Terms and Conditions
Effective as of August 22, 2022
By registering an account or otherwise accessing the Services, to the maximum extent permitted under applicable law, you agree that any claim, dispute or controversy of whatever nature arising out of or relating to these Terms and/or your use of the Services shall be resolved by final and binding arbitration in accordance with the process described in section 15 below.
Use of our Services
Sitago’s Services include an online platform for online games, cash competitions and cash tournaments, using web applications, tools and services that we may provide from time to time. Certain features and competitions may require you to register with Sitago and create an account on our Services.
All competitions and tournaments offered on the Services are games of skill. Winners are determined solely by exercising their skill to achieve the objective criteria described in the rules, scoring, and any other applicable documentation associated with the competitions. From all entries received for each competition, the individuals who use their relevant skill and knowledge to accumulate the winning score or points according to the corresponding rules will be the winner(s). The Services may not be used for any form of gambling. The results and winners of each tournament are determined by the Services automatically based on the actual data received during the course of the game. The list of winner will be displayed after each tournament. By registering and participating in any tournament, you agree that the results are final and cannot be appealed, unless otherwise stated in the Services.
Using the Services requires an internet connection to our servers, and we may need to collect certain information from you and your internet-enabled device (“Device”) in order to make the software and Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account.
We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.
This Services are intended solely for users who are 18 years of age (unless the applicable age of majority in your jurisdiction of residence is higher; “Age of Consent”) or older, and any registration, use or access to the Services by anyone under the Age on Consent is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under the Age of Consent, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof).
By accessing the and/or otherwise using Services, you represent and warrant that you: (i) are over the 18 or over the legal age of majority under applicable law in the jurisdiction in which you reside, (ii) have the legal power to form a binding contract with Sitago, (iii) are physically located in a jurisdiction in which participation in the competition you select is unrestricted by that jurisdiction’s laws, and (iv) agree to at all times abide by these Terms and all applicable laws. If you do not meet all of these requirements, you must not access and/or use any of the Services, and we may suspend or close your account with or without notice.
Sitago employees and immediate family members (an “Immediate Family Member” means any domestic partner or relative of the employee who resides at an employee’s residence, including but not limited to parents, grandparents, in-laws, children, siblings, and spouses) are not permitted to play in any public competitions hosted on the Services, unless stated otherwise in our policies.
When you create an account, you will be asked to provide certain information, which may involve: (a) registering a unique username and password; (b) providing contact information, such as your name, phone number, and email address; (c) payment and billing information; and (d) any other information we request on the account registration process. You may only register for a single account and may not use or access multiple accounts at the same time.
You are responsible for keeping your account information secure. Please do not share your account information with anyone and notify us right away if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.
As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; (ii) access the Services through your account; or (iii) accept or use prizes from your account. Neither your account nor prizes won from participating in competitions are transferable to any other person or account.
We reserve the right to investigate your account to ensure compliance with these Terms and applicable laws, including by performing background checks and credit checks, verify your registration details (e.g. name, address, age, and payment methods used), at any time, by requesting certain documents or processing your technical data. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request that the said document copies are notarized, meaning that the documents are stamped and attested by a Public Notary. In the event our requests for documents are not completed by you or we determine that you or your account have been involved in any illegal or improper activity, we may at our sole discretion terminate your account, and withhold any funds that are present therein, without any notice or liability.
You agree to update any provided information or data or to provide additional items as part of our ongoing efforts to prevent illegal and fraudulent activities, and/or to comply with any other policies or protocols we elect to put in place. You agree that all information and data that you provide to us either at the time you register for an account or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age verification and identification services to verify your account.
In order to encourage users to succeed in our games, we may publish data relating to the most successful users in the games according to various categories of users and statistics, as set upon our sole discretion. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.
Compliance with laws
You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes and/or any other reference to Sitago’s Services may govern your participation in competitions (“Gaming Laws”) and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction.
You are solely responsible for your compliance with all applicable laws. Access to competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. Services and competitions are void where prohibited or restricted by Gaming Laws. Your participation in competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block access from any Prohibited Jurisdiction.
