V 1.1 - Last updated: October 6, 2025
These Terms and Conditions (“Terms” or “Agreement”), together with the Binding Arbitration Agreement and Class Action Waiver (see Section 16), the Sweepstakes Rules, Privacy Policy, and Responsible Social Gaming Policy, collectively “Incorporated Terms”, constitute a binding agreement between you (“You,” “Your,” “User”) and NiyaSG LLC, which owns and operates the website CoinsRoyale.com (“Coins Royale,” “We,” “Us,” “Our,” or “Sponsor”). These Terms govern Your access to and use of CoinsRoyale.com (the “Site” or “Platform”) as well as Your creation of a user account (“User Account”), participation in games, promotions, or contests (collectively, the “Games”), and any other interactions or transactions with us (collectively, the “Services”).
By accessing or using Our Site You confirm that You have read, understood, and agreed to be bound by this Agreement. Continued use of the Site, or any associated content, indicates Your acceptance of any updates to this Agreement.
IF YOU DO NOT AGREE TO ANY TERMS OF THIS AGREEMENT, OR THE INCORPORATED TERMS, DO NOT ACCESS OR USE THE SERVICES.
You confirm that You have the legal right, authority, and capacity to accept and comply with these Terms, that You are of legal age, and that You have fully read and understood them. By checking the acceptance box, creating a User Account, or accessing the Games, You acknowledge and agree to be bound by these Terms.
The Site is in no way sponsored, endorsed, administered by, or affiliated with any third parties, including but not limited to Facebook, Google, and TikTok. All questions regarding the Site and Services must be directed to Us. The integration of third-party sites and applications is provided solely as a convenience to Users, and Users access and use them entirely at their own risk and subject to such third parties' terms and conditions.
IMPORTANT NOTICES
The Site and Services are intended for entertainment purposes only and do not offer real money gambling. No actual money is required to play, and no purchase or payment is necessary to enter or win. A purchase will not increase Your chances of winning. Void where prohibited by law.
PLEASE NOTE THAT THESE TERMS INCLUDE A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH REQUIRE THAT ANY PAST, PENDING, OR FUTURE DISPUTES BETWEEN YOU AND US BE RESOLVED THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION. YOU MAY ONLY BRING CLAIMS ON YOUR OWN BEHALF FOR YOUR OWN LOSSES AND YOU MAY NOT ACT AS A CLASS REPRESENTATIVE OR PARTICIPATE AS A MEMBER OF A CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION. YOU WAIVE THE RIGHT TO BRING CLAIMS ON BEHALF OF OTHERS OR TO SEEK RECOVERY FOR ANYONE OTHER THAN YOURSELF. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL OR TO SEEK DAMAGES THROUGH THE COURT SYSTEM.
IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AGREEMENT FOR CURRENT OR FUTURE CLAIMS—AND HAVE NOT PREVIOUSLY AGREED TO ARBITRATION IN CONNECTION WITH OUR SERVICES—YOU MAY OPT OUT. TO DO SO, YOU MUST FOLLOW THE INSTRUCTIONS IN SECTION 16: BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER WITHIN THE SPECIFIED TIMEFRAME. REQUESTS SUBMITTED AFTER THE 30-DAY WINDOW WILL NOT BE VALID. EVEN IF YOU OPT OUT OF ARBITRATION, ALL OTHER PROVISIONS OF THESE TERMS WILL REMAIN IN EFFECT.
We reserve the right to update or amend these Terms at any time. Any amendments will be reflected in the Terms and Conditions on the Site. We may also update or amend the Incorporated Terms and any such changes will be reflected in the Privacy Policy, Sweepstakes Rules, or Responsible Social Gaming Policy as posted on the Site. Your continued use of the Services after any updates constitutes Your acceptance of the revised Terms and Incorporated Terms. Any amendments or updates are binding and effective immediately. We may, but shall not be required, to notify You of any such changes and it is Your responsibility to check the Terms and Incorporated Terms. Where practicable, We will provide advance notice by posting on the Site and/or emailing the address associated with Your User Account. If You breach any of the Terms, Your authorization to use the Site and Services automatically terminates.
Any questions regarding the Terms and Conditions or Incorporated Terms should be directed to support@coinsroyale.com.
1. PARTICIPATION AND ELIGIBILITY
To be eligible to use the Service:
1.1 You must be at least 21 years of age.
1.2 You must physically reside in the United States including the District of Columbia, with the exception of California, Connecticut, Delaware, Florida, Idaho, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Montana, Nevada, New Jersey, New York, Pennsylvania, and Washington (the “Excluded Territories”), and any other locations where participation is restricted or prohibited by law. It is a User’s responsibility to ascertain whether it is legal in their jurisdiction to participate on Our Site. Any User who knowingly accesses or attempts to access Our Site from an Excluded Territory, for example, through the use or attempted use of a VPN, proxy, or other similar service, is in breach of this Agreement and may be committing fraud and may be subject to criminal prosecution.
