1. Introduction
These User Agreement and the documents referred to below (the "Agreement") apply to the use of the website operated by Lucky Gem ("Site").
You should carefully review these Agreement as it contain important information concerning your rights and obligations concerning the use of the Site and form a binding legal agreement between you - our customer (the "Customer") and us. By using this Site, you agree to be bound by these Agreement, together with any amendments, which may be published from time to time. If you do not accept these Agreement, you should refrain from accessing and using the Site.
The Site is operated by Lucky Gem (“Company”), a duly registered company in accordance with the laws of the Autonomous Island of Anjouan, Union of Comoros with registered company No. 15925.
2. General Agreement
We reserve the right to revise and amend the at any time. You should visit this page periodically to review the Agreement. Amendments will be binding and effective immediately upon publication on the Site. If you object to any such changes, you must immediately stop using the Site. Your continued use of the Site following such publication will indicate your agreement to be bound by the Agreement as amended.
3. Your Obligations
You acknowledge that at all times when using the Site:
3.1. You are over 18, or the legal age required to use our Site, including the age at which gambling, or gaming activities are allowed under the law or jurisdiction that applies to you.
3.2. You are of legal capacity and can enter into a binding legal agreement with us. You must not access or utilize the Site if you are not of legal capacity.
3.3. You are a resident in a jurisdiction that allows gambling. You are not a resident of any country in which access to online gambling to its residents or to any person within such country is prohibited. It is your sole responsibility to ensure that your use of the Site is legal.
3.4. You may not use a VPN, proxy or similar Sites or devices that mask or manipulate the identification of your real location.
3.5. You are not acting on behalf of another party or for any commercial purposes, but solely on your own behalf as a private individual in a personal capacity.
3.6. You must not either attempt to manipulate any market or element within the Site in bad faith nor in a manner that adversely affects the integrity of the Site or us.
3.7. You must generally act in good faith in relation to us of the Site at all times and for all activities made using the Site.
4. Restricted use
4.1. You must not use the Site:
4.1.1. If you are under the age of 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) or if you are not legally able to enter into a binding legal agreement with us or you acting as an agent for, or otherwise on behalf, of a person under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you).
4.1.2. If you reside in a country in which access to online gambling to its residents or to any person within such country is prohibited.
4.1.3. If you are a resident of one of the following countries, or accessing the Site from one of the following countries:
North Korea, Iran, Myanmar, Yemen, Zimbabwe, South Sudan, Afghanistan, Cuba, Iraq, Cote d'Ivoire/Ivory Coast, Liberia, Libya, Bulgaria, Malta, Sudan, Syria, USA, UK, US Overseas Territories (American Samoa, Guam, Northern Mariana Islands, Puerto Rico, U.S Virgin Islands), Aruba, Curacao, French Polynesia, Lithuania, New Caledonia, Sint Maarten, St. Barthélemy, St. Martin, St. Pierre & Miquelon, U.S. Outlying Islands, Wallis & Futuna, French Guiana, Guadeloupe, Martinique, Cyprus.
4.1.4. To disrupt or unduly affect or influence the activities of other customers or the operation of the Site generally.
4.1.5. To scrape our odds or violate any of our Intellectual Property Rights; or
4.1.6. for any unlawful activity whatsoever.
5. Disclaimer of warranty and limit of liability.
5.1. We make no representation, warranty, and/or guarantee of the suitability of the Site for your purposes, or that the use of the same will be secure, uninterrupted, error-free, free of viruses or other harmful components, or function properly in combination with any third-party technology, hardware, software, systems or data.
The Site is provided "as is" and all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, title, fitness for a particular purpose, or non-infringement are hereby disclaimed to the maximum extent permitted by applicable law. Further, we make no representations or warranties of any kind, express or implied, as to the operation of the same, or to the information, content, communications, materials, or products and Site contained therein. Your use of the Site is at your sole risk.
5.2. We will not be liable for any damages of any kind arising from your use of the Sites, including, without limitation, direct, indirect, incidental, punitive and consequential damages. Certain regional laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
You further acknowledge that we are not liable, and you agree not to hold us responsible, for the conduct of third-parties, including other users of the Site and other third-party sites, and that the risk of using or accessing the Site, and of injury from the foregoing, rests entirely with you.
6. Intellectual Property
6.1. Any unauthorised use of our name and logo may result in legal action being taken against you.
6.2. As between us and you, we are the sole owners of the rights in and to the Site, our technology, software and business systems (the "Systems").
6.3. You may not use our URL, trademarks, trade names and/or trade dress, logos ("Marks") in connection with any product or Site that is not ours, that in any manner is likely to cause confusion among сustomers or in the public or that in any manner disparages us.
6.4. Except as expressly provided in these Agreement, we and our licensors do not grant you any express or implied rights, license, title or interest in or to the Systems or the Marks and all such rights, license, title and interest specifically retained by us and our licensors. You agree not to use any automatic or manual device to monitor or copy web pages or content within the Site. Any unauthorized use or reproduction may result in legal action being taken against you.