We do not offer cash competitions (as defined below) to users participating in competitions in any state in which such competitions violate Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions (as defined below).
You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Sitago’s sole discretion due to local legislation requirements or any other reason, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.
You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.
You may not (and shall not permit any third party to) either (a) take any action or (b) upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission on or through the Services that: (i) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Sitago may determine in its sole discretion; (ii) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party; (iii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; (iv) involves commercial activity not expressly permitted by Sitago; (v) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of Sitago, its users, or any other individual or entity; (vi) uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that access the Services in a manner that sends more request messages to Sitago’s servers than a human can reasonably produce in the same period of time; or (vii) impersonates any individual or entity, including, without limitation, employees or representatives of Sitago. You shall be solely responsible for any and all acts, omissions, or content of any kind that you make available (by uploading or otherwise) or use through the Services.
You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited to, the opening and/or use of multiple accounts; the use of unauthorized or altered software or hardware to assist play; intentionally poor play in certain games to achieve competitive advantage; collusion with other players (e.g. intentionally losing matches in cash competitions); deliberate transfer of money between accounts (e.g. for money laundering); harassment of other participants; posting objectionable material; breach of these Terms; breach of security of your account; or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (1) immediate termination of your account and blocking of your access to the Services, without any liability to you; (2) any prizes that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any prizes received by you shall be subject to disgorgement and/or recoupment. Your Abuse may entitle Sitago for indemnification as detailed in section 10.
In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities.
Any attempt to deliberately Abuse the Services or undermine the legitimate operation of any competition is a violation of criminal and/or civil laws and should such an attempt be made, Sitago reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.
You further acknowledge that the forfeiture and/or return of any prize as a result of a violation of these Terms shall in no way prevent Sitago from pursuing criminal or civil proceedings in connection with any Abuse.
Third party services
Limitation of liability
By using the Services, you understand and agree that Sitago’s liability in connection with your use of the Services is as set forth below. Under no circumstances shall Sitago, its parents, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the “Sitago Entities and Individuals”), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to (1) the Website, the Services, or your uploaded information; (2) the use of, inability to use, or performance of the Services; (3) any action taken in connection with an investigation by Sitago or law enforcement authorities regarding your use of the Services; (4) any action taken in connection with copyright owners; (5) any breach of these Terms; (6) any transaction, purchase or activity made on your account; or (7) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Sitago Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Sitago Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
In no event shall the Sitago Entities and Individuals’ total liability to you for all damages, losses, or causes of action exceed one hundred U.S Dollars ($100). The Sitago Entities and Individuals are not responsible for any damage to your and any third parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Sitago’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Sitago and/or its parents, subsidiaries, and/or affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.
By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law, including, to the extent applicable, California Civil Code section 1542, that otherwise might limit your waiver of such claims.
Disclaimer of warranties
The Services are provided on an “as is” and “as available” basis, without any warranty of any kind, either express or implied. Sitago strives to keep its Services up and running; however, all online services suffer occasional disruptions and outages.
In addition, Sitago is not responsible in any way for the games you play or for your Device, including for any communication or other errors in such games or Device, and such errors might be counted as losses in competitions you participate in. Sitago does not provide any warranty regarding the Services, Website or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Sitago does not warrant or guarantee protection from viruses or other computer system malware. Sitago does not claim or guarantee that the Services shall be uninterrupted, or that the Services shall be error free. Sitago does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that use of our Services will generate you any profits. We do not and cannot take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement.
You agree to defend, indemnify, and hold Sitago Entities and Individuals harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of and access to the Services, including, without limitation, (i) any data or work transmitted or received by you; (ii) your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any country as applicable to you and Sitago; (v) any claims or damages that arise as a result of any of your user submissions or any other content that is submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
Sitago’s Intellectual property rights
The Services, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items, and any part thereof, including derivative works, of Sitago and other companies serviced by Sitago are the property of Sitago or their respective owners. Subject to these Terms, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services; (v) use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from Sitago. You are responsible for all use of the Services that is under your possession or control. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. You may choose to or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Sitago under any fiduciary or other obligation, that we are free to disclose the Feedback on a non-confidential basis to anyone or otherwise use the Feedback without any additional compensation to you. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.