1.3 You must not be an employee of NiyaSG LLC or any of its respective affiliates, subsidiaries, holding companies, advertising agencies, or any other company or individual involved with the design, production, execution, or distribution of the Service and each of their respective immediate family (spouse, parents, siblings and children) and household members (people who share the same residence at least three months of the year) are not eligible to participate.
1.4 You participate in the Games solely in Your personal capacity and for recreational and entertainment purposes only.
1.5 You acknowledge and accept that We do not provide legal advice or assurances. It is solely Your responsibility to ensure that You comply with all applicable laws and that You have the legal right to access the Site at all times.
1.6 You are responsible for monitoring Your User Account and ensuring that no one under the age of 21—or any other ineligible person under these Terms or applicable law—accesses the Services through Your account. You accept full liability for any unauthorized use of the Service, including the use of Your credit card or other payment method by a minor or ineligible user. We are not liable for such use, and no refunds or chargeback requests will be honored in these circumstances.
1.7 You participate in the Games solely for Yourself and not on behalf of any other individual.
1.8 You must be the lawful owner of the form of payment accepted by Us and Our third-party payment processing providers if You make any Fun Coins purchases. Using a payment method not owned by the registered User is a violation of these Terms.
1.9 The funds You use, should You wish to purchase Fun Coins, are not derived from any illegal activity or source and have not been obtained through unlawful or improper means.
1.10 You represent and warrant that all information You provide to Us during the validity of these Terms is accurate and true. Submitting false or incomplete information may result in the immediate termination of Your User Account, revocation of any license granted by us, and suspension of Your access to the Service. You will immediately notify Us of any changes to such information.
1.11 You agree not to engage in any fraudulent, collusive, manipulative, or otherwise unlawful activity related to Your participation in any of the Games. You also agree not to use any software-assisted tools (including bots or automated systems) or hardware devices to influence gameplay. We reserve the right to invalidate any participation, including prizes, that violates this provision.
2. YOUR USER ACCOUNT
2.1 In order to access or use the Site and Services, You must first open a User Account. You will be required to enter and verify Your email, to create a password, and enter Your date of birth. Upon opening a User Account, You must check the box to confirm that You have read and agreed to these Terms and Conditions, Sweepstakes Rules and Privacy Policy. If You decide to open an Account via a third party permitted by the Site, e.g., the Facebook or Google login facility, then Your Facebook or Google password will apply. Once registered, We may require you to verify your mobile phone number via an SMS message for security purposes with a one-time password (OTP).
2.2 Only one (1) User Account is permitted per person. In the event We determine that You register or attempt to register more than one (1) Account then We have the right to suspend or terminate all Your User Accounts, and any prizes or Fun Coins and/or Sweeps Coins balance(s) may be voided. If You need to change Your email address, password, or last name, or if You have lost access to Your User Account, DO NOT REGISTER A NEW USER ACCOUNT. You should contact support@coinsroyale.com to have Your existing User Account updated.
2.3 Details provided during User Account creation must be accurate and kept up to date. If any of Your personal or contact information changes—such as Your address, email, or phone number—please contact support@coinsroyale.com. The name You register with must exactly match the name on Your government-issued ID. If We reasonably suspect that information provided to Us during User Account creation, or otherwise thereafter, is untrue, incorrect, or incomplete, We reserve the right to suspend or terminate Your User Account at Our sole discretion.
2.4 You are solely responsible for keeping Your User Account login credentials and any associated Payment Methods secure and accessible only to You. You accept full liability for any unauthorized use of Your User Account, including any activity conducted by a minor, which is strictly prohibited.
2.5 You confirm that You will not share Your User Account access with anyone, nor allow any other person to access or use Your account.
2.6 You are solely responsible for anything that happens through Your User Account, whether or not it was You who took such actions, including for any purchases.
2.7 Your password should be kept secret and changed periodically. We will never ask You for Your password, or initiate contact with You asking for Your password.
2.8 If You become aware of or suspect that Your User Account has been compromised, You must notify Us immediately at support@coinsroyale.com.
2.9 You will not access a User Account that has been sold, traded, or transferred, nor will You sell, trade, or transfer Your User Account to any third party.
2.10 If You wish to close Your User Account, You may do so at any time by contacting support@coinsroyale.com. Please note that closing Your account will result in the forfeiture of all access to, and any rights to use or benefit from, any Fun Coins, Sweeps Coins, and unredeemed prizes associated with Your User Account.
