TERMS OF USE
DATE: February 14, 2025
VERSION: 20.0
INTRODUCTORY INFORMATION:
WE HAVE UPDATED OUR TERMS OF USE AS OF FEBRUARY 14, 2025. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, USING OR BROWSING HIGH 5 CASINO OR ANY OF THE CONTENT OR SERVICES ON THE PLATFORM (AS HEREINAFTER DEFINED).
THESE TERMS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND HIGH 5 ENTERTAINMENT, LLC (FORMERLY KNOWN AS HIGH 5 CASINO, LLC) (“H5E”) AND GOVERN YOUR USE OF H5E’s GAMES AND/OR PLATFORM IN ANY WAY. FOR THE AVOIDANCE OF DOUBT, WHILE SOME GAMES MAY BEAR RESEMBLANCE TO SLOT MACHINES IN REAL-WORLD CASINOS, THE GAMES IN NO WAY OFFER REAL MONEY GAMBLING OPPORTUNITIES. NO REAL MONEY IS REQUIRED TO PLAY ANY GAMES ON THE PLATFORM AND THE SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. NO PURCHASE IS NECESSARY TO PLAY ANY GAMES AT HIGH 5 CASINO.
FURTHERMORE, THESE TERMS OF USE EXPRESSLY INCORPORATE AND ARE INSEPARABLY LINKED TO H5E’S PRIVACY POLICY, SWEEPSTAKES RULES, LEGAL NOTICES AND RESPONSIBLE SOCIAL GAMEPLAY POLICY.
HIGH 5 CASINO IS ONLY AVAILABLE TO PARTICIPANTS IN THE UNITED STATES, EXCLUDING THOSE IN THE STATES OF KENTUCKY, LOUISIANA, MICHIGAN, MONTANA AND WASHINGTON (THE “EXCLUDED CLASSIC TERRITORIES), AND CANADA. HIGH 5 CASINO SWEEPS PLAY IS ONLY AVAILABLE TO PARTICIPANTS IN THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA BUT EXCLUDING THOSE IN THE STATES OF CONNECTICUT, DELAWARE, IDAHO, KENTUCKY, LOUISIANA, MICHIGAN, MONTANA, NEVADA, NEW JERSEY, PENNSYLVANIA, RHODE ISLAND, WASHINGTON AND WEST VIRGINIA (THE “EXCLUDED SWEEPS TERRITORIES”). AS OF FEBRUARY 3, 2025, HIGH 5 CASINO SWEEPS PLAY IS EXCLUDED IN CANADA (CANADA, TOGETHER WITH THE EXCLUDED CLASSIC TERRITORIES AND THE EXCLUDED SWEEPS TERRITORIES, SHALL BE REFERRED TO AS THE “EXCLUDED TERRITORIES”). SEE SECTION 2 OF THE SWEEPSTAKES RULES TO CHECK YOUR ELIGIBILITY.
IMPORTANT INFORMATION ABOUT BINDING AND FINAL ARBITRATION
THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT,” WHICH SAYS THAT YOU AND H5E AGREE TO RESOLVE DISPUTES SOLELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT CLASS-WIDE OR CONSOLIDATED BASIS. AMONG OTHER THINGS, THIS MEANS YOU WAIVE THE RIGHT TO RESOLVE DISPUTES IN COURT OR BEFORE A JURY. THESE TERMS OF USE ALSO CONTAIN A LIMITATION ON THE TIME PERIOD YOU HAVE TO BRING A CLAIM AGAINST H5E AFTER THE RELEVANT EVENTS HAVE OCCURRED.
YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. SEE THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT” BELOW FOR INSTRUCTIONS ON HOW TO OPT OUT.
FOR PLAYERS IN THE STATE OF WASHINGTON:
THERE IS A PENDING LAWSUIT IN FEDERAL COURT IN THE STATE OF WASHINGTON RELATING TO H5E. THIS LAWSUIT SEEKS TO RECOVER MONEY ALLEGEDLY LOST WHILE PLAYING H5E GAMES AND/OR USING ITS CONTENT. H5E DENIES THE CLAIMS AND BELIEVES THEY HAVE NO MERIT. THE COURT HAS ALLOWED THE LAWSUIT TO PROCEED AS A CLASS-ACTION AND HAS GRANTED SUMMARY JUDGMENT FOR PLAINTIFFS AS TO LIABILITY. THE CLASS-REPRESENTATIVE AND INDIVIDUALLY NAMED PLAINTIFF IN THIS LAWSUIT IS REPRESENTED BY ATTORNEYS AT THE LAW FIRM OF EDELSON PC, WHO MAY BE CONTACTED AT (312) 589-6370. IF YOU ACCEPT THESE TERMS OF USE AND DO NOT OPT OUT OF THE DISPUTE RESOLUTION BY BINDING ARBITRATION PROVISION, YOU CANNOT PARTICIPATE IN THIS LAWSUIT. SEE LARSEN V. PTT, LLC CASE NO. 3:18-CV-05275-RBL, FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON FOR ADDITIONAL DETAILS.
ALL HIGH 5 CASINO COINS AND IN-GAME PURCHASES MADE FROM WITHIN THE STATE OF WASHINGTON WILL BE VOIDED AND REFUNDED MINUS AN ADMINISTRATION FEE OF 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER AND ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING THE AFOREMENTIONED REVERSAL.
H5E hosts an interactive and social platform regarding its gaming resource in the social gaming industries through its engaging interactive application/website “High 5 Casino” (club5.high5casino.com), Apps (High 5 Casino, High 5 Vegas, Electri5 Casino, GoldenGoddess Casino, DaVinciDiamonds Casino, GoldenKnight Casino, Shake the Sky Casino, Cats Casino and Hoot Loot Casino), Facebook Page (www.facebook.com/High5Casino/ or www.facebook.com/High5Vegas) (Please note, if accessing from Facebook.com you are also bound by the terms and conditions and privacy policy of Facebook.com) and third-party providers. For convenience, the term “H5C,” shall include H5E and its executives, directors, employees, contractors and affiliates. The following governs your access and use of H5C, including both the H5C Classic Platform and the H5C Sweeps Platform (collectively, the “Platform”), all information, games, accounts, multimedia, comments and other information and/or any other content (collectively, “Content”) available on or through H5C, as engaged by you or other Players.
BY ELECTRONICALLY ACCESSING H5C, CREATING A PLAYER ACCOUNT ON H5C AND/OR ENGAGING IN ANY OF THE INFORMATIONAL OR INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH H5C, YOU AGREE THAT:
a. YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF USE AND LEGAL NOTICES CONTAINED HEREIN; AND
b. YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE, SWEEPSTAKES RULES, PRIVACY POLICY, RESPONSIBLE SOCIAL GAMEPLAY POLICY AND LEGAL NOTICES; AND
c. YOU ARE AT LEAST 21 YEARS OLD AT TIME OF ACCESS OR REGISTRATION.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION, THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE H5C OR ANY OF THE CONTENT. MOREOVER, H5C DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE H5C OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION, THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.