The Services may include an opportunity to earn or purchase virtual in-game currency, including but not limited to virtual coins, points, credits, bonuses and/or chips all for use in the Service (“Virtual Items”). Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.
If you wish to purchase Virtual Items, you may be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Sitago or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, whether “awarded” in a game or “purchased” from Sitago, or any other attributes associated with an account or stored on the Services. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in Sitago’s sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items outside the Services, or attempt to sell, give or trade in the “real world” anything that appears or originates in the Services unless otherwise expressly authorized by Sitago in writing.
Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services, without Sitago’s written permission. Doing so is a violation of these Terms and may result in termination of your account and/or legal action taken against you, any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Sitago retains the right to manage, regulate, control, modify, change the price of and/or eliminate Virtual Items at its sole discretion, and Sitago shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Sitago may selectively remove or revoke Virtual Items associated with your account in its sole discretion.
Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on our Services or otherwise expressly authorize. Sitago does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.
When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.
Other than charges to your account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.
You acknowledge that Sitago is not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Sitago’s sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended and/or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.
Winnings, account funds and payments
All fees and payments for Services that require your payments (“Fee(s)”) shall be made known to you prior to entry in any competition or tournament. If you agree to enter a competition, you agree to pay those Fees associated with entry. All Fees are stated in U.S. Dollars, must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. We may change the Fees at any time, but no price change will affect your past purchases. Unless otherwise required by law, all Fees are final and no refunds are given
By providing us with a payment method, you (i) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; and (ii) authorize us to charge you for the Services using your payment method. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If you believe that you have paid any Fees in error, you must notify us within 30 days after the error occurs. We will then promptly investigate the charge. If you don’t notify us within that time, we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund. If we identify a Fee error, we will correct that error within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
We may, from time to time in our sole discretion, grant you free bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your account, you will forfeit all Bonus Funds currently in your account.
If you are a Cash Player, you may request a withdrawal of funds from your available account balance at any time. Processing of requested funds may take up to ninety (90) days; provided, however, that we may freeze your account and/or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, KYC check, verification of eligibility, or to comply with applicable laws.
If we unilaterally close or terminate your account due to your violation of these Terms, or if you choose to close your account, any funds in your account will be forfeited. If you want to withdraw funds from your account, you must do so before requesting to close your account.
If your account is inactive (i.e. you have not entered at least one (1) competition or tournament) for six (6) consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month (the “Monthly Maintenance Fee”). After five (5) or more months of inactivity, you will be notified by email associated with your account that if your account remains inactive for one (1) more month we may close it, at our sole discretion. The Monthly Maintenance Fee will be deducted from your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account.
Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are reviewed and graded, prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Sitago’s sole discretion.
Sitago reserves the right to cancel competitions at any time. In the event of a cancellation, all entry fees will be refunded to you except as specifically provided in these Terms or applicable rules.
You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation and/or criminal prosecution.
You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. We may send you federal or state tax forms and/or other appropriate form(s) if your total deposit/withdrawal is equal six hundred dollars ($600.00) or more in any given calendar year, or as legally required. Without limiting the foregoing, we may withhold from your existing account balance and/or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.
Term and termination
These terms apply to you and to us from the date that you accept them as provided above. You may terminate your Sitago account at any time and for any reason by sending us a support request at: email@example.com or following the instructions provided in the Services. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate. Sitago may terminate these Terms in its sole discretion without providing any notice to you.
Sitago may, at its sole discretion, deny or delay a request to terminate your Sitago account, if it has any reason to believe, in its sole discretion, that you have breached your obligations under these Terms, or any applicable laws.
Sitago may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms.
Arbitration and Class action waiver
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Sitago relating in any way to or arising out of these Terms or your use of, or access to the Services, will be resolved in accordance with the provisions set forth in this section 15. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you may have against us are resolved.
You agree that, the laws of the state of Israel, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between us.
We will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Sitago relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration.
In all events, each party hereby knowingly, voluntary and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.
You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless both you and Sitago agree otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Sitago users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Sitago’s right to appeal the court’s decision. All other claims will be arbitrated.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable.