2.11 An Inactive User Account is an account which has not been accessed for a period of 180 days consecutively. We reserve the right to suspend or terminate accounts that have been inactive for 180 days. Should Your User Account have a Fun Coins and/or Sweeps Coins balance greater than zero, We will attempt to contact You via email before taking any action. If We do not receive a response, and if Your account remains inactive for an additional fourteen (14) days after contact, We may suspend or terminate the account, and any remaining balance may be forfeited.
2.12 We reserve the right to place limits on, suspend, close, or refuse to open a User Account at Our sole discretion and Our decision to refuse to open or to close a User Account shall be final. You shall have no right to appeal such decision.
2.13 In addition to our rights in Section 2, We may, at our sole discretion, suspend or permanently close Your User Account - regardless of any other terms in this Agreement - if We have reason to believe that You have engaged in, or are likely to engage in, any of the following activities:
2.13.1 You have violated, or assisted another person in violating, any part of these Terms or the Incorporated Terms, or We reasonably suspect such a violation;
2.13.2 You register more than one User Account;
2.13.3 Your communications with us include harassing, abusive, threatening, defamatory, or otherwise offensive content, including language that is racist, sexually explicit, pornographic, or obscene;
2.13.4 You are under twenty-one (21) years of age;
2.13.5 You are located in one of the Excluded Territories;
2.13.6 You are unable or unwilling to verify Your identity, source of funds, or source of wealth as part of Our verification procedures;
2.13.7 You have provided falsified, inaccurate, or misleading information to us;
2.13.8 You have engaged in fraudulent behavior, collusion, cheating, or activity consistent with money laundering;
2.13.9 You have used any automated system, script, bot, software, or other mechanism to gain an unfair advantage in participating in any aspect of the Site or You try to tamper with any of the computer programs associated with the Site.
If We have reasonable grounds to believe that You have engaged in any of the activities described in Section 2.13 above, We may, at Our discretion, forfeit any part of Your account balance, and/or recover any Prizes, Fun Coins, and/or Sweeps Coins that We determine are connected to such conduct. You acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from informing the relevant authorities, and/or pursuing criminal or civil proceedings in connection with such conduct.
These rights described in this Section 2 are in addition to, and do not limit, any other rights or remedies available to Us under these Terms.
3. LIMITED LICENSE TO THE COINS ROYALE WEBSITE
3.1 The Service grants You a limited License (defined below) to use virtual in-game tokens in the form of Fun Coins and Sweeps Coins to participate in Games on the Site. Regardless of terminology or game format, Fun Coins and Sweeps Coins are non-transferable and may only be used under the terms of this License.
3.2 Subject to Your acceptance of, and ongoing compliance with these Terms and Conditions, We grant You a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license (“License”) to access and use the Site and Services, including its content, Games, Fun Coins, and Sweeps Coins, solely for Your own private, recreational use, through a supported web browser or mobile device - provided You are not located in an Excluded Territory. Except for the limited, personal, revocable, non-transferable, and non-sublicensable License granted to use Fun Coins and Sweeps Coins on the Site, You have no ownership, rights, or title in any such Fun Coins or Sweeps Coins appearing or originating within the Site, or any other attributes associated with use of the Services or stored within the Site. You acknowledge and agree that Your License to use the Site is limited by these Terms and if You do not agree to, or act in contravention of these Terms, Your License to use the Site may be immediately terminated. We reserve the sole right to manage, regulate, control, modify and/or eliminate Fun Coins and Sweeps Coins as We see fit in Our sole discretion to the extent permitted by law, and We shall have no liability to You or anyone for the exercise of such rights.
3.3 You are strictly prohibited from selling, transferring, or assigning Your Fun Coins or Sweeps Coins or User Account to any other person under any circumstances. Any attempt to do so is a violation of these Terms and will result in the immediate termination and forfeiture of Your User Account, a permanent ban, and potential legal action.
3.4 You are not required to make a purchase to create a User Account or play Games. The Site offers continued access to free-to-play Games and may provide additional Fun Coins to Users who deplete their balance. While purchases are never mandatory, Users may choose to buy Fun Coins - subject to the License. You understand and agree that any purchases are final and that no refunds will be issued for any reason to the extent permitted by law. Fun Coins are non-transferable and carry no monetary value. All Fun Coins and Sweeps Coins under this License are forfeited if Your User Account is terminated or suspended for any reason, in Our sole and absolute discretion or if the Services are no longer available. To the extent legally permissible, if Your User Account, or a particular subscription for the Service associated with Your User Account, is terminated, suspended and/or if any Fun Coins or Sweeps Coins are selectively removed or revoked by us from Your User Account, no refund will be given in the case of Fun Coins, and no Sweeps Coins will be able to be redeemed as prizes.