H5C reserves the right, in its sole discretion, to revise or modify these Terms of Use at any time. Players are responsible for reviewing H5C’s Terms of Use periodically. Your ability to continue to access H5C or any informational or interactive media services by or through H5C after a change or modification of the Terms of Use will constitute your acceptance of the revised Terms of Use. The date of the most recent Terms of Use will be posted at the top of this document.
PLEASE NOTE THAT H5C AND THE CONTENT IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. H5C AND THE CONTENT IS NOT A LOTTERY OR GAMBLING ACTIVITY AND YOU ACKNOWLEDGE THAT H5C DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE UNLESS IT IS RELATED TO HIGH 5 CASINO SWEEPS PLAY.
YOU HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
1. GENERAL PERMISSIONS AND RESTRICTIONS: H5C hereby grants you permission to access and use H5C as set forth herein, provided that:
a. You agree not to alter or modify any part of H5C except as provided for herein.
b. You agree not to access Content through any technology or means other than the authorized webpages and/or applications designated by H5C unless H5C has authorized you, in writing, to access the Content through other means.
c. You agree not to use H5C for any commercial purpose without the prior written authorization of H5C. Prohibited commercial uses include any of the following actions taken without H5C’s express approval: (i) sale of access to H5C or its related services on another website; (ii) use of H5C or its related services for the primary purpose of gaining advertising or subscription revenue; (iii) the sale of advertising on the H5C website or any third-party website targeted to the content of specific ContentContent; and (iv) any use of H5C or its related services that H5C finds, in its sole discretion, to use the Content with the effect of competing with or displacing the market for H5C or Content.
d. Prohibited commercial uses do not include any use that H5C expressly authorizes in writing.
e. Where expressly authorized by H5C, if you use any Content on another website, you must include a prominent text link back to H5C on the pages where the Content is utilized. In such an instance, you may not modify, build uponor block any portion of the utilized Content.
f. You agree not to use or launch any automated system including, without limitation, “robots,” “spiders,” or “offline readers,” that accesses H5C in any manner. Notwithstanding the foregoing, H5C grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials but not caches or archives of such materials. H5C reserves the right to revoke these exceptions either generally or in specific cases.
g. You agree not to collect or harvest any personally identifiable information, including H5C Player Account names, from H5C, or use the communication systems provided by H5C (e.g. comments, messaging, etc.) for any commercial solicitation purposes.
h. You agree that you will participate in H5C games strictly in your personal capacity for recreational and entertainment purposes only and on your own behalf only and not on behalf of any other person.
i. You will otherwise comply with the terms and conditions set forth herein and all applicable local, national and international laws and regulations.
j. H5C reserves the right to discontinue any aspect of H5C at any time.
2. LICENSE:
a. You agree by accessing, browsing or otherwise using H5C, H5C and the Content are and remain the sole property of H5C or third-party providers, as applicable. Except as expressly permitted by H5C in writing, you agree that your license to access, browse and/or use H5C and the Content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view H5C and the Content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by H5C) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted to upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
b. Unless otherwise provided in writing by H5C, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, use in a manner prohibited by applicable laws or regulations, decompile or disassemble any aspect of H5C or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic.
c. It is a Player’s responsibility to ensure that their participation is lawful in their jurisdiction. Any Player who is knowingly in breach of sections 1, 2 and/or 3 of these Terms, including any attempt to circumvent this restriction, for example, by using a VPN, proxy or similar service that masks or manipulates the identification of your real location, or by otherwise providing false or misleading information regarding your location or place of residence, or by participating from an Excluded Territory or through a third-party or on behalf of a third-party located in an Excluded Territory, is in breach of these terms and conditions. By breaching these terms and conditions, you may be committing fraud and may be subject to criminal prosecution.
3, ADDITIONAL PLAYER RESTRICTIONS: In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on H5C.
a. The Content on H5C, including without limitation, the games, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to H5C or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on H5C is provided to you “as is” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensedor otherwise exploited for any other purposes whatsoever, unless provided for herein. H5C reserves all rights not expressly granted in and to H5C and the Content.
b. To the extent Player comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of H5C. Player comments are made available “as is” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloadedor otherwise exploited in any manner not intended by the normal functionality of H5C or otherwise as prohibited herein.
c You may access Content and other content only as permitted herein. H5C reserves all rights not expressly granted in and to the Content and the H5C website and application.
d. You agree not to engage in the use, copying or distribution of any of the Content other than as expressly permitted herein including any use, copying, or distribution of materials of third-parties obtained through H5C for any commercial purposes.
e. You agree not to circumvent, disable or otherwise interfere with security-related features of H5C or features that prevent or restrict use or copying of any Content or enforce limitations on use of H5C or the Content therein.
f. You understand that when using H5C, you may be exposed to content from a variety of sources and that H5C is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such third-party content.
g. You further understand and acknowledge that you may be exposed to third-party content that is inaccurate, offensive, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against H5C with respect thereto and agree to indemnify and hold H5C, its Owners/Operators, officers, directors, employees, agents, affiliates and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
4. APPLE DISCLAIMERS: Players acknowledge and agree that this Agreement is solely between you and H5C and not with Apple, Inc. (“Apple”). Players further acknowledge and agree that:
a. Apple and its subsidiaries are third-party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
b. Apple has no responsibility for the iOS H5C app or any included content.
c. In the event of any failure of the iOS H5C app to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price for the iOS H5C app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS H5C app and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
d. Apple is not responsible for addressing any of your claims or those of any third party relating to the iOS H5C app or your possession and/or use of the iOS H5C app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS H5C app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
e. In the event of any third-party claim that the iOS H5C app or your possession and use of the iOS H5C app infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
5. GOOGLE DISCLAIMERS: Players acknowledge and agree that this Agreement is solely between you and H5C and not with Google, Inc. (“Google”). Players further acknowledge and agree that:
a. Google and its subsidiaries are third-party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
b. Google has no responsibility for the H5C app or any included content.
c. In the event of any failure of the Android H5C app to conform to any applicable warranty, you may notify Google and Google will refund the purchase price for the Android H5C app to you (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android H5C app and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
d. Google is not responsible for addressing any of your claims or those of any third-party relating to the Android H5C app or your possession and/or use of the Android H5C app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the H5C app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
e. In the event of any third-party claim that the Android H5C app or your possession and use of the Android H5C app infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
f. Your use of the Android H5C app must comply with Google’s then-current Android Market Terms of Service.