The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA’s commercial arbitration rules (as applicable), as modified by this agreement.
The arbitration shall be held in Tel Aviv, Israel or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Sitago may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Sitago, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
To the extent permitted by applicable law, any claim or dispute under these Terms and use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute isn’t filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.
With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.
Modification of Terms or Services
We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that we may notify you of any updated or new Terms by posting notice on the Services, by providing you notice at the email address associated with your account or as we otherwise deem fit. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Services.
We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: (i) stop offering and/or supporting the Services or any particular game or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify and/or waive any fees charged in connection with the Services; and/or (viii) offer opportunities to some and all users of the Services. If that happens, Sitago is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for virtual goods previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of the courts of Tel Aviv, Israel.
Assignment of rights
You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Sitago may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.
No Waiver and Force Majeure
Sitago’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Sitago will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
Any and all terms and conditions within these Terms that should, by their nature, survive termination of these Terms, will survive such termination. In addition, you agree that the following provisions of these Terms shall survive termination of the Services, for any reason whatever: Compliance with, laws, Prohibited uses, Limitation of liability, Indemnification, Sitago’s intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law.
Severability of clauses
The Terms posted on this page, the policies and any other agreements between the parties that are incorporated herein by reference, as amended, constitute the entire Terms between you and Sitago. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
If you have any questions about these Terms or Sitago’s Services in general, please contact us at: firstname.lastname@example.org. Subject to the content of your inquiry, Sitago may request that you provide additional information in order to allow the appropriate handling of your inquiry.
Last modified: August 22, 2022
Sitago Ltd. (“Sitago”, “we”, “our” or “us”) develops and operates online skill-based games. We also operate the website: http://22.214.171.124, its subdomains and its related features (“Website”, and together with the Apps, the “Services”).
Specifically, it describes our policy regarding –
We strongly urge you to read this Policy and make sure that you fully understand and agree to it. By using the Services, including by accessing our Website, you signify your acceptance of this Policy. If you do not agree to the terms of this Policy, please do not use our Services. Your continued use of the Services following the posting of changes to this Policy will mean that you accept those changes.
You are not legally required to provide us with any Personal Data, but without it we will not be able to provide you with the full range or with the best experience of using our Services.
From whom we collect Personal Data
This Policy applies to Sitago’s collection, use, and disclosure of Personal Data of the following categories of individuals:
Website Visitors– individuals who visit our Website and who may volunteer certain contact data (such as their email address) to receive communications from us (“Website Visitors”).
Developers – those who register on their own or on behalf of an entity or organization to use and upload their games to our platform (“Developers”).
End Users– individuals who register to our platform in order to use our Services and play the games offered by Sitago (“End Users”).
What types of data we collect?
We collect two types of data from you: Personal Data (“Personal Data”) and non-Personal Data. Personal Data means any information which may potentially allow your identification with reasonable means (for example, email address or name). Non-Personal Data, by contrast, can be defined as any information that does not relate to an identified or identifiable natural person. This may include, for example, your aggregated usage information and technical information transmitted by your device (e.g. the device you use, the type of browser and operating system your device uses, language preference, access time, etc.). This section sets the types of data we collect and process.
A. Non-Personal Data
If we combine Personal Data with non-Personal Data, the combined information will be treated as Personal Data for as long as it remains combined.
B. Personal Data
From End Users:
Account Information. If you choose to register an account with our Services, we collect your full name, email address, phone number, birthdate and username. In addition, we may collect certain information for Know Your Client (“KYC”) and Anti-Money Laundering (“AML”) purposes, such as, but not limited to your physical address, governmental issued ID and source of funds.
If you choose to log in, access or otherwise connect to the Services through a social networking service or a single sign on service (such as Facebook, Twitter, Instagram, Google, Apple etc.), we may collect your user ID and/or username associated with that social networking service, as well as any information you make public using that social networking service or that the social networking service allows us to access.
Payment Information. When you decide to deposit money in our Services, you will be required to provide use with your billing information. The information you will need to submit depends on which billing method you choose. For example, if you pay with a credit card, we will collect your name and card information.