3.5 These Terms and Conditions do not grant You any rights, title, or interest in the Site or any Games, content, or Services.
3.6 This Service is provided under License and not sold to You. You agree We and Our own licensors reserve and shall retain all rights, title, and interest in and to the Services, including all copyrights, trademarks, and intellectual property rights therein or relating thereto, as further specified in Section 9. You agree not to delete, or alter any copyright, trademark, or other proprietary rights notices or markings that appear on or within the Service.
3.7 You agree not to:
3.7.1 Sell, rent, lease, distribute, license, sublicense, publish, transfer, lend or otherwise assign any rights in any part of the License or Service to any third party for any reason;
3.7.2 Copy, translate, adapt or create derivative works of the Service, including any software that forms part of the Service or reproduce the Service or any part of it by any means, including, without limitation, making any modifications to the Service, whether or not patentable;
3.7.3 Exploit the Service in any unauthorized manner, including but not limited to interfering with its operation by trespass or burdening network capacity;
3.7.4 Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Service or any part thereof, or authorize or permit a third party to do so;
3.7.5 Share, distribute, or otherwise make the Service accessible to multiple users through any method, including uploading to file-sharing platforms, hosting on external servers, or enabling simultaneous access from multiple devices over a network;
3.7.6 Misrepresent the source or ownership of the Service;
3.7.7 Collect data, extract content, or compile databases from the Service, including through scraping or creating permanent copies of any content related to the Service;
3.7.8 Use the Service to engage in harassment, abuse, threats, stalking, defamation, or to infringe upon the legal rights of others, or in any way that violates applicable laws.
4. GAMES
The Service offers a variety of Games. We reserve the right to add, remove, or replace Games at any time without prior notice. Each Game is subject to its own rules and pay tables and/or win tables, which are in addition to these Terms and are available on the Site. It is Your sole responsibility to review the applicable rules and understand and follow the terms of play before participating in any Game.
We reserve the right to void participation in a Game —either in whole or in part—if, at Our sole discretion, We conclude that it was affected by an error, be it human, system, or technological, misprint, or mistake related to the win tables, pay tables, stakes, odds, or game software. All decisions made by Us regarding the administration and operation of Our Games are final and not subject to appeal. In the event of any discrepancy between the result displayed on a User’s device and the result recorded by Us, Our result shall be deemed final and binding.
Games may be played using either Fun Coins (“Fun Coins”) or Sweeps Coins (“Sweeps Coins”).
The Fun Coins games are played exclusively using Fun Coins, which are a virtual currency that holds no value. Fun Coins games do not award cash prizes; rather, all prizes or winnings derived from gameplay are awarded as additional Fun Coins (which are not redeemable). Fun Coins may be awarded free of charge upon registering for an account, at periodic intervals when You log in to the Site, or may be purchased.
The Sweeps Coins games are played exclusively using Sweeps Coins, which are a sweepstakes-based currency, and can never be purchased. Sweeps Coins are only available via promotional methods and may be given free of charge upon registering for an account. The Sweeps Coins games award Sweeps Coins as prizes, which may (subject to restrictions) be redeemed for cash prizes (“Prizes”). Sweeps Coins can never be purchased and are only available via promotional methods. Please see the additional terms for Sweeps Coins games, including how to obtain them, in the Sweepstakes Rules.
If Fun Coins or Sweeps Coins are ever mistakenly credited to Your User Account—whether due to a system error, human error, or other issue—those Fun Coins and Sweeps Coins remain Ours and will be removed from Your User Account. If You receive a prize redemption in error and realize it before We do, the value of that mistaken payment will be treated as a debt You owe to Us. If you become aware of any incorrect addition of Fun Coins and/or Sweeps Coins to Your User Account, please contact Us immediately at support@coinsroyale.com.
5. PURCHASES OF FUN COINS
5.1 Any card, digital wallet, bank account, or other financial instrument used to purchase Fun Coins is the payment method (“Payment Method”). The name on Your Payment Method must exactly match the name registered to Your User Account. If We identify a discrepancy, Your account may be suspended, Your purchases may be canceled, and any balance may be adjusted or removed. You are required to notify Us promptly if Your Payment Method is, or is suspected to be, lost, stolen, or compromised in any way.
5.2 You agree to provide Us with Your first and last name, valid residential address, date of birth, gender, and any other information We may require in order to run appropriate identity checks and comply with applicable rules and regulations prior to making any purchase. You are responsible for and agree to pay all fees and any other liability incurred that were caused by or arising out of payments that You authorized or accepted or that were authorized or accepted using Your User Account (even if not authorized by You).
5.3 You acknowledge and agree that We may appoint one or more third-party payment agents/processors (“Payment Agents”) to process or make payments from or to You on Our behalf, without prior notice.
