This end user agreement (the "Agreement") should be read by you (the "User" or "you") in its entirety prior to your use of Stake’s service or products. Please note that the Agreement constitutes a legally binding agreement between you and Stake (referred to herein as "Stake", "us" or "we") which owns and operates the Internet site found and games described at www.Stake.com (the "Service"). By clicking the "I Agree" button if and where provided and/or using the Service, you consent to the terms and conditions set forth in this Agreement.
1. Grant of License
i. Subject to the terms and conditions contained herein, Stake grants the User a non-exclusive, personal, non-transferable right to use the Service on your personal computer or other device that accesses the Internet in order to access the games available and described on the Stake.com website (the website and games together being the "Service").
ii. The Service is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals accessing the Service from jurisdictions from which it is illegal to do so. Stake is not able to verify the legality of the Service in each jurisdiction and it is the User’s responsibility to ensure that their use of the Service is lawful.
iii. Stake and its licensors are the sole holders of all rights in and to the Service and code, structure and organization, including copyright, trade secrets, intellectual property and other rights. You may not, within the limits prescribed by applicable laws: (a) copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the website; or (b) use the Service in a manner prohibited by applicable laws or regulations (each of the above is an "Unauthorized Use"). Stake reserves any and all rights implied or otherwise, which are not expressly granted to the User hereunder and retain all rights, title and interest in and to the Service. You agree that you will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorized Use. You shall notify Stake immediately upon becoming aware of the commission by any person of any Unauthorized Use and shall provide Stake with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.
iv. The term "Stake", its domain names and any other trade marks, or service marks used by Stake as part of the Service (the "Trade Marks"), are solely owned by Stake. In addition, all content on the website, including, but not limited to, the images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to Stake and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service, you obtain no rights in the Site Content and/or the Trade Marks, or any part thereof. Under no circumstances may you use the Site Content and/or the Trade Marks without Stake’s prior written consent. Additionally, you agree not to do anything that will harm or potentially harm the rights, including the intellectual property rights of Stake.
2. No Warranties
i. Stake disclaims any and all warranties, expressed or implied, in connection with the service which is provided to you "as is" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.
ii. Regardless of Stake’s efforts, Stake makes no warranty that the service will be uninterrupted, timely or error-free, or that defects will be corrected.
3. Authority/Terms of Service
You agree to the game rules described on the Stake.com website. Stake retains authority over the issuing, maintenance, and closing of the Service. The decision of Stake’s management, concerning any use of the Service, or dispute resolution, is final and shall not be open to review or appeal.
4. Your Representations and Authorities
Prior to your use of the Service and on an ongoing basis you represent, warrant, covenant and agree that:
i. There is a risk of losing cryptocurrency when using the Service and that Stake has no responsibility to you for any such loss;
ii. Your use of the Service is at your sole option, discretion and risk;
iii. You are solely responsible for any applicable taxes which may be payable on cryptocurrency awarded to you through your using the Service;
iv. The telecommunications networks and Internet access services required for you to access and use the Service are entirely beyond the control of Stake and Stake shall have no liability whatsoever for any outages, slowness, capacity constraints or other deficiencies affecting the same; and
v. You are (i) aged 18 or over, (ii) you are of the age of majority in your jurisdiction, (iii) you are accessing the Service from a jurisdiction in which it is legal to do so, (iv) you are not currently self-excluded from any gambling site or gambling premises, and (v) that you will inform Stake immediately if you enter into a self-exclusion agreement with any gambling provider.
5. Prohibited Uses
i. PERSONAL USE. The Service is intended solely for the User’s personal use. The User is only allowed to wager for his/her personal entertainment and may not create multiple accounts, including for the purpose of collusion and/or abuse of service.
ii. AML & SANCTIONS COMPLIANCE. Stake expressly prohibits and rejects the use of the Service for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms. To that end, the Service is not offered to individuals or entities subject to United States, European Union, or other global sanctions or watch lists. By using the Service, you represent and warrant that you are not so subject.
iii. JURISDICTIONS. Persons located in or reside in Syrian Arab Republic, Islamic Republic Of Iran, The Democratic People's Republic of Korea or Germany (the ”Prohibited Jurisdictions”) are not permitted make use of the Service. For the avoidance of doubt, the foregoing restrictions on engaging in real-money play from Prohibited Jurisdictions applies equally to residents and citizens of other nations while located in a Prohibited Jurisdiction. Any attempt to circumvent the restrictions on play by any persons located in a Prohibited Jurisdiction or Restricted Jurisdiction, is a breach of this Agreement. An attempt at circumvention includes, but is not limited to, manipulating the information used by Stake to identify your location and providing Stake with false or misleading information regarding your location or place of residence.
6. Know your Customer (“KYC”)
i. Without prejudice to any other rights, if a User breaches in whole or in part any provision contained herein, Stake reserves the right to take such action as it sees fit, including terminating this Agreement or any other agreement in place with the User and/or taking legal action against such User.
ii. You agree to fully indemnify, defend and hold harmless Stake and its shareholders, directors, agents and employees from and against all claims, demands, liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of: (i) your breach of this Agreement, in whole or in part; (ii) violation by you of any law or any third party rights; and (iii) use by you of the Service.
8. Limitations and Liability
i. Under no circumstances, including negligence, shall Stake be liable for any special, incidental, direct, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use (or misuse) of the Service even if Stake had prior knowledge of the possibility of such damages.
ii. Nothing in this Agreement shall exclude or limit Stake’s liability for death or personal injury resulting from its negligence.
Stake reserves the right to update or modify this Agreement or any part thereof at any time or otherwise change the Service without notice and you will be bound by such amended Agreement upon posting. Therefore, we encourage you check the terms and conditions contained in the version of the Agreement in force at such time. Your continued use of the Service shall be deemed to attest to your agreement to any amendments to the Agreement.
Any claim, dispute, difference or legal action arising out of or relating to the Service or the Agreement shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (the “HKIAC”) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Curaçao law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in English.
12. Governing Law
The Agreement and any matters relating hereto shall be governed by, and construed in accordance with, the laws of Curaçao. You irrevocably agree that, subject as provided below, the courts of Curaçao shall have exclusive jurisdiction in relation to any claim, dispute or difference concerning the Agreement and any matter arising therefrom and irrevocably waive any right that it may have to object to an action being brought in those courts, or to claim that the action has been brought in an inconvenient forum, or that those courts do not have jurisdiction. Nothing in this clause shall limit the right of Stake to take proceedings against you in any other court of competent jurisdiction, nor shall the taking of proceedings in any one or more jurisdictions preclude the taking of proceedings in any other jurisdictions, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
If a provision of this Agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect the validity or enforceability in that jurisdiction of any other provision hereof or the validity or enforceability in other jurisdictions of that or any other provision hereof.
Stake reserves the right to assign this agreement, in whole or in part, at any time without notice. The User may not assign any of his/her rights or obligations under this Agreement.
i. No waiver by Stake of any breach of any provision of this Agreement (including the failure of Stake to require strict and literal performance of or compliance with any provision of this Agreement) shall in any way be construed as a waiver of any subsequent breach of such provision or of any breach of any other provision of this Agreement.
ii. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any third parties not party to this Agreement.
iii. Nothing in this Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and Stake.
iv. Stake may assign, transfer, charge, sub-license, or deal in any other manner with this Agreement, or sub-contract any of its rights and obligations under this Agreement, to any other party.
v. This Agreement constitutes the entire understanding and agreement between you and Stake regarding the Service and supersedes any prior agreement, understanding, or arrangement between you and Stake.