e.g., someone has learned your password), notify us immediately.

2.7. Responsibility for Use

You bear responsibility for preserving the confidentiality of your account details and for any transactions conducted through your account (authorized or otherwise). You must ensure that no minor under the age of eighteen accesses or uses your account.

2.8. Inactive Accounts

We reserve the right to close accounts that have been inactive for sixty (60) days or more. We may, at our discretion, provide notice, but are not required to do so.

2.9. Closing Your Account

To close your account, contact Customer Support. When you close your account, you forfeit all access to, and any right to use, the Virtual Currency tied to that account.

2.10. Refusal or Closure

We reserve the right to refuse or close an account at any time, at our sole discretion.

2.11. IP Limitations

We may, in our sole discretion, limit Customer Account registrations to one per IP address.

3. Limited Revocable License

3.1. Virtual Currency

We may provide virtual in-game currency (“Virtual Currency”) for use with our Services. Currently, Games on the Site are played with Gold Coins.

3.2. License Grant

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services (and any Virtual Currency within them) solely for your personal entertainment. You acquire no ownership or other rights in any Virtual Currency beyond this limited license, and if you breach these Terms, your license may be terminated at our discretion.

3.3. No Ownership

These Terms do not convey to you any right, title, or interest in the Services themselves.

3.4. Right to Modify

We reserve the right, within legal limits, to regulate, control, or eliminate Virtual Currency at our discretion, and are not liable for exercising this right.

3.5. Prohibited Transfers

You may not transfer or sell Virtual Currency to any third party, nor may you sell or assign your Customer Account. Any attempt to do so may result in account closure and possible legal action.

3.6. Account Suspension or Termination

Upon termination or suspension of your account or the Services, all Virtual Currency will be revoked.

4. Eligibility for Use of the Service

Continued access to the Service depends on your continued compliance with these Terms, specifically that:

1. You are at least eighteen (18) years old, or the age of majority in your jurisdiction (whichever is higher), and are legally permitted to participate in the Games under the laws that apply to you.
2. You understand that we do not provide legal advice, and it is your sole responsibility to ensure your use of the Service is lawful in your jurisdiction.
3. You do not reside in, and will not access the Games or Service from, Belarus, Cuba, Iran, Iraq, Libya, Syria, North Korea, Russia, the Quebec province of Canada, or the Crimean, Donetsk, and Luhansk regions of Ukraine (collectively the “Prohibited Territories”).
4. You use the Games solely for your personal, recreational entertainment.
5. All information you provide to us is truthful, complete, and accurate.
6. You will not engage in fraudulent or unlawful activities in connection with your participation in the Games, nor will you use automated methods (“bots”) or other software-assisted techniques to participate. We reserve the right to void any participation if we detect such behavior.

5. Restrictions on the Use of the Services

The Service is licensed, not sold, to you. We (and our licensors) retain all rights to the Service, including intellectual property rights (see Section 11). You agree that you will not:

• Remove or alter copyright, trademark, or proprietary notices on the Service.
• Sell, lease, distribute, transfer, sub-license, or otherwise grant any rights in any part of the Service to a third party.
• Copy, modify, or create derivative works of the Service, including any software that is part of the Service.
• Disassemble, decompile, or reverse-engineer the Service or permit a third party to do so, except if legally allowed.
• Reproduce the Service or any portion of it in any form or by any means.
• Exploit the Service in any unauthorized way, including but not limited to overburdening network capacity.
• Make the Service available to multiple users via a network or file-sharing service.
• Misrepresent the origin or ownership of the Service.
• Scrape, build databases, or otherwise create permanent copies of content derived from the Service.
• Use the Service in a manner that harasses, abuses, stalks, threatens, defames, or otherwise infringes on the rights of others.

6. Purchases of Gold Coins

6.1. Payment Method

The name on your chosen payment method must match the name associated with your Customer Account. If this is not the case, your account may be suspended and purchases voided. Immediately inform us if your payment details are lost, stolen, or compromised.