5.4 By accepting these Terms, You authorize us and/or Our appointed Payment Agents, to store Your payment credentials (such as card numbers or tokens) for the purpose of processing future transactions, in accordance with applicable payment processing regulations.
5.5 The Payment Agent shall have the same rights, powers, and privileges that We hold under these Terms. They may exercise or enforce these rights either on Our behalf or in their own name. We are not liable for any loss, damage, or liability arising from the negligence of a Payment Agent, or from any actions they take beyond the scope of authority granted by Us, to the extent permitted by law.
5.6 If one or more of Your purchases is subject to a chargeback or disputed payments for a purchase of Fun Coins, we may, our Our sole discretion, suspend or restrict Your account pending investigation. If the chargeback is determined to be unjustified or fraudulent, We may permanently terminate Your account, remove any balance of Fun Coins and/or Sweeps Coins, or withhold future purchases of Fun Coins. The amount of any chargeback will be considered a debt owed by You to Us, and You must immediately repay that amount using an alternative Payment Method, including any additional fees, penalties, or charges incurred as a result of the chargeback.
5.7 All Fun Coins purchases will be in USD.
5.8 Fun Coins are added to Your account immediately after a successful purchase. However, delays may occur due to circumstances beyond Our control, such as poor internet connectivity, system outages, or other force majeure events. Your purchase will appear on Your payment statement as a purchase from either Coins Royale, CoinsRoyale, NiyaSG, or NiyaSG LLC.
5.9 For each purchase, You will receive two confirmations: (i) an on-screen confirmation at the time of purchase; and (ii) an email sent to the address associated with Your User Account.
5.10 When You log into Your User Account Your Fun Coins balance will be displayed at the top of Your screen.
5.11 Sweeps Coins will expire in the event Your User Account has no gameplay activity for a consecutive period of sixty (60) days.
You acknowledge and agree that all purchases are final, and We are not obligated to provide any refunds for any reason. Funds used to purchase Fun Coins will not, and cannot, be refunded to You, to the extent permitted by law.
6. PROMOTIONS
All promotions—including contests, special offers, and bonuses—are governed by these Terms and Conditions, the Sweepstakes Rules, and any additional terms provided at the time of the promotion. If there is any conflict between these Terms and Conditions and the specific terms of a promotion, the promotion-specific terms will take precedence. We reserve the right, at Our sole discretion and without obligation to provide a reason, to alter or exclude You from any promotions that may be offered.
We reserve the right to disqualify You from any promotions or special offers if We determine that You have attempted to participate using multiple User Accounts or have engaged in fraudulent or unlawful activity to abuse the promotion (including conduct that violates applicable law). In cases of multiple accounts or suspected abuse, We may suspend the related accounts and withhold, deny, or remove any promotional benefits at Our sole discretion.
7. VERIFICATION
7.1 You acknowledge and agree that We, or a third party acting on Our behalf, may carry out verification procedures—such as identity, age, and credit background checks—as required by applicable laws, regulations, or Our internal policies. You agree to cooperate fully and promptly with any such verification requests. Our verification procedures may include requests for source of wealth or source of funds documentation.
7.2 We may delay or restrict the creation or use of Your User Account until all required verification checks are successfully completed.
7.3 If We are unable to complete a verification check for any reason—including Your failure to submit the requested documentation within the specified timeframe—We reserve the right to suspend, deactivate, restrict, or permanently close Your User Account at Our sole discretion.
7.4 You understand and consent to Our use of third-party service providers to verify Your geographic location in order to access the Site or use the Games. You may be required to enable location services on Your device, in part to confirm that access to Our Services is not occurring from an Excluded Territory.
8. PRIZE REDEMPTION
8.1 We reserve the right to charge fees for processing the redemption of Prizes which will not exceed the reasonable costs associated with fulfilling the transaction to You at Our discretion.
8.2 If You choose to redeem Prizes for cash, funds will be paid in USD to the original financial account or digital wallet used to purchase Fun Coins. If this is not possible, an alternate bank account may be designated. We reserve the right to require use of the same payment method as was used to purchase Fun Coins or to specify a particular payment method. The ability to use a Payment Method for the purchase of Fun Coins does not guarantee the ability to use the same Payment Method for redemption. If You have not previously purchased Fun Coins, You may designate a bank account or digital wallet held in Your name for the purpose of redemption, subject to Our verification and eligibility procedures. When You choose to redeem Prizes for cash, it is Your sole responsibility to ensure that Your financial institution will accept payment from Us into Your bank account. We have no obligation to check whether Your financial institution will accept payments from Us to Your nominated bank account. When submitting Your bank account or digital wallet information, You are solely responsible for ensuring its accuracy. If You choose to redeem a Prize for cash and the payment is processed based on the information you provided, the redemption will be considered final. We are not obligated to reverse, recover, or reissue any payment made to incorrect or invalid account details. We reserve the right to set a minimum redemption threshold of 100 Redeemable Sweeps Coins for cash Prizes. Redeemable Sweeps Coins (“Redeemable Sweeps Coins”) are Sweeps Coins that have been played through once in gameplay before being eligible to be redeemed as a Prize.
