Terms & Conditions

‍THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST FREEDOM45GAMES LLC, ITS AFFILIATES, MANAGERS, MEMBERS, SERVICE PROVIDERS, PARTNERS, ADVISORS, AND VENDORS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE THE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THIS AGREEMENT.

 

1. Introduction

 

The website located at www.TrumpBillionairesClub.com and/or any of our mobile applications accessed through the Apple IOS Store or the Google Play Store (together herein, the “Game System”) is the intellectual property of Freedom45Games LLC (hereinafter collectively referred to as “we” “our” or “us”). The following Terms and Conditions also incorporate by reference our Privacy Policy, and any and all other applicable operating rules, policies, schedules and other terms and conditions or documents that may be published from time to time (collectively, the “Terms and Conditions” or this “Agreement”).  Our Game System, including our website and/or any of our mobile applications accessed through the Apple IOS Store or the Google Play Store, together with any content, functionality, and services offered on or through our Game System, including but not limited to the Trump Billionaires Game, and all of the existing and any updated or new content, features, functionalities, materials, social media pages, shall be collectively referred to as the “Services.”

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‍These Terms and Conditions explain the terms and conditions by which you may access and use the Services provided by us.  Please review these Terms and Conditions carefully before accessing the Game System or any of the Services. The Terms and Conditions supersede all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to your use of the Services.  If you do not agree to the Terms and Conditions in its entirety, you should not use the and/or mobile applications or any of the Services in any manner or form whatsoever.

 

You agree to the Terms and Conditions in its entirety when you: (a) access or use the Game System and/or Services; (b) access and/or view any of the: (i) links to third-party resources and other information (“Third-Party Links”) through the Game System; and/or (ii) videos, audio, stories, testimonials, text, photographs, graphics, artwork, information and/or other content featured on the Game System (the “Game System Content," and together with the Third-Party Links, the “Content"); (d) play the game featured on the Game System; and/or (e) utilize the various registration forms, contact forms and/or contact information made available on the Game System.

 

THE SERVICES ARE NOT POLITICAL AND HAVE NOTHING TO DO WITH ANY POLITICAL CAMPAIGN, GOVERNMENT AGENCY OR GOVERNMENTAL OFFICE IN THE UNITED STATES OF AMERICA OR ELSEWHERE. 

 

2. ‍Changes to These Terms

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms and Conditions and Privacy Policy at any time by posting the amended versions on our sites or within the Services (including in-game notices). We may provide additional notice (e.g., via email or messages within the Services) of material changes. Unless stated otherwise, changes are effective when posted. If you continue to use the Services after changes are posted, you agree to the changes.

If you have a dispute with Freedom45Games LLC, the version of the Terms and Conditions, and Privacy Policy in effect at the time we received actual notice of the dispute will apply. However, if you keep using the Services after changes are posted, you are agreeing that the changes apply to your continued use.

You cannot make changes to these Terms and Conditions or the Privacy Policy unless both you and Freedom45Games LLC sign a written amendment.

If any of these Terms and Conditions or the Privacy Policy conflict with other Freedom45Games LLC terms or policies, these Terms and Conditions and the Privacy Policy shall prevail.

 

3. Requirements

 

3.1 General. The Services are available only to individuals who can enter into legally binding contracts under applicable law. The Services are not intended for use by individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions). If you are under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in your jurisdiction) and/or if you are unable to enter into legally binding contracts and/or you are a Prohibited Party (defined below) you do not have permission to use and/or access the Services, and we may terminate your access to the Services at any time and for any reason in our sole discretion. In the case where you are an entity, you can only access the Services if you are duly incorporated, validly existing and in good standing under the laws of the jurisdiction of your incorporation.

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3.2 Prohibited Users. The Services are not available to (i) individuals or entities (including those owned or controlled by individuals) that are the subject of economic or trade sanctions administered or enforced by any governmental authority or otherwise designated on any list of prohibited or restricted parties (including but not limited to the United Nations Security Council, the European Union, His Majesty’s Treasury of the United Kingdom of Great Britain and Northern Ireland (the “UK Treasury”), and the U.S. Department of Treasury); (ii) individuals or entities placed on the “Denied Persons List” by the Bureau of Industry and Security of the United States Department of Commerce; or (iii) residents and citizens or entities located in or incorporated under the laws of any country, territory or other jurisdiction subject to a U.S. Government embargo, or that have been designated by the U.S. Government as a terrorist-supporting country, or is otherwise the subject of comprehensive country-wide, territory-wide, or regional economic sanctions by the United Nations, the European Union, the UK Treasury, or the United States, including without limitation Cuba, the Crimea, Donetsk, and Luhansk regions of Ukraine, Iran, North Korea, Russia, Syria, or Yemen (collectively, “Prohibited Users”).