6. THIRD-PARTY WEBSITES, LINKS AND GAMES:
a. H5C may contain links to websites that are not owned or controlled by H5C (“Third-Party Websites”). H5C has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, H5C will not and cannot censor or edit the content of any Third-Party Website. By using H5C, you expressly relieve H5C from any and all liability arising from your use of any Third-Party Website.
b. You additionally acknowledge that some of the Third-Party Websites accessible through H5C may be fraudulent in nature in an effort to reveal personal information such as passwords, account information and credit card information. These fraudulent sites may offer the chance to win or purchaseVirtual Currency (as defined in Section 19 herein) at lower prices. You agree that H5C will not be liable for any actions you take at the request of these Third-Party Websites. H5C IS THE ONLY ENTITY AUTHORIZED TO OFFER VIRTUAL CURRENCY. NO OTHER THIRD-PARTY ENTITY IS AUTHORIZED TO DO SO. Any such offer shall be deemed fraudulent and will be disregarded.
c. All Third-Party Websites may be bound by their own terms and conditions.
d. Games displaying the “Pragmatic Play” logo (a “Pragmatic Play Game”) are solely and exclusively owned by Pragmatic Play, including all intellectual property rights in or to the online software relating to such Pragmatic Play Game.
e. Games displaying the “Slingo” logo (a “Slingo Game”) are solely and exclusively owned by Gaming Realms PLC, including all intellectual property rights in or to the online software relating to such Slingo Game.
f. Games displaying the “Relax Gaming” logo (a “Relax Game”) are solely and exclusively owned by Relax Gaming LTD, including all intellectual property rights in or to the online software relating to such Relax Game.
g. Games displaying the “Vivo Gaming” logo (a “Vivo Game”) are solely and exclusively owned by Vivo Gaming, including all intellectual property rights in or to the online software relating to such Vivo Game.
h. Games displaying the “Lightning Box Games” logo (a “Lightning Box Game”) are solely and exclusively owned by Lightning Box Games, including all intellectual property rights in or to the online software relating to such Lightning Box Game.
i. Games displaying the “IGT” logo (an “IGT Game”) are solely and exclusively owned by IGT, including all intellectual property rights in or to the online software relating to such IGT Game.
j. You will not have any recourse against Pragmatic Play, Gaming Realms PLC, Relax Gaming LTD, Vivo Gaming, Lightning Box Games IGT or any member of their respective company groups in relation to any of their respective games and any recourse you may have in connection with the software connected to any of their respective games is limited to H5E.
7. H5C PLAYER ACCOUNT:
a. In order to access some features of H5C, you may have to create a H5C Player Account either directly or through one of H5C’s strategic business partners (e.g. Facebook, Inc.). You agree never to use another’s Player Account without permission. When creating your Player Account, you must provide accurate and complete information. If you wish to update your address, email, phone number or other contact information, you may contact H5C Customer Support at the email below. The name you provide when registering your Player Account must match that on your government-issued identification. If you provide any information that is untrue, inaccurate, not current or incomplete, or H5C has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, H5C reserves the right to suspend or terminate your Player Account immediately and refuse any and all current or future use of the H5C service (or any portion thereof) and declare any prizes or Virtual Currency won invalid.
b. If your Player Account is created via your Facebook account, you are allowing H5C to access your Facebook account information. If you access H5C from Facebook, you shall comply with the terms of service of Facebook as well as these terms and conditions.
c. You are solely responsible for the activity that occurs on your Player Account and you must keep your password secure. You must notify H5C immediately of any breach of security or unauthorized use of your Player Account. Although H5C is not liable for any losses caused by any unauthorized use of your Player Account, you shall be liable for any losses of H5C or others due to such unauthorized use. If you become aware of or reasonably suspect that security in your Player Account has been compromised, including loss, theft or unauthorized disclosure of your password and Player Account details, you must notify H5C immediately.
d. Any information collected by H5C will be held subject to H5C’s Privacy Policy).
e. SINGLE ACCOUNT: You are allowed to register one Player Account, including any inactive accounts you may have, on the Platform. Should you attempt to open more than one Player Account, all open Player Accounts in your name will be immediately suspended or closed. This includes the use of representatives, relatives, associates, affiliates, related parties, connected persons and/or third parties operating on your behalf. You must notify H5C if you believe you have more than one Player Account whether they are all active or not.
f. Suspected fraud and/or abuse will result in your Player Account being closed and your winnings will be removed solely at the discretion of H5C. H5C reserves the right to cancel any bonuses and may remove any winnings or Virtual Currency from your Player Account if there is suspicion of fraud or abuse. Fraud or abuse includes, but is not limited to: (i) delaying game rounds in any game, including free spins and bonus features, to a later time when you have no playing requirements; (ii) leaving large sums of Virtual Currency on the table and returning to the game after bonus play has been completed; (iii) playing games with bonus Virtual Currency to build up in-game value, lose the bonus Virtual Currency and then redeem on the built-up value if in Sweeps Play; and (iv) using strategies that take advantage of any software bug or failure.
8. PLAYER IDS AND PASSWORDS:
a. Access to certain areas of H5C or the Content are limited by a Player identifier (“Player ID”) and password, which is selected and/or supplied as part of the process of registering for a Player Account with H5C. By registering, you represent, warrant and covenant that you: (i) are of lawful age in your jurisdiction to access Content, but in no case under 21 years of age; (ii) are using your actual identity; (iii) have provided only true, accurate, current and complete information about yourself during the registration process; and (iv) will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
b. Player ID’s on ;H5C may not include: (i) references to breaking the law, including terrorism and child exploitation; (ii) violence and/or threats; (iii) hateful conduct; (iv) harassment and sexual harassment; (v) unauthorized sharing of private information; (vi) impersonation; (vii) glorification of natural or violent tragedies; (viii) self-destructive behavior; (ix) references to recreational drugs, hard drugs and drug abuse, with exceptions for alcohol, tobacco and marijuana; (x) references to gaming addiction and gambling addition; or (xi) references to sexual acts, genitalia or sexual fluids. Indefinite suspensions will be issued, at our sole discretion, for Player ID’s that violate these terms.
c. By logging onto H5C using any Player ID and password, you represent, warrant and covenant that you are authorized to use such Player ID and password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your Player ID and password. You also agree that you will be solely responsible for any activities conducted on or through H5C that occur through your Player Account or with your Player ID. Your Player ID and password are unique to you, and you agree not to disclose or share your Player ID and password with any other person or third-party.
d. You agree that you are entirely responsible for any and all activities which occur on your Player Account or with your Player ID whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your Player Account should you fail to sufficiently disconnect and/or log off H5C and/or a public computer system. Accordingly, you absolve and release H5C from any claim of harm resulting from a third-party undertaking the activities.
e. H5C reserves the right to deny or revoke your access to your Player Account, or any part thereof, at any time in our sole discretion, with or without cause. If your Player Account is closed pursuant to Section 25 of these Terms of Use, the consequences set out in Section 25 shall apply. If your Player Account is closed for other reasons, reasonable efforts will be made to enable you to redeem any prizes in your Player Account, but any license to continued use, enjoyment or benefit of or from the Virtual Currency will be terminated. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password please notify H5C immediately.
f. You may not transfer Virtual Currency between Player Accounts or from your Player Account to another Player Account. Further, you may not receive Virtual Currency from other Player Accounts into your Player Account. You may not offer any Virtual Currency to any other party. Any attempt to circumvent these prohibitions may be grounds for termination of your Player Account, without prejudice to any other rights or remedies available to H5C.
g. H5C reserves the right to close, deactivate or terminate your Player Account if it deems, in its sole discretion, the Player Account to be dormant. A Player Account will be deemed dormant if there has been no login activity to the Player Account for a period of 60 consecutive days. H5C Customer Support will notify a Player as it nears the end of the 60 day period of no login activity. If an account becomes dormant, H5C will remit the balance of the redeemed value of prizes in your Player Account to you as may be required under applicable law.
h. In the event you wish to close your Player Account or cancel a password, you may do so at any time by contacting H5C Customer Support at the email below and submitting a request to do so. By closing your Player Account, you agree to forfeit all continued access to and right to use, enjoy or benefit from any Virtual Currency or potential unredeemed prizes associated with your Player Account. A closed Player Account may be reactivated by contacting H5C Customer Support at the email below and requesting re-activation of your Player Account. H5C will evaluate all such requests and re-activate Player Accounts in its sole discretion.