8.3 We will not make payments into an account or digital wallet if it does not match the verified name on Your User Account, or that is not legally and beneficially owned by You.
8.4 Prizes redeemed for cash can be paid into a joint account provided that one of the names on the joint account matches the name verified on Your User Account and if verification checks We require in relation to You and the other account holder are completed to Our satisfaction. For the avoidance of doubt, if either joint account holder does not satisfy our verification requirements, as determined solely at Our discretion, We will not make payments into the nominated joint account. We will not process a redemption to a joint account if one of the joint owners is a minor, it is a custodial account, or it is an account held on trust for, or for the benefit of, a third party (including a minor).
8.5 If You choose to redeem Sweeps Coins for a gift card, it will be delivered to the email address registered to Your User Account. We reserve the right to set a minimum redemption for gift cards of 50 Redeemable Sweeps Coins. You are solely responsible for providing an accurate and up-to-date email address. If the information You provided is inaccurate and the redemption of that Prize is complete, We are not obligated to resend or replace any gift card/s in such cases.
8.6 We reserve the right, in Our sole discretion, to limit the value of Your Prize redemptions to $10,000 USD per day, or to another limit as required to meet regulatory, partner, or supplier obligations.
8.7 We will process one Prize redemption request per User within any 24-hour period. We process redemption requests in the order in which they are received. Processing times may vary depending on volume, verification requirements, and other operational factors.
8.8 Redemptions may take up to ten (10) days to be delivered to Your financial account or digital wallet.
8.9 Delays in redemptions of Prizes may occur due to Our verification procedures.
8.10 You acknowledge and agree that We may appoint one or more Payment Agents to process or make payments from or to You on Our behalf.
8.11 All taxes associated with the receipt of any Prize are the sole responsibility of the User. We do not provide advice regarding tax and/or legal matters and advise Users to contact appropriate advisors on such matters.
8.12 In the event that the awarding of any Prizes is challenged by any legal authority, We reserve the right in its sole discretion to determine whether or not to award such prizes, to the extent permitted by law.
9. INTELLECTUAL PROPERTY RIGHTS
You understand and agree that:
9.1 These Terms grant You a limited right to access and use the Site and Services; they do not provide any ownership interest in the Site and Services.
9.2 All rights, title, and interest in and to the Site and Services—including but not limited to copyrights, patents, trade secrets, and other intellectual property—remain exclusively with Us or, where applicable, Our third-party licensors.
9.3 Your access to or use of the Games does not grant You any ownership rights over the intellectual property they contain. This includes, without limitation, the underlying code (source and object), software, visual interface, game mechanics, audio, music, artwork, characters, stories, dialogue, gameplay recordings, text, data, chat transcripts, themes, design elements, and any related assets or documentation. All such materials are owned by Us or by third-party providers and are protected by applicable intellectual property laws.
9.4 You agree not to copy, modify, distribute, reverse engineer, decompile, disassemble, publish, license, transmit, display, or create derivative works from any part of the Service, its content, or the software, unless expressly authorized under these Terms.
9.5 Regardless of any use or participation on the Site, You acknowledge that You do not acquire any ownership or proprietary rights in Your User Account. The User Account and all related rights are, and will remain, Our exclusive property.
10. USER GENERATED CONTENT
Anything You post, upload, or share through the Site or any associated social media accounts, is considered User Content (“User Content”). You are responsible for making sure Your content follows all applicable laws. You must not submit to the Site and/or Services, or any users of the Site and/or Services, anything unlawful, harmful, disruptive, or inappropriate, including material that could be seen as threatening, offensive, misleading, sexually explicit, discriminatory, or infringing on someone else’s rights. Any such prohibited User Content, includes, but is not limited to content which:
· Is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
· Promotes sexually explicit or pornographic material, violence, or discrimination based on bigotry, race, sex, religion, terrorism, nationality, disability, sexual orientation, or age;
· Infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
· Violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
· Is intended or likely to deceive any person;
· Advocates, promotes, or assists with any illegal activity;
· May upset, embarrass, alarm, or annoy any other person;
· Impersonates any person, or misrepresents the User's identity or affiliation with any person or organization;
· Gives the impression that it is endorsed by Us or any other person or entity if this is not the case;
· Is of a commercial nature;
· Promotes another business or competitor
If You encounter any content within the Service that You believe to be offensive, inappropriate, harassing, or otherwise in violation of Our policies, please let Us know by reaching out to Us at support@coinsroyale.com.