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3.3 Prohibited Access. In addition to the foregoing, individuals are not permitted to access the Services with a Jail-Broken Mobile Device, a Rooted Android Device, or the substantial equivalent thereof. For purposes of the Terms and Conditions, a “Jail-Broken Mobile Device” is a Mobile Device that runs Apple’s iOS operating system that has had any of its iOS-based software restrictions removed via any procedure that is not fully endorsed and authorized by Apple and a “Rooted Android Device” is a smartphone, tablet or other device running the Android mobile operating system for which privileged root access control has been enabled thereby opening the operating system for additional customization.

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3.4 Registration. You may be required to submit an applicable registration form. We reserve the right, in our sole discretion, to deny access to the Services to anyone at any time and for any reason whatsoever. 

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3.5  Wallet, Cryptocurrency and Technology Requirements. You shall be responsible, at all times, for obtaining and maintaining, at your sole cost and expense: (a) all input/output devices or equipment (such as a computer/mobile device, up-to-date Internet browser version, modems, terminal equipment, computer equipment and software) and communications services necessary to access certain Services and for ensuring that such equipment and services are compatible with all relevant requirements; (b) for the web3 version of the Game, a functioning blockchain-based wallet (“Wallet”) capable of use on OpenLoot.com; and (c) any cryptocurrencies necessary to purchase and/or sell game items on OpenLoot.com. We do not guarantee the quality, speed or availability of the Internet connection associated with any mobile device and/or computer. We do not guarantee that the Services can be accessed: (i) on all mobile devices; (ii) through all wireless service plans; (iii) in connection with all Internet browsers; and/or (iv) in all geographical areas. Standard messaging, data, Internet usage and blockchain transaction fees may apply to use of the Services. You are fully responsible for all such charges and we have no liability or responsibility to you, whatsoever, for any such charges.

 

You assume all risks associated with using an Internet-based blockchain networks including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored on the blockchain and/or within your Wallet.

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3.6 Items. With respect to any items, including, but not limited to Virtual Items, that may be acquired, offered, or purchased by and through the Game System, we do not warrant that the item descriptions are accurate, complete, reliable, or error free. If items are depicted on the Game System, we will make every effort to display them as accurately as possible. However, there may be differences between the actual items and the depiction of same. For example, the actual colors you see may depend on your monitor/screen and other factors associated with your computer, mobile device or other device used to access the Game System, as applicable, we cannot guarantee that the depiction of any color as viewed by you through your monitor/screen will be fully accurate.

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4. Ownership; Limited License

 

4.1 Ownership. The Services and the Game System are comprised of works owned by Freedom45Games LLC and protected by copyright, trademark, patent and other intellectual property laws. We own or have rights to all content that appears in the Services and the Game System. These terms do not grant you any ownership rights in the Services, Game System or their content.

 

4.2 License Grant. As a user of the Services and Game System, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Services and all other material, products (including, but not limited to, Virtual Items such as in game coins, tokens, dice rolls, collectible pins, etc.), and/or services posted or made available by and through same (collectively, the “Material”) in accordance with the Terms and Conditions. We may terminate this license at any time for any reason. Unless otherwise expressly authorized by us, you may only use the Material for your own personal, non-commercial use. No part of the Material may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Material and/or any portion thereof. You may not create any “derivative works” by altering any aspect of the Material. You may not use Material in conjunction with any other third-party content. You may not exploit any aspect of the Material for any commercial purposes not expressly permitted by us (including the bundled sale of any Material). Systematic retrieval of the Material by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from us is strictly prohibited. You further agree to indemnify and hold us harmless for your failure to comply with this section. We reserve all rights not explicitly granted in the Terms and Conditions.

 

4.3 Proprietary Rights. All Material is owned or licensed by or to us and is protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Except as expressly provided in the Terms and Conditions, no part of the Material may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, Game System or other medium or for any commercial purpose, without prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, rights of publicity or trademarks with respect to any of the Material. The posting of information or material on the Game System does not constitute a waiver of any right in or to such information and/or materials, and we reserve all rights not expressly granted hereunder.