9.SITE MONITORING
a. H5C may monitor or review any areas on H5C where Players upload Content, transmit or post Content or communicate with each other. However, H5C does not undertake to monitor or review every posting or communication and H5C disclaims any liability related to the content of any such postings and communications whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, offensive speech or otherwise. Any instances of posts or communications which violate these terms and conditions are subject to indefinite suspension at H5C’s sole discretion.
b. While H5C may monitor the content of the communications from time to time, H5C does not endorse, support, sanction, encourage, verify or necessarily agree with the comments, opinions or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not represent the views of H5C. H5C, in its sole discretion, reserves all rights to discontinue this service generally or to any Player at any time.
c. H5C may disclose any records, electronic communications, information, materials or other content of any kind if (i) H5C believes in good faith that the law or legal process requires it, (ii) such disclosure is necessary or appropriate to operate H5C or (iii) to protect H5C’s rights or property or the rights or property of its Players and business partners.
10. PUBLICITY, PLAYER SUBMISSIONS AND MARKETING COMMUNICATIONS:
a. Except where prohibited by law, a Player accessing and engaging H5C constitutes that Player's consent to H5C's and its agent's use of the Player’s name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payments, notice or consideration.
b. All submissions to H5C or posts to any of H5C’s social media pages constitutes that Player’s consent to give H5C a royalty-free, irrevocable, perpetual, non-exclusive license to use such submission or post on a worldwide basis, and to incorporate it into other works, in any form, media or technology not known or later developed, including for promotional or marketing purposes. If requested, a Player will sign any documentation that may be required for H5C or its designees to make use of the non-exclusive rights Player is granting to use the submission or post.
c. All Players consent to receive marketing communications from H5C in respect of its offerings by way of email, post, SMS and telephone notifications. Players may unsubscribe from receiving any such communications at any time by contacting H5C Customer Support.
11. LIVE CHAT SERVICES:
a. We may provide you with a Live Chat service to talk to H5C Customer Support representatives or other Players. This may include use of H5C’s Facebook® wall. It is your responsibility to use these services only for their intended purposes. You are not permitted to use H5C’s Live Chat services for illegal purposes.
b. Be careful what you post on any Live Chat service. We review and moderate chats and keep a log and record of statements. Your use of the Live Chat service should be for recreational and social purposes only.
c. Spamming on Live Chat is prohibited. You are prohibited from intimidating, harassing or abusing other Players or H5C employees and representatives.
d. You will not use any Live Chat service to engage in any form of harassment or offensive behavior, including but not limited to, threatening, derogatory, abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or offensive language.
e. You will not use any Live Chat service to infringe on the privacy rights, property rights or any other rights of any person
f. You will not submit any kind of material or information on any Live Chat service that is fraudulent or otherwise unlawful or violates any law.
g. You will not use any Live Chat service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services of other forums.
h. You will not use any Live Chat service to distribute, promote or otherwise publish any kind of malicious code or do anything else that might cause harm to the Platform or to other Player’s systems in any way.
i. We reserve the right to monitor anything and everything submitted by you to any Live Chat service to ensure that it conforms to content guidelines that are monitored by us and subject to change from time to time.
j. If you breach any of the provisions relating to a Live Chat service, H5C may ban you from using that Live Chat service or all Live Chat services and/or suspend or close your Player Account. If H5C closes your Player Account, H5C reserves the right to cancel or refuse to redeem any prizes.
k. H5C reserves the right to remove any Live Chat service from the Platform at any time and in its sole discretion.
l. You agree to indemnify H5C against any damages arising out of your illegal, unlawful or inappropriate conduct or arising out of violation of the provisions in Section 19 of these Terms of Use or any other rules on the Platform applying to the Live Chat service.
m. You will not collude in any way through the Live Chat service. Players are encouraged to report any suspicious behavior to H5C Customer Support.
12. PATENTS PENDING:
a. H5C’s methodologies, technological improvements and overall business methods (collectively “Patentable Subject Matter”) are the subject of pending patent application(s) in the United States and worldwide.
13. COPYRIGHTS:
**a.**H5C and the Content are subject to copyrights owned by H5C and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use of H5C and/or the Content is strictly prohibited, except as otherwise provided herein or in writing by H5C. Requests for permission to reproduce any of the Content should be addressed by writing to High 5 Entertainment LLC,2801 Centerville Road, Wilmington, Delaware 19808.
14. TRADEMARKS:
a. All trademarks, service marks, titles, domain names, logos and company names (collectively “Trademarks”) referred to on H5C are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of H5C or its affiliates or licensors. In countries where any of the H5C trademarks, service marks, domain names, logos and company names are not registered, H5C claims other rights associated with unregistered trademarks, service marks, domain names, logos and company names. Other product or company names referred to on H5C may be trademarks of their respective owners.
b. H5C does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademarks. With respect to the other Trademarks owned by H5C, you may contact H5C by sending a letter to High 5 Entertainment LLC, 2801 Centerville Road, Wilmington, Delaware 19808 to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to H5C.
15. OTHER INTELLECTUAL PROPERTY RIGHTS:
a. All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of H5C and the Content, and all intellectual property rights embodied therein, are the property of H5C or its licensors, suppliers or affiliates.
b. Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that: (i) the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to, H5C and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein; (ii) you shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use; (iii) you shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with H5C; (iv) you shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom; (v) you shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations, (vi) misappropriation or misuse of the Content, databases and any other information contained therein will cause serious irreparable damage to H5C and that in such event money damages may not constitute sufficient compensation to H5C; and (vii) in the event of any misappropriation or misuse, H5C shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which H5C may be entitled.
c. You acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
a. H5C may, in appropriate circumstances and in its sole discretion, disable and/or terminate the accounts of Players who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide H5C’s Copyright Agent a written notice containing the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Service (e.g., web page link); (iv) your address, telephone number and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
b. H5C’s Copyright Agent can be reached in the following ways:
(1) Mail: Copyright Agent/Legal, High 5 Entertainment LLC, 2801 Centerville Road, Wilmington, Delaware 19808.
(2) Email: Legal@high5casino.com subject line: COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTICE.
17. NOTICE OF ENFORCEMENT:
a. H5C vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, H5C may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law and/or other state, federal and international laws and regulations, including laws pertaining to contracts and privacy and publicity.