Usage Information. When you use our Services, we collect certain usage and gameplay data about your interaction with our Services. Such information may include geolocation data, clicks, pages viewed, information regarding your scoring, win/loss rates and other gameplay data, which relates to your activity in the Services.
Technical Information. When you use our Services, we collect technical information about your device. Such information may include geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), operating system, browsing history, language, mobile carrier, device information etc.
Communication Information. When you send us an email or contact us via the support in our Services, we collect the Personal Data you provide us. This may include your name, email address and any other information you choose to provide.
Account Information. If you choose to register an account with our Services, we collect your full name, email address, phone number, address etc.
Payment Information. When you register to our Service, you will be required to provide use with your billing information, in order to allow us to make payment to you. The information you will need to submit depends on which billing method you choose.
Technical Information. When you use our Services, we collect technical information about your device. Such information may include geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), operating system, browsing history, language, mobile carrier, device information etc.
Communication Information. When you send us an email or contact us via the support in our Services, we collect the Personal Data you provide us. This may include your name, email address and any other information you choose to provide.
From Website Visitors:
Technical Information. When you enter our Website, we collect technical information about your device. Such information may include geolocation data, IP address, unique identifiers (e.g. MAC address and UUID), operating system, browsing history, language, mobile carrier, device information etc.
Communication Information. When you send us an email or contact us via the support in our Website, we collect the Personal Data you provide us. This may include your name, email address and any other information you choose to provide.
What types of Tracking Technologies do we use?
When you use or access our Services, we use the following categories of Tracking Technologies:
Strictly Necessary Tracking Technologies – these Tracking Technologies are automatically placed on your computer or device when you access our Services or take certain actions on our Websites. These Tracking Technologies are essential to enable you to navigate around and use the features of our Services. We do not need to obtain your consent in order to use these Tracking Technologies;
Tracking and Advertising Tracking Technologies – these Tracking Technologies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of an advertising campaign. The Tracking Technologies remember the websites you visit and that information is shared with other parties such as advertisers, publishers and ad networks. Publishers, advertisers, and third-party ad networks may also utilize Tracking Technologies or similar technologies to deliver ads and monitor the performance of such ads. The collection of information through Tracking Technologies by such third parties will be governed by their own privacy /cookie policies and principles, which the Company does not control;
Functionality Tracking Technologies – these Tracking Technologies allow our Services to remember choices you make (such as your language) and provide enhanced and personalized features. For example, these Tracking Technologies are used for authentication (to remember when you are logged-in) and support other features of our Services;
Performance Tracking Technologies – these Tracking Technologies collect information about your online activity (for example the duration of your visit on our Services), including behavioural data and content engagement metrics. These Tracking Technologies are used for analytics, research and to perform statistics (based on aggregated information).
How and by whom Tracking Technologies are stored on your device?
We store Tracking Technologies on your device when you visit or access our Services (for example, when you are visiting our Website) – these are called “First Party Tracking Technologies”. In addition, Tracking Technologies are stored by other third parties (for example, our analytics service providers, business partners, and advertisers), who run content on our Services – these are called “Third Party Tracking Technologies”. Both types of Tracking Technologies may be stored either for the duration of your visit on our Services or for repeat visits.
There are various ways in which you can manage and control your Tracking Technologies settings. Methods for managing your Tracking Technologies preferences include: changing your browser settings to send a “Do-Not-Track” signal. In such case, your browser will send us a special signal to stop tracking your activity; However, please note that certain features of the Website may not work properly or effectively if you delete or disable cookies.
To learn more about how can manage your cookies, below is a list of useful links that can provide you with more information on how to manage your cookies:
You can learn more and turn off certain third party targeting and advertising cookies by visiting the following third party webpages:
The Interactive Advertising Bureau (US)
The Interactive Advertising Bureau (EU)
European Interactive Digital Advertising Alliance (EU)
You can withdraw your consent to personalized advertising experience on your mobile device at any time by using your device settings as follows. Depending on the applicable iOS version, you may withdraw consent across all apps by either enabling the “Limit Ad Tracking” setting or disabling the “Allow Apps to Request to Track” permission in your iOS device settings. Depending on the applicable iOS version, instead of withdrawing consent on a device-wide basis, you may also have the option of withdrawing consent on a per-app basis by disabling tracking permissions for specific apps that appear under the “Allow Apps to Request to Track” setting in your iOS device settings (precise directions may differ depending on the applicable iOS version.)