You agree to provide truthful and accurate information to us and any other user of the Service at all times. If any details You have given us or made available to others become outdated or incorrect, it is Your responsibility to advise us immediately.
We reserve the right to remove or refuse to post any User Content at any time, for any reason, without prior notice. We are not responsible for the actions or content submitted by other users. We do not actively monitor the Service for misconduct or inappropriate material, and You acknowledge that You use the Service at Your own risk.
By submitting or uploading any content, You grant Us a perpetual, irrevocable, worldwide, non-exclusive, sublicensable, transferable, royalty-free license to use, reproduce, modify, create derivative works from, publish, display, and distribute that content in any manner We choose, without further acknowledgment or attribution.
You also grant the right to use Your name, image, and any other personal material included in Your User Content or linked to Your User Account, without any obligation to notify or compensate You, to the extent permitted by law. You waive any rights of attribution or moral rights You may hold in such content, including in cases where Your content is edited or modified, unless restricted by law.
You understand and accept that all content You submit, whether shared publicly or privately within the Service, is Your sole responsibility. We are not responsible for storing, backing up, or maintaining any User Content submitted through the Service.
11. THIRD PARTY WEBSITES AND CONTENT
11.1 The Site may include links or references to content, services, or offers provided by third parties, such as promotional campaigns, rewards programs, advertisers, or payment processors. Any personal data You choose to share with these third parties, as well as any fees or obligations You incur through such interactions, are entirely Your responsibility. We do not control, endorse, or assume liability for any third-party content, services, or materials accessed through the Services.
11.2 Any links to third-party websites, services, or content included on the Site and Services are provided for convenience only and do not constitute an endorsement, advertisement, or recommendation by Us. We make no guarantees regarding the content, accuracy, availability, or reliability of any third-party content or websites linked from the Site.
11.3 You acknowledge that We have no control over third-party websites, services, or content, and We are not responsible for anything that occurs when You access or interact with them. These third parties may request or collect personal information directly from You. We are not liable for their data practices, privacy policies, or how they use, share, or store Your information. We strongly encourage You to read third-parties’ privacy policies so that You understand how they may collect and process Your personal information. Third-party websites are subject to the terms and conditions and privacy policies outlined by that third party.
11.4 We do not endorse or take responsibility for any third-party products, services, content, or websites that You choose to access independently of us. The third party is solely accountable for anything it provides to You, including any goods, services, or interactions. We are not liable for any damages, losses, claims, or costs You may incur, whether directly or indirectly, as a result of dealing with a third party.
11.5 We do not authorize any third parties to offer Fun Coins or Sweeps Coins. Certain third-party websites may exist fraudulently, and falsely claim offers of Fun Coins or Sweeps Coins. We are not responsible nor liable for any actions taken in response to requests from these or any other unauthorized third-party sites.
11.6 If You engage with third-party social media platforms in connection with the Services, You acknowledge and agree that:
• Any content You share on those platforms, including comments or content that You may post, is governed by the respective platform’s terms and conditions;
• You agree not to post content that is false, misleading, deceptive, or defamatory, or is otherwise harmful toward Us or other Users; and
• We are not responsible for any statements, opinions, or content posted by You or others on any third-party social media platforms.
12. ERRORS, DISRUPTIONS, CHANGES AND OMISSIONS
12.1 The Services, including all associated Games and content, are provided on an “as is” basis. We make no warranties or representations, whether express or implied, about the quality, reliability, completeness, accuracy, or suitability of any information or materials in connection with the Site and Services. Our liability and obligations will be limited to the maximum extent allowed under the applicable laws of Your jurisdiction.
12.2 We accept no liability for any damages or losses which are deemed or alleged to have arisen out of or in connection with any Services including, without limitation, delays or interruptions in operation or transmission, downtime, loss or corruption of data, communication or line failures, any person’s misuse of the Services, or any errors or omissions in the Services.
12.3 We are not responsible or liable, and You will not hold Us responsible or liable, for any errors in connection with the Site including during gameplay or in relation to Your attempt to use the Services or play Games in a manner not intended by Us.
12.4 Any part of the Games that indicate incorrect behavior affecting Prize redemption, game data, Fun Coins, Sweeps Coins, or other balances that may be due to misconfiguration or a bug, will be canceled and removed. User balances and account details may be altered by Us in such cases in order to remedy any mistake.
12.5 If the Site or any of its Services, including the Games, experience an error or a system malfunction including but not limited to the pay tables, win tables, stakes, or odds, then all gameplay resulting from the error or system malfunction on the Site becomes void.