18. GAMES:
a. All games available to play on the Platform possess their own rules and odds of winning. The individual rules and odds for each game will be available to Players in the win tables once the game has been launched. It is the Player’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing each game.
b. H5C reserves the right to declare any one play, spin or other form of participation in a game void, either partially or in full, if there is an error, mistake, misprint or technical error on the win table, win table, minimum or maximum plays, odds or software.
c. In the event of a difference or discrepancy between the result showing on a Player’s screen and the result showing on the H5C software server, the result showing on the H5C software server shall be the governing result.
d. Live Dealer Games:
i. H5C offers Players the chance to play various casino games in a live dealer setting (“Live Dealer Games”) using GC and/or SC. In Live Dealer Games, Players will be playing against the house with other Players at the same time. Live Dealer Games may include Roulette, Baccarat, Blackjack, Dragon Tiger, Casino Hold’em, Andar Bahar, Limitless Blackjack and Teen Patti. H5C reserved the right to add or remove Live Dealer Games at any time and in its sole discretion. Live Dealer Game rules and odds will be available in the win tables once the game has been launched. It is the Player’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing each Live Dealer Game.
ii. Please note that H5C cannot control the actions of Players in Live Dealer Games who may be for example undertaking fraudulent activities such as colluding with other Players or third-parties or using unfair external factors or influences.
iii. If you suspect another Player or third-party is colluding, cheating or undertaking a fraudulent activity, please notify H5C as soon as possible and provide as much information as possible. Such information should include game round ID, screenshots, video or any other identifying information such as action taken by the player, seat position or any other information related to the fraudulent claim.
iv. H5C will take reasonable steps to prevent such unacceptable behavior, however, H5C will not be liable for any loss or damage which you may incur as a result of such collusion, fraud, cheating or otherwise illegal activity. Players may leave a Live Dealer Game at any time at their own discretion. Should a Player elect to leave a Live Dealer Game after playing their hand and after the play time locks, the results of the round will still be reflected in the Player’s Virtual Currency Wallets (as hereinafter defined).
v. Please note that in the case of Live Dealer Games, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the Live Dealer Game, including for example (but without limitation), through delayed coverage, a slow internet connection or equipment or other system flaws, faults, errors or service interruption. H5C shall not be liable for any delay in relaying up-to-date information related to the Live Dealer Game.
vi. Interactions with Live Dealer: Players will be able to interact and directly communicate with the dealer while playing a Live Dealer Game. It is the Player’s responsibility to act in an appropriate, friendly and professional manner. Players may not belittle, attack, threaten, harass, insult or otherwise argue with the dealer or other Players. Any Player found to have violated this term or be reported to H5C by the Live Dealer Game operator may be subject to account suspension, termination or a permanent ban from H5C.
19. VIRTUAL CURRENCY:
a. H5C may permit a virtual currency to be used for accessing and playing its Content and/or games (“Virtual Currency”). Four types of Virtual Currency will be available to Players to play games with on the Platform: (i) High 5 Casino Coins (“HC”), (ii) Game Coins (“GC”), (iii) Sweeps Coins (“SC”) and (iv) Diamonds.
b. HC are used to play games in Standard Social Gameplay on the H5C Classic Platform. HC have no real money value, are not redeemable for any government-issued currency and are only intended to enhance gameplay for Players playing games in Standard Social Gameplay on the H5C Classic Platform. HC may be obtained for free in various ways such as a daily bonus, a free allotment every four hours, a daily wheel spin, by winning spins in Standard Social Gameplay or other methods H5C may from time to time establish. HC may also be purchased from H5C for valid government-issued currency. By purchasing HC, you agree that (i) such acquisition is valid and legal in your jurisdiction and (ii) once purchased, HC are not redeemable for any government-issued currency and should be treated as a “good” purchased “as-is” with no returnable or redeemable value except within the Content provided by H5C or as otherwise expressly indicated by H5C.
c. GC are identical to HC in every way except they are only available to Players to play games in Standard Social Gameplay on the H5C Sweeps Platform. A Player’s HC and GC balances are not transferable between the H5C Classic Platform and H5C Sweeps Platform despite possessing the same function. GC possess no real money value and may be obtained for free in various ways such as a daily bonus, a free allotment every four hours, a daily wheel spin, by winning spins in Standard Social Gameplay, or other methods H5C may from time to time establish. GC may also be purchased from H5C for valid government-issued currency. By purchasing GC, you agree that (i) such acquisition is valid and legal in your jurisdiction and (ii) once purchased, GC are not redeemable for any government-issued currency and should be treated as a “good” purchased “as-is” with no returnable or redeemable value except within the Content provided by H5C or as otherwise expressly indicated by H5C.
d. SC are only available for gameplay on the H5C Sweeps Platform when Players elect to play games in Sweeps Play. Unlike HC and GC, SC are not available for purchase. SC may be obtained in a number of ways such as a daily allowance provided upon login, spinning a daily wheel, as a bonus to purchasing HC and/or GC or by submitting a Request Card. See the H5C Sweepstakes Rules for more information on how to collect, use and redeem SC. NO PURCHASE IS NECESSARY TO OBTAIN SC.
e. Diamonds are only available on the H5C Sweeps Platform. Diamonds are a secondary currency which allow Players to claim and activate in-game boosts (“Boosts On-Demand”). Diamonds may be used while the Player is playing with either GC or SC on the H5C Sweeps Platform. Diamonds are not available for use while on the H5C Classic Platform. Diamonds possess no real monetary value and may be obtained for free in various ways such as by logging in to H5C, via promotional award, as a bonus upon purchase of GC and other ways which may be determined by H5C from time to time. A Player purchasing a GC package that includes Diamonds agrees that (i) such acquisition is valid and legal in the Player’s jurisdiction and (ii) once obtained, Diamonds are not redeemable for any government-issued currency and should be treated as a “good” obtained “as-is” with no returnable or redeemable value except within H5C or as otherwise expressly indicated by H5C. The amount of Diamonds awarded to a Player will increase based on how frequently they engaged H5C. When a Player collects a specific amount of Diamonds, they may be used to claim and activate Boosts On-Demand such as extra free spins, 2x wins, half-priced power plays and other methods to be determined by H5C from time to time. To view available Boosts On-Demand, a Player may tap or click the Diamond button at the top of the application or web screen. The Player will then be directed to a Boosts On-Demand page where they will be able to see their Diamond balance, activate Boosts On-Demand and view which Boosts On-Demand the Player is eligible to claim and “Play Now.”
f. It is the Player’s responsibility to ensure the single spin play amount reflects the amount of Virtual Currency a Player actually intends to play on any one spin. Unless otherwise contemplated in these Terms, H5C will not be responsible for a Player’s negligence in playing a greater amount of Virtual Currency than they intended. This applies to all games, including Live Dealer Games where a Player may split their hand or double their play amount. A Player must have a sufficient Virtual Currency balance in order to play any game.