6.2. Payment Agents

We may appoint one or more third parties (“Payment Agents”) to process payments to or from you. These Payment Agents have the same rights as we do for processing purposes. We are not liable for any losses or damages resulting from a Payment Agent’s negligence or actions beyond our authorization.

6.3. Payment Credential Storage

By accepting these Terms, you authorize us or our Payment Agents to store your payment credentials in accordance with payment processing regulations.

6.4. Payment Agent Authority

Our Payment Agents may act on our behalf or in their own name. We are not responsible for any losses or liabilities resulting from a Payment Agent’s conduct that exceeds the authority granted by us.

6.5. Chargebacks

If a chargeback is initiated against one or more of your Gold Coin purchases, your account will be suspended. The chargeback amount becomes a debt you owe, and you must settle it through an approved alternative payment method.

6.6. Currency

All purchases of Gold Coins will be made in the local currency of your registered country.

6.7. Delivery Timing

We aim to credit Gold Coins to your account promptly. Delays may occur due to external factors like internet connection or power outages.

6.8. Statement Description

Your account statement will label the purchase under “B2Services OU.”

6.9. Purchase Confirmation

After making a purchase, you will see an on-screen confirmation.

6.10. Balance Display

Once logged in, your Gold Coins balance will be visible in the top right corner of your screen on both mobile and desktop.

6.11. Expiration

Gold Coins expire if your account is Inoperative for sixty (60) consecutive days, where “Inoperative” means no gameplay activity.

6.12. Contacting Customer Support

For assistance, email [email protected]. We try to respond as soon as possible, but please allow up to twelve (12) hours for a reply.

7. Games and Contests

7.1. Additional Rules

Games offered on the Service may have specific rules. It is your responsibility to read these rules before playing. Familiarize yourself thoroughly with the rules and terms of play before you begin any Game.

8. Complaints

8.1. Dissatisfaction

If you are dissatisfied with the Service, please email us at [email protected].

8.2. Submission Window

All complaints or claims must be submitted within three (3) months from the issue that gave rise to them.

8.3. Required Information

Use the same email address tied to your Customer Account and include:

• Your user ID
• Your first and last name (as registered)
• A detailed explanation of the complaint or claim
• Relevant dates and times (if applicable)

8.4. Response Time

Failure to include the above details may delay our response. We will endeavor to reply as quickly as possible.

8.5. Dispute Escalation

We aim to resolve your complaint promptly. If you are unsatisfied with our response, you may proceed to arbitration as outlined in Section 16.

9. Promotional Content

9.1. Applicability

All promotions, contests, and special offers are subject to these Terms, plus any specific rules posted at the time of the offer.

9.2. Right to Amend

We reserve the right to withdraw or change any promotion, contest, or special offer at our discretion without notice.

9.3. Exclusions

We may exclude you from any promotion, contest, or special offer at our sole discretion without obligation to disclose reasons.

9.4. Fraud and Multiple Accounts

We may exclude you if we believe you are participating fraudulently, using multiple accounts, or breaking the law in your jurisdiction. In such cases, we reserve the right to suspend all related accounts and withhold any promotional benefits.

9.5. Use of Content

By entering a promotion, contest, or special offer, you grant us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use any content you post in connection with that promotion in any manner we choose, without further notice or attribution.

10. Customer Verification

10.1. Verification Rights

We may conduct verification checks (including identity and credit background checks) as required by law or regulatory authorities. You agree to comply with any requests for information in a timely manner.

10.2. Account Restrictions

We may limit or restrict your use of a Customer Account pending satisfactory completion of these checks.

10.3. Required Documentation

We may request documentation (such as government-issued ID, utility bills matching your registered address, proof of source of funds, etc.). If you do not provide the requested documents within forty (40) days, we may restrict or deactivate your account.

10.4. Third-Party Services

We may use third-party service providers for location and identity verification. To use the Service, you must allow location services on your device or PC.