 

5. Content

 

5.1 General Terms. Subject to the Terms and Conditions, users that possess the requisite technology shall have the opportunity to view, download and/or interact with all or some of the Content made available by and through the Game System and/or other Services. We do not control Content provided by third-party providers that is made available by and through the Game System and/or other Services. Please be advised that we do not verify or fact-check statements made by third-party providers, and that the third-party providers themselves are solely responsible for the accuracy, completeness, appropriateness, safety and/or usefulness of such Content.  We do not represent or warrant that the Content and other information posted by and/or through the Game System and/or other Services is accurate, complete, up-to-date or appropriate.  You agree that we shall have no obligation and incur no liability to you in connection with any Content.  

 

5.2 Non-Endorsement. The publication of any Content provided by third-party providers (including user content) by and through the Game System and/or other Services does not constitute any type of endorsement of the subject third-party provider or third-party digital asset trading platform.

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5.3 Compliance with Laws. You acknowledge that you are subject to all municipal, state and federal laws, rules and regulations of the city, state and jurisdiction in which you reside and from which you access the Game System and its Services (the “Applicable Laws”). You agree to comply, and are solely responsible for your compliance with, all Applicable Laws.

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5.4 User Content. If you upload or transmit any User Content (all data that you upload or transmit on or through the Service, such as profile pictures, chat, etc.), you agree it will be:

• Accurate.
• Not confidential.
• Not in violation of any law or third-party rights.
• Free of viruses or malicious code.

 

You own your User Content, but you grant Freedom45Games LLC a perpetual, irrevocable, worldwide, fully paid-up, royalty-free, and non-exclusive license to use it (and modified or derivative works of it) in connection with the Service, marketing, and promotions.

 

Freedom45Games LLC’s license to your User Content ends if you request deletion of your User Content by emailing support@TrumpBillionairesClub.com, except in cases where the content has already been shared with others who have not deleted it, used publicly, or is subject to a separate license.

 

If you request deletion, we will take reasonable steps to remove your User Content from active use, but copies may remain in backup or archival systems.

 

If you post your own ideas or information on forums, blogs, or chat features, we cannot guarantee other users will not use that information. If you want to keep your ideas confidential, do not post them.

 

5.5 Monitoring User Content of Use of Service. We have no obligation to monitor User Content but reserve the right to edit, refuse to post, or remove any User Content at our discretion. We may also monitor or record your interaction with the Services or communications with Freedom45Games LLC or other users (including chat text and voice communications) when you use the Services.

 

If you believe someone is violating these Terms, please contact us at support@TrumpBillionairesClub.com

5.6 Standards of Conduct. From time to time we may set standard of conduct for users of the Game System, the Services and for playing the Game. At a minimum, all players of the game should maintain basic standards of civility and discretion as determined by us in our sole discretion. You are responsible for your interactions with other users. If you have a dispute with another user, we are not required to get involved, though we may do so at our discretion You further agree that under no circumstance will you:

• Engage in acts that are inappropriate and/or in conflict with the spirit or intent of the Services or these Terms.
• Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwise impair any aspect of our Services (including Accounts of others) or related technology, devices, systems, or networks.
• Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful, violent, racist, or otherwise objectionable or offensive acts, whether by posting and/or transmitting such information through our Services, or by any other means (e.g., by posting links to such content).
• Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassment and/or violence towards another person, group, our employee(s), or our Services, or engage in any acts in violation of other publicly posted Freedom45Games policies.

• Use our Services to post, supply or make available any material or information that infringes on any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of a person or entity.
• Use our Services to post, display, or transmit any other person or entity’s private information, including personally identifiable and/or financial information.
• Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Services.
• Scrape, harvest, or otherwise extract data from the Services.
• Seek to obtain advantage or information from our Services using methods not expressly permitted by Freedom45Games.
• Engage in solicitation or attempted solicitation of personal information from other users of our Services.
• Institute, engage in, assist with, or become involved in any form of attacks upon our Services, including but not limited to denial of service attacks, creation or distribution of viruses or malware, or attempts to disrupt our Services or others’ enjoyment of our Services.
• Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots, software, hacks, mods or any unauthorized third-party code or software that can be used to interfere with, alter or modify our Services, or that can be used in conjunction with our Services.
• Impersonate another person, including without limitation any other user or any Freedom45Games employee.
• Use our Services to violate any applicable law or regulation.
• Use our Services for any activities other than what are reasonably considered the common and usual activities associated with the Services for general entertainment.
• Encourage anyone to engage in the foregoing.