20. PURCHASING HIGH 5 CASINO COINS, GAME COINS AND DIAMONDS:
a. Thepayment instrument used to purchase HCand/or GC must be legally and beneficially owned by you and must be in your name. Should H5C learn that the name used to register your Player Account is different from the name associated with your Payment Instrument, your Player Account will be immediately suspended. In the event this happens to you, you must contact H5C Customer Support at the email below to resolve the issue.
b. H5C reserves the right to request documents and information to verify your identity and the legal and beneficial ownership of the payment instrument you use to purchase HC and/or GC.
c. You further agree that H5C, its payment administration agent(s) and payment facilitators may store and keep your payment information (e.g., card number or token) on file to process any future purchases you may make. By accepting and agreeing to these Terms of Use, you authorize H5C, its payment administration agent(s) and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
d. Except as provided by H5C, the transfer or sale of Virtual Currency between Players of H5C for any government-backed currency or item of value is strictly prohibited.
e. All sales of Virtual Currency are final. H5C may issue a refund in its sole and absolute discretion. Upon termination or suspension of a Player Account, all Virtual Currency remaining in the account may be forfeited at H5C’s sole and absolute discretion. The purchase of HC and/or GC constitutes the purchase of a limited license that allowing Players to participate in Standard Social Gameplay and is not the deposit of funds that may be withdrawan at any point.
f. All uses of both HC, GC, SC and Diamonds that have been submitted for play and accepted are final and cannot be changed, redeemed or canceled.
g. All Virtual Currency purchases shall be executed in U.S. Dollars (“USD”) and it is a Player’s responsibility to ensure and confirm that their nominated bank account can accept and process transactions in USD.
h. Players will be responsible for all foreign exchange transaction fees, charges or other related costs that may be incurred in relation to payments made by H5C, including but not limited to any losses or costs arising from foreign exchange fluctuations.
21. VIRTUAL CURRENCY BALANCES:
a. Players may only participate in games if they possess the sufficient number of HC, GC or SC (depending on mode of play) in their Player Account to be eligible to participate. Under no circumstance will H5C extend credit to a Player for the purchase of HC and/or GC.
b. Once a Player makes a HC and/or GC purchase, the funds will be drawn from the Players elected payment instrument as soon as practicable and the purchased HC and/or GC,and any gifted SC and/or Diamonds if they are included in the purchased HC and/or GC package, as applicable, will be added to the Player’s Virtual Currency Wallets.
c. Players Virtual Currency balances will be displayed in their Virtual Currency wallets (“VCW”). Each Player will have two VCW’s on the H5C Classic Platform: (i) H5C Coin Wallet and (ii) SC Wallet. Each Player will also have two VCW’s on the H5C Sweeps Platform: (i) GC Wallet and (ii) SC Wallet. On the H5C Sweeps Platform, a Player my click on their SC Wallet for a dropdown menu which will display their total SC balance, redeemable SC balance and unplayed SC balance. A Player’s Diamond balance will always be available to the Player at the top of the screen on both the H5C Classic Platform and the H5C Sweeps Platform.
d. In the event a Player runs out of HC and does not wish to purchase additional HC or wait for the next free allotment or bonus opportunity, a select few games will always be offered in Demo Play on the H5C Classic Platform. A Player playing games in Demo Play will be given a set number of HC for the initial session. If the Player run out of HC during that session, they need only reload the game to start a new session and the full balance will reset. Games being played in Demo Play do not take Virtual Currency from the Player’s VCWs. Player’s may also reach out to H5C Customer Support if they run out of Virtual Currency (excluding SC) and wish to continue playing games outside of the Demo Play games. All games owned by H5E are also available for play in Demo Play at the following link: https://www.high5games.com/games/.
e. You agree that H5C has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies as they see fit in their sole discretion, in any general or specific case, and that they will have no liability to you based on their exercise of such rights. You agree that you have no right or title in or to any such Virtual Currencies appearing or originating on H5C. H5C does not recognize any Virtual Currency transfers executed outside of H5C or the purported sale, gift or trade in the “real world” of anything related to H5C. Accordingly, you may not sell Virtual Currency for “real world” money or otherwise exchange Virtual Currency for value outside of H5C. Any attempt to do so is a violation of these Terms of Use and will result in a ban from H5C and the services offered thereon.
22. SWEEPS PLAY, BOOSTS AND PROMOTIONS:
a. All Promotions, including H5C Sweeps Play, contests, boosts, special offers, and other bonuses, are subject to these Terms of Use, the Sweepstakes Rules and additional terms that may be published at the time of a promotion. In the event of a conflict between these Terms of Use and the Sweepstakes Rules, promotion-specific terms, special offer specific terms or boost specific terms, the Sweepstakes Rules or specific terms will prevail.
b. To access the H5C Sweeps Platform, a Player must open the H5C Classic Platform and click on the button next to their SC balance that says “Sweeps.” The Player will then be redirected to the H5C Sweeps Platform.
c For more information regarding H5C Sweeps Play, see H5C’s Sweepstakes Rules.
d. H5C reserves the right, in its sole discretion, to redeem or modify any such promotion (including their availability) without notice to you. If, in the reasonable opinion of H5C, it is determined that a Player is abusing any promotion to derive any advantage or gain for themselves or another Player, including by way of fraudulent conduct, H5C may, in its sole discretion, withhold, deny or cancel any advantage, bonus, Prize or award of SC.
23. PAYMENT ADMINISTRATION AGENTS:
a. H5C in its sole discretion may appoint one or more payment administration agent to accept payments, make payments and facilitate the payment process from or to Players (“Payment Administration Agent”) on H5C’s behalf.
b. Any Payment Administration Agent appointed by H5C will possess the same rights, power and privileges as H5C under these Terms of Use. Any Payment Administration Agent will be entitled to exercise and enforce its rights, powers and privileges as H5C’s agent or in the Payment Administration Agent’s own name.
c. Under no circumstances will H5C be liable or responsible to any Player for any loss, damage or other liability resulting or arising from the Payment Administration Agent’s negligence and/or acts which exceed the powers and authorities granted to it by H5C.
24. VERIFICATION CHECKS:
a. You acknowledge and agree that H5C shall be entitled to engage in any identification, credit or other verification checks as reasonably required or as required by applicable laws and regulations or by any regulatory authorities.
b. All requests for prize redemption will remain pending until all necessary verification checks have been completed to the sole satisfaction of H5C.
c. H5C may from time to time request certain information from you in order to properly complete a verification check, including but not limited to situations where cumulative or single prize redemption exceeds a cash value of $2,000 USD. This information may include, but is not limited to: (i) photo identification such as a Driver’s License or other form of valid State ID, (ii) proof of address and/or (iii) proof of source of income such as a pay slip or bank statement.
d. In the event you fail to provide any documentation requested by H5C to help perform a verification check within 30 days of the request, H5C is under no obligation to continue the verification process and may, in its sole discretion, close, restrict or suspend your Player Account.
e. H5C may also use third-party service providers to assist in the identification and other verification checks using the information provided by Players.