11. Intellectual Property

11.1. Limited Use

These Terms grant you a right to use the Service; they do not grant ownership or any other proprietary interest in the Service.

11.2. Rights and Title

All rights, title, and interest (including copyrights, patents, trade secrets, and other intellectual property rights) in the Service remain exclusively with us or our licensors.

11.3. Game Elements

Any aspect of the Games—titles, source and object code, client/server software, audio, visuals, concepts, methods, text, data, user accounts, characters, artwork, animations, or other content—remains the property of us or our third-party suppliers.

11.4. Account Ownership

You agree you have no ownership rights or interest in your Customer Account. All rights in and to your account belong to us.

11.5. Copyright Infringement

If you believe your work has been copied or rights infringed upon through the Site, please contact us at [email protected]. Provide the following:

• A physical or electronic signature of the rights owner or authorized representative.
• A description of the copyrighted work or the right you claim is being infringed.
• Sufficient information to locate the infringing material.
• Your name, address, phone number, email, and any other necessary contact details.
• A statement, under penalty of perjury, that the use of the material is not authorized by the rights owner, its agent, or the law.
• A statement, under penalty of perjury, that your notice is accurate and you are authorized to act on the rights owner’s behalf.

12. Responsibility for Customer Content

12.1. Compliance

You must follow all relevant laws when creating content that relates to the Services. You agree not to submit any material that is defamatory, inaccurate, abusive, obscene, harassing, sexually explicit, unlawful, or that violates another party’s rights.

12.2. Accuracy

You will not provide false or misleading information to us or any other user.

12.3. Moderation

Although we reserve the right to remove user-submitted content, we are not obligated to do so and are not responsible for the conduct of any user or the content they submit.

12.4. License to Use Content

By submitting any content (“User Content”), you grant us an exclusive, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to reproduce, modify, distribute, sell, transfer, transmit, publicly display, or otherwise use your User Content in any form or medium now known or later developed.

12.5. Name and Likeness

You also grant us the right to use your name, likeness, or any other information provided in your User Content in connection with the content or your account, without obligation to you.

12.6. Sole Responsibility

You acknowledge that you are solely responsible for any User Content you provide, and we do not guarantee backup or retention of any such content.

12.7. Prohibited Content

Prohibited content includes, but is not limited to:

• Messages or materials promoting racism, bigotry, hatred, or physical harm.
• Harassing materials.
• Offensive sexual or violent content.
• Promotion of terrorism or religious hatred.
• Illegal activities or content that is abusive, threatening, or defamatory.
• Unauthorized commercial material.
• Advertising for competitor services.

12.8. Reporting Violations

If you see content you believe violates these guidelines (e.g., offensive or harassing materials), please contact us at [email protected].

13. Third-Party Websites & Content

13.1. Third-Party Links

The Service may link to content owned or operated by third parties (e.g., affiliate offers or advertisers). Any charges or liability arising from these third parties are solely your responsibility. We do not control or endorse such content.

13.2. No Endorsement

Our inclusion of a link to a third party does not constitute an endorsement or guarantee of their products, content, or services. We make no representations about their accuracy or functionality.

13.3. Your Responsibility

By visiting third-party sites, you acknowledge we do not control their materials or policies. Such sites may collect personal data; you are responsible for reviewing the relevant privacy policies and terms of use.

13.4. Third-Party Liability

We are not liable for any damages, claims, or costs you may incur as a result of third-party products, services, or content.

13.5. Social Networking

When discussing the Service on social media (Facebook®, Twitter®, etc.), you agree that:

• Your activity is governed by that platform’s rules.
• You will not post any false or defamatory statements about retrobobby or its personnel.
• We are not responsible for user-generated content on third-party platforms.