Why we process your Personal Data?
This section explains for what purposes we use your Personal Data and outlines the legal bases that underlie our usage.
Purpose and Legal basis
Provision of our Services; support. We use your Personal Data, such as your name and email address, for consumer services purposes. This includes, for example, responding to your inquiries. The legal bases for processing this data are the performance of our contractual obligations towards you; your consent (for example, when you provide Personal Data); and our legitimate interests. Our legitimate interests in this case are providing our Services and enforcing our policies.
Payments. We collect certain information about your payment instruments for the purpose of connecting your payment instrument to your account on our Services, and sending to you statements, invoices, and payment reminders. The legal bases for processing this data are the performance of our contractual obligations; the protection of our legitimate interests, in this case billing for the Services provided by us.
Improve our Services. We collect and analyse information about you and your usage of our Services to improve the usability and effectiveness of our Services. The legal bases for processing this data are our legitimate interests, in this case – providing and improving our Services.
Marketing and Advertising. We may use Tracking Technologies (which may collect Personal Data) in order to provide you with personalized advertisements when you visit our Services. In addition, we may use your Personal Data for certain marketing and promotional activities. The legal bases for processing this data are your consent (where required) and our legitimate interests. Our legitimate interests in this case are providing you with tailored services, content and advertisements that better correspond with your interests.
Integrity. We may process certain information about you and your use usage of the Service in order to keep the integrity and security of the Services, prevent fraud, identify your identity and enforce our policies. The legal bases for processing this data are your consent (where required), compliance with our legal obligations and our legitimate interests. Our legitimate interests in this case are keeping the integrity of our Services and the safety of our end-users.
Compliance with our legal obligations. We may use your Personal Data to assist us with meeting our regulatory obligations or as required by law or regulation (KYC and AML regulatory requirements), or as required by other governmental authorities, or to comply with a subpoena or similar legal process or respond to a government request. The legal basis for processing this data is compliance with our legal obligations.
Providing users with a fair, balanced, and competitive experience on our Services is extremely important to us. Therefore, we strictly enforce prohibitions against cheating, hacking, account stealing, and any other unauthorized or fraudulent activity. When you create an account, play our games, or otherwise interact with our Services, we may use a variety of anti-cheat and fraud prevention technologies to help us identify and prevent malicious activity. These services may collect and analyze data about the game binary or your computer to detect cheating, and may be provided by us or by third party service providers.
With whom we share your data?
We may share your Personal Data as described below:
Affiliated companies: we may share Personal Data internally within our affiliated companies, for the purposes described in this Policy.
Payment processors: we share your payment information with third party payment processors, for the purpose of facilitating your payments when using our Services. These third parties may have access to your Personal Data so that they may perform these tasks on our behalf.
Service providers: we work with service providers that work on our behalf that may need access to certain personal data in order to provide their services to us. These companies may include, but are not limited to, cloud storage providers, analytics services, fraud prevention, identity verification providers, etc.
Third party advertisers: we may partner with third parties to either display advertising on our Services or to manage our advertising on other websites or apps. Our third party advertisers may use Tracking Technologies to gather information about your activities on our Services and other websites and apps in order to provide you advertising based upon your browsing activities and interests.
Third Party Integrations: the Services allow you to integrate with certain third party services, such as in order to connect your Facebook or Apple account to our Services or to place purchases, in which case you will be bound by the terms and conditions and privacy notices of said third parties (e.g., Apple, Google or Facebook). Please make sure that you read and accept them in advance. We do not receive or store your passwords for any of these third party services.
Compliance with laws and law enforcement entities: we may disclose any data about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal procedures (including but not limited to subpoenas), to protect our or a third party’s property and rights, to protect the safety of the public or any person, or to prevent or stop any activity we may consider to be, or to pose a risk of being, illegal, unethical, inappropriate or legally actionable. We also may be required to disclose an individual’s Personal Data in response to a lawful request by public authorities, including meeting national security or law enforcement requirements.