25. CLOSURE OR SUSPENSION OF PLAYER ACCOUNT:
Without limiting Section 8(e) of these Terms of Use, H5C reserves the right, at its sole discretion, to suspend or close your Player Account (notwithstanding any other provision contained in these Terms of Use) where H5C has reason to believe that you have engaged or are likely to engage in any of the following activities:
a. you breached, or assisted another party to breach, any provision of these Terms of Use or the Sweepstakes Rules, or H5C has reasonable grounds to suspect such breach;
b. you have more than one Player Account, including any inactive account, on any Platform;
c. the name registered on your Player Account does not match the name on (i) your payment instrument used to make purchases of HC or GC or (ii) the Player Account to which you choose to redeem prizes
d. you do not legally and beneficially own the payment instrument or Player Account associated with your prize redemption;
e. your communication with H5C consists of harassment or offensive behavior, including but not limited to, threatening, derogatory, abusive or defamatory statements or racist, sexually explicit, pornographic, obscene or offensive language;
f. your Player Account is deemed to be a dormant account under Section 8(g) of these Terms of Use;
g. you become bankrupt or insolvent;
h. you provide inaccurate, false or misleading information to H5C at any time;
i. your identity or Source of Wealth or Source of Funds (if requested) cannot be verified;
j. you attempt to use your Player Account through a VPN, proxy or similar service that masks or manipulates the identification of your real location or by otherwise providing false or misleading information regarding your citizenship, location or place of residence, or by playing Games using the Platform through a third-party or on behalf of a third-party;
k. you are not over 21 years of age or such higher minimum legal age of majority as stipulated in the jurisdiction of your residence;
l. you are located in an Excluded Territory or a jurisdiction where participation in the games is illegal;
m. you have allowed or permitted (whether intentionally or unintentionally) someone else to access your Player Account in order to participate in the games;
n. you have played in tandem with other Player(s) as part of a club, group, etc., or played the games in a coordinated manner with other Player(s) involving the same (or materially the same) selections;
o. where H5C has received a “chargeback,” claim or dispute and/or a "return" notification via your payment instrument;
p. you have failed H5C’s due diligence procedures or are found to be colluding, cheating, money laundering or undertaking any kind of fraudulent activity; or
q. it is determined by H5C that you have employed or made use of a system (including machines, computers, software or other automated systems such as bots) which give you an unfair advantage or automates your efforts to obtain sweepstakes entries.
r. If H5C suspends or closes your Player Account for any of the reasons referred to in this Section 25, you will be liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by H5C (together “Claims”) arising therefrom and you will indemnify and hold H5C harmless on demand for such Claims.
s. If we have reasonable grounds to believe that you have participated in any of the activities set out in this Section 25, we reserve the right to withhold all or part of the balance or recover from your Player Account any prizes, HC, GC, SC and/or Diamonds that are attributable to any of the activities contemplated in this Section 25. In such circumstances, your details may be passed on to any applicable regulatory authority, regulatory body or any other relevant external third parties.
t. The rights set out in this Section 25 are without prejudice to any other rights that H5C may have against you under these Terms of Use or otherwise. Any breach or suspected breach of the above-mentioned terms and conditions will result in the forfeiture of all prizes won.
26. DISCLAIMERS:
a. H5C AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. H5C MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. H5C AND THE CONTENT ARE PROVIDED “AS IS” / “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. H5C DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THE PLATFORM, THE CONTENT OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH H5C.
b. H5C DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE PLATFORM, THAT H5C AND YOUR USE OF H5C WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT H5C OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H5C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF H5C AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT H5C) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF H5C AND THE CONTENT IS AT YOUR OWN SOLE RISK
27. LIMITATIONS ON LIABILITY:
a. H5C WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, CAUSED BY YOUR USE OF H5C AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. H5C WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE OR RELIANCE UPON, H5C AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5C, EVEN IF THERE IS NEGLIGENCE BY H5C OR BY AN AUTHORIZED H5G REPRESENTATIVE, OR AN AUTHORIZED H5C REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. H5C’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO H5C, IF ANY, TO ACCESS H5C.
b. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THE ABOVE LIMITATIONS DO NOT RELEASE LIABILITY FOR INTENTIONAL MISCONDUCT, RECKLESSNESS, GROSS NEGLIGENCE OR FRAUD.
28. INDEMNITY:
a. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS H5C, H5C’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM: (I) YOUR USE OF H5C AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5C; (II) ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH H5C; (III) ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN; (IV) ANY ACTIVITY RELATED TO YOUR H5C ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR H5C ACCOUNT; (V) ANY CIRCUMVENTION OR ATTEMPTED CIRCUMVENTION OR THESE TERMS OR H5C OR (VI) ANY FRAUD COMMITTED WITH REGARD TO H5C.
b H5C reserves the right, at your expense, to assume institute civil or criminal claims against you, report you to the relevant authorities and to assume the exclusive defense and control of any matter for which you are required to indemnify H5C, and you agree to cooperate with H5C’s defense of these claims. H5C will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your Player Account or the H5C service.
29. RELEASE FOR FORCE MAJEURE:
a. You absolve and release H5C and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, pandemics, wars or governmental restrictions.
30. TERM AND TERMINATION:
a H5C reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to H5C and any of the Content or (ii) to change, remove or discontinue any of the Content or services available on or through H5C.
b You may terminate this agreement at any time by providing written notice to H5C and by destroying: (i) all of the Content obtained from H5C, including, without limitation, permanently deleting all of the Content from any computer and/or media and (ii) all related documentation and all copies and installations, if any. In addition, upon H5C’s request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by H5C.
31. NOTICES:
a. Any legal notice, other document or communication required or permitted hereunder to H5C will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to H5C c/o High 5 Entertainment LLC, 2801 Centerville Road, Wilmington, Delaware 19808.
b. Notices to H5C shall be deemed delivered when actually received by H5C or its authorized representatives.
c. Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to H5C when you register for a Player Account. Such notice will be deemed received by you the next business day after the email is sent. It is your responsibility to maintain an accurate, up-to-date e-mail address.
d. Should you elect to send or receive e-mail communications of any kind to or from H5C, you represent and warrant to H5C that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
e. Any notices Players provide to H5C that do not comply with this section shall have no legal effect.
32. COMPLIANCE WITH LAWS/CHOICE OF LAW:
a. Except as otherwise described, H5C is controlled and operated from within the United States of America (“U.S.”) and makes no representation that the Content is appropriate or available for use outside of the U.S. If you use H5C from outside of the U.S., you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the U.S. and may not be downloaded or otherwise exported or reexported: (i) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, Russia or Yugoslavia, (ii) to anyone in the U.S. Treasury Department’s Specially Designated National List or (iii) to anyone on the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
b. Access, browsing and use of H5C, the Content and the terms and conditions of the Player Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
c. Subject to the Dispute Resolution by Binding Arbitration Agreement Provision Below, these Terms of Use and the rights of the parties hereunder shall be governed and construed with the laws of the State of New Jersey, exclusive of conflict or choice of law rules. For the avoidance of doubt, New Jersey choice of law only governs the interpretation and enforcement of the Terms of Use. It does not displace any statutory claims or remedies that may exist under any state law.
33. DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT:
PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND H5C TO ARBITRATE ALL PAST, PRESENT AND FUTURE DISPUTES WITH H5C AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST H5C. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING OR FUTURE CLASS, COLLECTIVE OR REPRESENTATIVE ACTION AGAINST H5G BY SOMEONE ELSE.
a. Scope of Arbitration Provision: Unless you opt out, you and H5C agree that any claim, controversy or dispute between you and H5C (the “parties”) arising out of or relating to your access to or use of any H5C service or to the Content will be resolved exclusively through final and binding arbitration, rather than in court or before a jury, regardless of whether such claim, controversy or dispute arose prior to, on or subsequent to the date of your acceptance of these Terms of Use. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted and, except as provided in the preceding sentence, includes any dispute, claim or controversy between you and H5C arising out of or relating to any aspect of your relationship with H5C or any conduct or failure to act on the part of H5C (including claims based on breach of contract, tort (for example, a negligence claim), violation of law or any claims based on any other theory) or any aspect of your access to or use of the Content.
b. For Players Located in the State of Washington: By accepting this arbitration provision, you give up any right to participate in or obtain any relief in the following pending action: Wilson v. PTT, LLC, Case No. 3:18-cv-05275-RBL in the United States District Court for the Western District of Washington. The lawsuit seeks to recover money allegedly lost while playing H5C games and/or using Content. H5C denies the claims and believes they have no merit. THE COURT HAS ALLOWED THE LAWSUIT TO PROCEED AS A CLASS ACTION AND HAS GRANTED SUMMARY JUDGMENT FOR PLAINTIFFS AS TO LIABILITY. THE CLASS REPRESENTATIVE AND INDIVIDUALLY NAMED PLAINTIFF IN THIS LAWSUIT IS REPRESENTED BY ATTORNEYS AT THE LAW FIRM OF EDELSON PC, WHO MAY BE CONTACTED AT (312) 589-6370. IF YOU ACCEPT THE TERMS OF USE AND DO NOT OPT OUT OF THE DISPUTE RESOLUTION BY BINDING ARBITRATION PROVISION, YOU CANNOT PARTICIPATE IN THIS LAWSUIT. SEE LARSEN V. PTT, LLC CASE NO. 3:18-CV-05275-RBL, FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON FOR ADDITIONAL DETAILS. THIS PROVISION DOES NOT APPLY TO ANY INDIVIDUAL NAMED A PLAINTIFF IN THIS ACTION AS OF SEPTEMBER 8, 2022.
c. Limitation on Period in which Claims May be Brought: YOU AND H5C AGREE THAT ANY CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF ANY H5C SERVICE OR TO THE CONTENT SHALL BE MADE BY FILING FOR ARBITRATION WITHIN ONE YEAR FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S), EXCEPT FOR ANY CLAIM(S) UNDER RCW § 19.86.010, ET SEQ., WHICH SHALL BE MADE BY FILING FOR ARBITRATION WITHIN THREE YEARS FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S). If the provision in the previous sentence is held to be unenforceable, then any claim(s) against H5C must be made by filing for arbitration within the limitations period designated by the state or federal law underlying the claim(s). If any claim is not brought within the applicable period discussed above, it is permanently barred, and the parties cannot bring that claim in any manner or in any forum.
d. Costs of Arbitration: If the value of your claim does not exceed $10,000, H5C will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration in the event such fees exceed $200, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, H5C will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. You will still be responsible for paying your own attorneys’ fees.
e. Arbitration Procedure: The provisions of this Section shall constitute your and H5C’s written agreement to arbitrate disputes under the Arbitration Laws of the State of New Jersey. You and H5C agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (“AAA Rules”) in effect at the time arbitration is sought. The AAA Rules are available at www.adr.org. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding any provision of the AAA Rules, any dispute over the formation, enforceability, validity or severability of any provision of this Section shall be resolved by a court and not be a subject of the arbitration.
f. The arbitrator shall have no authority to amend or modify the terms of this Arbitration Agreement or to award punitive or exemplary damages, except as expressly authorized by law. The arbitration award may be enforced by judgment in any court of competent jurisdiction. Before, during or after arbitration, each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
g. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to any claim that all or any part of these Terms of Use are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
h. Prior to initiating arbitration, you must first send a written notice by certified mail to: High 5 Entertainment LLC, 2801 Centerville Road, Wilmington, Delaware 19808. At a minimum, the arbitration notice must include the following: (i) personal and/or account information sufficient enough to identify your H5C account, (ii) a detailed description of your claim or dispute with H5C and (iii) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolved with H5C within 30 days of H5C’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms of Use.
i. Procedure to Opt Out of Arbitration Provision: WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE TERMS OF USE, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS (AT YOUR COST) REGARDING THE CONSEQUENCES OF YOUR DECISION.
j. If you do not agree to be subject to this arbitration agreement, you must opt out of this arbitration agreement within 30 days of entering this agreement by sending notice via (i) e-mail addressed to Legal@high5casino.com or (ii) U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), to High 5 Entertainment LLC, 2801 Centerville Road, Wilmington, Delaware 19808, Attn: Legal Department. You must send such notice within 30 days of your acceptance of these Terms of Use. All notices must include your name, address and a clear statement that you do not wish to resolve disputes with H5C through arbitration. If you do not follow this procedure by your 30 day deadline to do so, then you and H5C shall both be bound by the terms of this Section.
k. Confidentiality: You and H5C shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement or unless otherwise required by law or judicial decision.
l. If any portion of this Section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
34. WAIVER:
a. No delay or omission by H5C to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by H5C of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
35. SEVERABILITY:
a. If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable and in effect.
36. INDEPENDENT CONTRACTOR:
a. H5C is an independent contractor. Nothing in these Terms of Use shall be construed to create a partnership, joint venture or agency relationship between you and H5C.
37. TAXES:
a. H5C does not provide advice regarding legal and/or tax matters. Please contact your local legal and/or tax expert for information on how your play at H5C may have such consequences. You are solely responsible for any taxes which apply to your use of H5C.
38. CONTINUED USE DEEMED ACCEPTANCE:
a. H5C reserves the right, at its sole discretion, to change, alter, amend, add to or otherwise modify these Terms of Use, Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy and Legal Notices from time to time. Any amendments will be published on the Platform and such changes will be binding and effective immediately. After any such modification becomes effective, H5C will deem your continued use of H5C or any of the Content to constitute your acceptance of and agreement to such modification. You agree it is your duty to read these Terms of Use and Legal Notices prior to using, accessing or browsing the H5C website. Whenever we amend these terms and conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any games. If you do not agree to the amended Terms of Use, or other legal doc referenced above, you must stop using the Platform.
39. CONTACT US:
H5C may be reached at: High 5 Entertainment, LLC 2801 Centerville Road Wilmington, Delaware 19808
and/or H5C Customer Support at: Support@high5casino.com
40. CALIFORNIA NOTICE:
Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
41. ENTIRE AGREEMENT:
This constitutes the entire agreement between you and H5C with respect to your use of H5C and the Content, and supersedes any and all prior understandings or agreements between you and H5C, whether written or oral. You acknowledge that, in providing you access to and use of H5C and the Content, H5C has relied on your acceptance of this agreement.