14. Disruptions, Errors & Omissions

14.1. No Warranties

The Services (including all content and user materials) are provided “as is” and “as available,” without warranties of any kind—whether express or implied—including but not limited to warranties of title, merchantability, fitness for a particular purpose, or non-infringement. We specifically disclaim any warranty that:

• The Services will be uninterrupted or error-free.
• Any defects will be corrected.
• The Services will be free of viruses or harmful components.
• Information or materials in the Services are complete or accurate.
• The Services will meet your requirements.
• Data transmissions will be secure.

14.2. Jurisdictional Limitations

Certain jurisdictions may not allow some of these warranty disclaimers or limitations. In such regions, our warranties and liability are limited to the fullest extent allowed by law.

14.3. Service Disruptions

We are not liable for downtime, server disruptions, errors, or other technical or political disturbances to the Service or Games, nor for improper methods or means of participation.

14.4. Limitations

We do not accept liability for loss or damage from delays, interruptions, data corruption, or network failures relating to your use of the Service.

14.5. Malfunction

In the event of a Service malfunction, all related gameplay may be voided.

14.6. Errors in Games

If a Game error or malfunction occurs, any resulting gameplay or outcomes may be considered void.

14.7. Game Removal

We may remove any Games or parts of the Games at our discretion. Should any error in configuration or software cause incorrect gameplay or currency balances, we may adjust player accounts accordingly.

14.8. Temporary Suspension

We reserve the right to temporarily suspend any part or all of the Service for any reason at our sole discretion. We will restore access as soon as reasonably feasible.

14.9. Inaccuracies

We have sole discretion to declare gameplay void if it is obvious there has been an error or misprint (e.g., incorrect stakes, odds, or software mistakes).

14.10. Incorrect Awards

Should you be mistakenly awarded any Virtual Currency or prizes due to human error, software defect, or malfunction, we are not obligated to honor such awards, and reserve the right to revoke them.

14.11. Final Results

If there is a discrepancy between the result displayed on your device and the result recorded on our server, the server result is considered final and binding.

15. Indemnity and Limitation of Liability

15.1. Limits on Liability

To the maximum extent permitted by law, neither we nor our subsidiaries, affiliates, officers, employees, agents, partners, or licensors are liable for indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, personal injury, property damage, data loss, cost of substitute goods or services, or other intangible losses arising from:

• Your ability or inability to use the Service.
• Conduct or content of any third party on the Service.
• Any reliance upon information obtained from the Service.
• Unauthorized access to or alteration of any material or content.

15.2. Local Laws

Some jurisdictions do not permit exclusions of certain warranties or limitations on certain damages. In such areas, these limitations shall apply only to the fullest extent allowed by applicable law.

15.3. Liability Cap

To the extent allowed by law, our total liability (and that of our affiliates) is limited to the total amount you have paid us in the one hundred eighty (180) days immediately before your first claim.

15.4. No Continuous Guarantee

We are not responsible for damages or losses related to viruses, bugs, or malfunctions of computer or network systems that occur due to your access or use of the Service. We do not guarantee continuous, uninterrupted, or secure access to the Service.

15.5. Third-Party Liability

We are not liable for damages or losses you may incur due to any third-party content, products, or services.

15.6. Release

You release us, and our affiliated entities, from any liability relating to acts or omissions of such third parties in connection with your use of the Service.

15.7. Indemnification

You agree to indemnify and hold us harmless from any claims or demands (including attorneys’ fees) made by third parties arising from your use of the Service, your breach of these Terms, or your infringement on any rights of third parties.

15.8. Personal Injury

Nothing in these Terms limits liability for death or personal injury caused by willful misconduct or negligence.

16. Dispute Resolution and Agreement to Arbitrate All Disputes

16.1. Binding Arbitration and Class Waiver

PLEASE NOTE: THIS SECTION REQUIRES THAT YOU SUBMIT ANY DISPUTES WITH retrobobby TO BINDING, FINAL ARBITRATION ON AN INDIVIDUAL BASIS, AND PREVENTS CLASS-WIDE ARBITRATION OR LITIGATION. IF YOU DISAGREE WITH THESE ARBITRATION AND CLASS WAIVER TERMS AND HAVE NOT PREVIOUSLY AGREED TO AN ARBITRATION PROVISION WITH US, YOU MAY OPT OUT WITHIN THIRTY (30) DAYS OF ENTERING THIS AGREEMENT BY FOLLOWING THE PROCEDURE DESCRIBED BELOW.