Auditors and advisers: we may share your data with our external auditors, advisors and professional service providers (e.g. lawyers, accountants, insurers etc.) for ensuring our compliance with regulatory requirements and industry standards.
Mergers and acquisitions: we may transfer, sell or otherwise share your data if we enter into a business transaction such as a merger, acquisition, reorganization, bankruptcy, or sale of some or all of our assets. Any party that acquires our assets as part of such a transaction may continue to use your data in accordance with the terms of this Policy. If we believe that such change in control might materially affect your Personal Data then stored with us, we will notify you of this event and the choices you may have via e-mail and/or prominent notice on our Services.
Marketing and Advertising
We may use your Personal Data ourselves or by using our third party subcontractors for the purpose of providing you with promotional materials, concerning the Services as well as products, services, websites and applications which relate to: (i) affiliated companies or Company’s business partners and affiliates (collectively: “Marketing Affiliates”), which we believe may interest you.
You may at any time decline receiving further marketing offers from us or from our business partners and Marketing Affiliates by contacting us at [fill in email]
Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you service-related updates and notifications.
This section addresses the specific rights you may have concerning your Personal Data.
If you reside in the EU, or other jurisdiction that offer similar rights, you may request to:
Receive confirmation as to whether or not Personal Data concerning you is being processed, and access your stored Personal Data, together with supplementary information.
Receive a copy of Personal Data you directly volunteer to us in a structured, commonly used and machine-readable format.
Request rectification of your Personal Data that is in our control.
Request erasure of your Personal Data.
Object to the processing of Personal Data by us.
Request to restrict processing of your Personal Data by us.
Please note that these rights are not absolute, and may be subject to our own legitimate interests and regulatory requirements. You are welcome to contact us for any questions, requests or complaints through our contact details below.
We will make an effort to reply within a reasonable timeframe. Please feel free to reach out to us at any time. If you are unsatisfied with our response, you can lodge a complaint with the competent supervisory authority.
Transfer of data
We may transfer your Personal Data to third parties, as set out in this Policy. Such third parties may reside in various jurisdictions around the world. In such circumstances and where required by law, we have put in place contractual measures to ensure that the recipients of your Personal Data provide appropriate safeguards for your data (for example, by training its staff and implementing effective technological and organizational security measures) and are only using it for the purposes of performing their services, or otherwise for those purposes for which we have disclosed your information to them.
How we protect your data?
We have implemented administrative, technical, and physical safeguards to help prevent unauthorized access, use, or disclosure of your Personal Data. While we seek to protect your information to ensure that it is kept confidential, we cannot guarantee the security of any information. You should be aware that there is always some risk involved in transmitting information over the internet and that there is also some risk that others could find a way to thwart our security systems. Such breaches can lead to things such as reputational harm, fraud or identity theft. Therefore, we encourage you to exercise discretion regarding the Personal Data you choose to disclose. If you feel that your privacy was treated not in accordance with our Policy, or if any person attempted to abuse the Services or acted in an inappropriate manner, please contact us directly via our contact details available below.
We do not knowingly collect or solicit Personal Data from anyone under the age of consent (as determined under the applicable laws where the individual resides; “Age of Consent”). By accessing, using or interacting with our Services, you certify to us that you are not under the Age of Consent. In the event that we learn that we have collected Personal Data from an individual under the Age of Consent without verification of parental consent, we will delete that information upon discovery. If you believe that we might have any information from or about an individual under the Age of Consent, then please contact us through the contact details available below.
We will retain your Personal Data for as long as necessary to provide our Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our policies. Retention periods will be determined to take into account the type of information that is collected and the purpose for which it is collected, bearing in mind the requirements applicable to the situation and the need to destroy outdated, unused information at the earliest reasonable time.
Updates to this Policy
We reserve the right to change this Policy at any time. The most current version will always be posted on our Services (as reflected in the “Last Updated” heading). You are advised to check for updates regularly. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Policy.
If you have any further questions, please contact us by email at: email@example.com
Sitago Ltd., [fill in full address]