 

6. Promotions and Offers; Third Party Advertising

 

From time to time, we may offer limited-time promotions or special Offers. Review the official rules of any promotion, as they apply in addition to these Terms. Offers are at our sole discretion and are not transferable or exchangeable for other items.

Our Service may feature ads from us or other companies. Our Privacy Policy explains the information we share with advertisers. We may provide links in our games or Services to other companies’ websites or services or to promotional offers. We are not responsible for any transactions you enter into with these other companies. We do not endorse or guarantee their content, goods, or services.

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7. Indemnification

 

To the fullest extent permissible by applicable law, you agree to indemnify and hold the Covered Parties harmless from and against any and all claims, expenses (including reasonable attorneys’ fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Services; (b) your breach of the Terms and Conditions and/or violation of Applicable Law; (c) any dispute between you and any other users and/or other third parties; (d) any claim that we owe any taxes, fees, penalties or fines in connection with your use of the Services; and/or (e) your violation of any rights of another individual and/or entity. The provisions of this Section “Indemnification” are for the benefit of us and the other Covered Parties. To the fullest extent permissible by applicable law, each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

The above shall not apply to residents of the EU/EEA. Residents of the EU/EEA shall be liable for damages resulting from negligent and intentional breaches of these Terms.

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8. Disclaimer of Warranties

 

THE SERVICES, INCLUDING THE MATERIAL, AND/OR SERVICES OFFERED IN CONNECTION WITH SAME, ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, REGARDING THEIR FUNCTIONALITY, RELIABILITY, OR AVAILABILITY ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, THIS AGREEMENT OR ANY INFORMATION AND MATERIALS PROVIDED TO YOU). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE MAKE NO WARRANTY THAT THE SERVICES, INCLUDING THE MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME, AS WELL AS ANY BLOCKCHAIN TECHNOLOGY: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF SAME, OR AGAINST INFRINGEMENT; AND/OR (E) WILL BE ACCURATE OR RELIABLE. THE SERVICES, MATERIAL AND/OR ANY OTHER PRODUCTS AND/OR SERVICES OFFERED IN CONNECTION WITH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.  WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE GAME SYSTEM OR ANY OF THE UNDERLYING BLOCKCHAIN NETWORK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED UPON ANY REPRESENTATIONS OR WARRANTIES MADE BY US ON OR BY ANY PERSON ON BEHALF OF US.

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9. Limitation Of Liability

 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, ENHANCED AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, STATUTORY DAMAGES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SERVICES, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE GAME SYSTEM; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) ANY MATTER RELATED TO THE BLOCKCHAIN NETWORK, CRYPTOCURRENCIES AND/OR ANY BLOCKCHAIN-BASED WALLET; (E) THE FAILURE TO REALIZE ANY REVENUE OR OTHER FINANCIAL OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE SERVICES, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, VIOLATIONS OF LAW AND CIVIL REMEDIES BASED THEREON, DECEPTIVE AND UNFAIR TRADE PRACTICES, MISREPRESENTATIONS AND ANY AND ALL OTHER TORTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, YOU HEREBY RELEASE US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, OUR MAXIMUM LIABILITY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF OUR BARGAIN AND THE BASIS FOR WHICH WE ARE PERMITTING YOUR ACCESS TO THE SERVICES, MATERIAL, AND/OR ANY OTHER SERVICES OFFERED IN CONNECTION WITH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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FOR CALIFORNIA RESIDENTS: EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER AGAINST THE COVERED PARTIES. SECTION 1542 READS AS FOLLOWS:

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“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

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10.  Third-Party Websites

 

The Services may provide links to other websites and/or resources, including social media websites and digital asset trading platforms. We have no control over such third-party websites and/or resources. Furthermore, we do not endorse and are not responsible or liable for (i) any terms and conditions, privacy policies, content, advertising, services, products, and/or other materials available at or from such third-party websites or resources; or (ii) any damages and/or losses arising from or associated with your use of such third-party websites, platforms, or resources, including but not limited to trading activities on digital asset trading platforms.

 

11.  ‍Privacy Policy

 

All comments, information, Account and Registration Data and/or materials that you submit through or in association with the Services shall be subject to our Privacy Policy, which is hereby incorporated by reference. For a copy of the Privacy Policy, please click here.