Scope: You and retrobobby agree any dispute or claim arising out of or related to your use of retrobobby’s Sites or Services, or to these Terms (including questions around enforceability, validity, or scope), will be resolved by arbitration. This includes disputes arising before acceptance of an arbitration agreement in any version of these Terms. You and retrobobby do not need to arbitrate any dispute where either party seeks injunctive or equitable relief for unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. If there is a disagreement over the applicability of these arbitration provisions, the arbitrator has exclusive power to decide on his or her own jurisdiction.

Severability: This agreement to arbitrate remains valid regardless of any claim that the broader Terms are invalid. If any portion of this arbitration provision is held invalid, the remaining parts remain in effect (subject to Section 18.3).

Class Action Waiver: Whether a dispute goes to arbitration or court, you and retrobobby agree not to pursue class, collective, or representative actions, and each waives the right to participate in any such actions. Accepting these Terms means giving up rights to join any pending or future class or representative action.

Right to Opt Out: If you have not previously agreed to an arbitration clause in connection with our Services, you may opt out of this arbitration and class waiver by emailing [email protected] within thirty (30) days of entering this Agreement. If you do not opt out within this window, these arbitration and class waiver provisions will apply retroactively to all claims.

Location and Rules: Arbitration will occur in London, United Kingdom, administered by The London Court of International Arbitration (LCIA). You may appear by phone as needed.

Arbitrator’s Authority: Except for class procedures or remedies prohibited above, the arbitrator can award any remedy that would otherwise be available in court.

Confidentiality: Both parties shall keep the proceedings and any award confidential unless disclosure is needed for a court proceeding, enforcement, or is legally required.

Costs: Each party pays its own costs. If any part of this “Binding Arbitration and Class Waiver” section is found invalid by a court, the remaining parts shall continue in effect.

17. One Year Limitations Period

You and we agree that any claim or lawsuit arising out of these Terms or the Services must be filed within one (1) year of the event giving rise to the claim. After this period, such claims are permanently barred, notwithstanding any longer statutory limitation periods.

18. Miscellaneous

18.1. Entire Agreement

These Terms represent the entire agreement between you and us concerning the Services. They replace and supersede any prior or simultaneous communications, whether electronic, verbal, or written, regarding your participation.

18.2. Force Majeure

We are not responsible for any failure or delay in our obligations under these Terms caused by events beyond our reasonable control.

18.3. Severability

If any part of these Terms is found invalid or unenforceable by a court with jurisdiction, the remaining portions shall remain in full effect.

18.4. Assignment

These Terms are personal to you; you may not assign or transfer them. We may assign or transfer our rights and obligations to any third party without prior notice.

18.5. Business Transfers

In the event we undergo a change of control, merger, or sale of assets, your account and related data may be transferred as part of that transaction.

18.6. Waiver

If we fail to enforce any provision of these Terms or exercise any right, it does not waive our right to enforce that provision in the future.

18.7. Taxes

You are solely responsible for paying and reporting any taxes due as a result of your use of the Services.

19. Applicable Law and Jurisdiction

19.1. Governing Law

These Terms and any related Services are governed by and construed in accordance with the laws of Gibraltar, without regard to its conflict of law principles.

19.2. Jurisdiction

Subject to the arbitration provisions in Section 16, any dispute or claim related to these Terms or the Services shall be submitted exclusively to the courts in Gibraltar, and you hereby consent to their personal jurisdiction. However, motions to compel arbitration or enforce an arbitral award may be brought in any court of competent jurisdiction.

Thank you for reading our Terms of Service. We appreciate your compliance and hope you enjoy your time with retrobobby. If you have questions or concerns, please contact Customer Support at [email protected].