7. Your License
7.1. Subject to these Agreement and your compliance with them, we grant to you a non-exclusive, limited, non transferable and non sub-licensable license to access and use the Site for your personal non-commercial purposes only. Our license to you terminates if our agreement with you under these Agreement ends.
7.2. Save in respect of your own content, you may not under any circumstances modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any other manner exploit, the Site and/or any of the content thereon or the software contained therein, except as we expressly permit in these Agreement or otherwise in the Site. No information or content in the Site or made available to you in connection with the Site may be modified or altered, merged with other data or published in any form including for example screen or database scraping and any other activity intended to collect, store, reorganise or manipulate such information or content.
7.3. Any non-compliance by you with this Clause may also be a violation of our or third parties' intellectual property and other proprietary rights which may subject you to civil liability and/or criminal prosecution.
8. Your Conduct and Safety
8.1. For your protection and protection of all our Customers, the posting of any content on the Site, as well as conduct in connection therewith and/or the Site, which is in any way unlawful, inappropriate or undesirable is strictly prohibited (“Prohibited Behaviour”).
8.2. Prohibited Behaviour includes, but is not limited to, accessing or using the Site to:
promote or share information that you know is false, misleading or unlawful;
conduct any unlawful or illegal activity, such as, but not limited to, any activity that furthers or promotes any criminal activity or enterprise, violates another Customer's or any other third party’s privacy or other rights or that creates or spreads computer viruses;
harm minors in any way;
transmit or make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, violent, hateful, or racially or ethnically or otherwise objectionable;
transmit or make available any content that the user does not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes a third party’s copyright, trademark or other intellectual property and proprietary rights;
transmit or make available any content or material that contains any software virus or other computer or programming code (including HTML) designed to interrupt, destroy or alter the functionality of the Site, its presentation or any other website, computer software or hardware;
interfere with, disrupt or reverse engineer the Site in any manner, including, without limitation, intercepting, emulating or redirecting the communication protocols used by us, creating or using cheats, mods or hacks or any other software designed to modify the Site, or using any software that intercepts or collects information from or through the Site;
retrieve or index any information from the Site using any robot, spider or other automated mechanism;
participate in any activity or action that, in the sole and entire unfettered discretion of us results or may result in another Customer being defrauded or scammed;
transmit or make available any unsolicited or unauthorised advertising or mass mailing such as, but not limited to, junk mail, instant messaging, "spim", "spam", chain letters, pyramid schemes or other forms of solicitations;
or any other act or thing done that we reasonably consider to be contrary to our business principles.
The above list of Prohibited Behaviour is not exhaustive and may be modified by us at any time or from time to time. We reserve the right to investigate and to take all such actions as we in our sole discretion deem appropriate or necessary under the circumstances.
9. Links to Other websites
The Site may contain links to third party websites. Links to such websites are provided solely as a convenience to Customers, and are in no way investigated, monitored or checked for accuracy or completeness by us. Links to such websites do not imply any endorsement by us of, and/or any affiliation with, the linked websites or their content or their owner(s). We have no control over or responsibility for the availability nor their accuracy, completeness, accessibility and usefulness. Accordingly when accessing such websites we recommend that you should take the usual precautions when visiting a new website including reviewing their privacy policy and terms of use.
10. Complaints
10.1. If you have any concerns or questions regarding these Agreement you should contact us by e-mail luckygem.help@gmail.com.
10.2. Notwithstanding the foregoing, we take no liability whatsoever to you or to any third party when responding to any complaint that we received or took action in connection therewith.
11. Assignment
Neither these Agreement nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of us, which consent will not be unreasonably withheld. We may, without your consent, assign all or any portion of our rights and obligations hereunder to any third party provided such third party is able to provide a Site of substantially similar quality to the Site.
12. Severability
In the event that any provision of these Agreement is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Agreement shall not be affected.
13. General Provisions
13.1. Term of agreement. These Agreement shall remain in full force and effect while you use the Site.
13.2. Gender. Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organizations and corporations.
13.3. Waiver. No waiver by us, whether by conduct or otherwise, of a breach or threatened breach by you of any term or condition of these Agreement shall be effective against, or binding upon, us unless made in writing and duly signed by us, and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. The failure of us to enforce at any time any term or condition of these Agreement shall not be construed to be a waiver of such provision or of the right of us to enforce such provision at any other time.
13.4. Acknowledgement. By hereafter accessing or using the Site, you acknowledge having read, understood and agreed to each and every paragraph of these Agreement. As a result, you hereby irrevocably waive any future argument, claim, demand or proceeding to the contrary of anything contained in these Agreement.
13.5. Language. In the event of there being a discrepancy between the English language version of these rules and any other language version, the English language version will be deemed to be correct.
13.6. Entire agreement. These Agreement constitute the entire agreement between you and us with respect to your access to and use of the Site, and supersedes all other prior agreements and communications, whether oral or written with respect to the subject matter hereof.