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12.  Dispute Resolution Provisions

 

12.1 Attempt to Resolve through Support First: Many disputes can be resolved by contacting support@TrumpBillionairesClub.com

 

12.2 Applicable Law. The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles) although consumers having their habitual residence within the EU/EEA can nevertheless rely upon additional protections under mandatory consumer protection laws of their home country.

 

12.3 Arbitration. The parties (and Covered Parties) hereby agree to arbitrate all claims that may arise under and/or relate to the Services and/or the Terms and Conditions. Without limiting the foregoing, should a dispute arise between the parties/any Covered Parties including, without limitation, any matter concerning the Services, the terms and conditions of the Terms and Conditions or the breach of same by any party hereto: (a) the parties/Covered Parties agree to submit their dispute for resolution by arbitration before JAMS in New York, New York, in accordance with their then-current commercial arbitration rules; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here.

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The Covered Party(ies) named in your Initial Dispute Notice (collectively, the “Named Parties”) may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If the applicable Named Party(ies) provide(s) you with a Final Settlement Offer and you do not accept it, or such Named Party(ies) cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the JAMS office New York County, New York or, for US residents, your US county of residence, by filing a separate Demand for Arbitration. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards relief that is greater than the applicable Final Settlement Offer, then the Named Party(ies) will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, the Named Party(ies) will reimburse any reasonable attorneys' fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although the Named Party(ies) may have a right to an award of attorneys' fees and expenses if Named Party(ies) prevail(s) in arbitration, the Named Party(ies) will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

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12.4 CLASS ACTION WAIVER: To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against any of the Covered Parties. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Game System.

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12.5 Waiver of Jury Trial.  FOR PURPOSES OF ANY COURT PROCEEDINGS, YOU AGREE THAT ANY SUCH DISPUTE SHALL BE TRIED BEFORE A JUDGE, AND NOT A JURY, AND YOU HEREBY WAIVE ANY RIGHT TO A TRIAL BEFORE A JURY.  THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED AND SHALL NOT APPLY TO THIS AGREEMENT OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY.

 

12.6 Equitable Relief. We may seek injunctive or other equitable relief if you breach or intend to breach these Terms, and we do not have to post any bond or surety. You agree to limit your claims to money damages.

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12.7 California User Consumer Rights. In accordance with Cal. Civ. Code Sec. 1789.3, California State resident users may file grievances and complaints with the California Department of Consumer Affairs, 400 R Street, Ste. 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

 

12.8 To the extent that Freedom45Games may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Freedom45Games’s liability will be the minimum permitted under such applicable law. This provision shall have no effect on the choice of law provision set forth above.

 

12.9 EU Residents. Notwithstanding the above, for residents of the EU/EEA, Freedom45Games shall only be liable for damages, irrespective of the legal grounds, in the event of intentional, gross negligence and slightly negligent breach of material contractual obligations (cardinal obligations). Material contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract. In the event of a slightly negligent breach of material contractual obligations, Freedom45Games’s liability shall be limited to compensation of foreseeable damages typical of the contract. In particular, indirect damages shall not be compensated. The above limitations of liability shall also apply in favor of Freedom45Games’s legal representatives and vicarious agents if claims are asserted directly against them. The above limitations of liability do not apply to (i) culpably caused damages resulting from injury to life, limb or health on the part of Freedom45Games and (ii) statutory no-fault liability under the EU Product Liability Directive, as transposed into national law.

 

13.  Copyright Notices

 

We respect the intellectual property rights of others and ask that you do the same. We respond to notices of alleged copyright infringement in accordance with applicable law (e.g., the DMCA). We may terminate access for repeat infringers without notice. We also accommodate standard technical measures used to protect intellectual property.

 

14.  Language

If we provide a translated version of these Terms, it is for informational purposes only. The English version will control if there is any conflict in meaning.
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15.  Force Majeure

 

We are not liable for any changes or issues out of our control, such as natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, floods, accidents, network failures, strikes, or shortages of transportation, fuel, energy, labor, or materials.

 

16.  Miscellaneous

 

Should any part of the Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. These Terms and Conditions govern all uses of the Services. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Any failure to enforce any provision of the Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Terms and Conditions. 

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17.  Notices; Contact Us
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We may notify you by posting on www.TrumpBillionairesClub.com, in our games, or via email (using the contact info you provide).

If you need to give us notice, email support@TrumpBillionairesClub.com, unless we specify a different method. Improper notice has no legal effect.

If you have any questions about the Terms and Conditions or the practices of www.TrumpBillionairesClub.com, please feel free to e-mail us at: support@TrumpBillionairesClub.com

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