12.6 We may temporarily suspend the whole or any part of the Service for any reason at Our sole discretion, in any jurisdiction. We may, but will not be obligated to, give You as much notice as is reasonably practicable of such suspension. We will deploy Our best efforts to restore the Service, as soon as is reasonably practicable, after such temporary suspension.
12.7 In the event that a Game fails to conclude because of a system malfunction, We will use reasonable efforts to replace the equivalent amount of Fun Coins or Sweeps Coins that were erroneously destroyed.
12.8 You understand and agree that We are not liable for any loss or damage suffered or incurred by You in connection with any update, addition, removal, suspension, unavailability, and/or cessation of the whole or any part of the Site.
13. INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
YOU ACCEPT AND AGREE THAT YOU MUST INDEMNIFY AND HOLD HARMLESS US, OUR PARTNERS, AGENTS, PAYMENT AGENTS, SERVICE PROVIDERS, ADVERTISERS, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, SHAREHOLDERS, AND SUPPLIERS (THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ALL DAMAGE AND LOSS OF ANY KIND SUFFERED OR INCURRED BY THE INDEMNIFIED PARTIES ARISING FROM OR INCLUDING WITHOUT LIMITATION:
a. YOUR ACCESS AND/OR USE OF THE SITE OR ANY PART OF IT;
b. THE ELECTRONIC DEVICES YOU USE TO ACCESS AND USE THE SITE OR ANY PART OF IT;
c. FACILITATING OR MAKING A PAYMENT INTO YOUR USER ACCOUNT;
d. PLAYING ANY OF THE GAMES AVAILABLE ON THE SITE;
e. ANY USE OF THE CONTENT IN BREACH OF THIS AGREEMENT;
f. YOUR BREACH OF OUR (OR OUR LICENSORS’) INTELLECTUAL PROPERTY RIGHTS;
g. ACCEPTANCE OF ANY PRIZE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE, OR THE INDEMNIFIED PARTIES, BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, FOR THE AVOIDANCE OF ANY DOUBT, FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES IN EACH CASE THAT ARISES FROM OR IN CONNECTION WITH THE AGREEMENT, OUR ACTS OR OMISSIONS, THE SITE OR ANY PART OF IT.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR AND THE INDEMNIFIED PARTIES' MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT IS LIMITED TO AN AMOUNT EQUAL TO THE VALUE OF THE FUN COINS THAT YOU HAVE PURCHASED FROM US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING YOUR FIRST CLAIM MADE AGAINST US OR ANY OF THE INDEMNIFIED PARTIES. IF YOU HAVE NOT PURCHASED ANY FUN COINS FROM US IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING YOUR FIRST CLAIM MADE, THEN YOU UNDERSTAND AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN RESPECT OF ANY CLAIM MADE AGAINST US IS TO CLOSE YOUR USER ACCOUNT AND CEASE YOUR ACCESS AND USE OF THE SITE.
YOU UNDERSTAND AND AGREE THAT THE INDEMNITY AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN THIS SECTION 13 ARE REASONABLE AND NECESSARY TO PROTECT THE INDEMNIFIED PARTIES LEGITIMATE INTERESTS, AND THAT YOU HAVE CONSIDERED THEM AND TAKEN THEM INTO ACCOUNT WHEN YOU ACCEPTED, AND AGREED TO BE BOUND BY, THIS AGREEMENT.
THIS SECTION 13 WILL SURVIVE THE EXPIRY OR TERMINATION FOR ANY REASON OF THIS AGREEMENT. To the extent that any limitations in this Section 13 are not permissible based on where You live and access the Site, those specific limitations will not apply to You. Any such unenforceable limitation will be deemed severable and struck from this Agreement. However, the remainder of the Agreement, including the Binding Arbitration and Class Action Waiver set forth in Section 16, will continue in full force and effect, excluding only the specific limitations that have been invalidated.
NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY LIABILITY OF US FOR DEATH OR PERSONAL OR PHYSICAL INJURY THAT IS DIRECTLY AND PROXIMATELY
CAUSED BY NEGLIGENCE OR WILLFUL MISCONDUCT ON OUR BEHALF.
14. CUSTOMER SUPPORT
If You need Customer Support in relation to the Site, please contact us by selecting “Contact Us” at the link on the Site and fill out the form or send an email to support@coinsroyale.com, or via live chat if it is available.
To protect Your privacy, if You are contacting customer support via email, You must use the email address registered on Your User Account, and supply Your full name, as registered on Your User Account. Your failure to do so may result in a delay in our reply. We are committed to addressing all inquiries and complaints in a timely and professional manner. Our team will use reasonable efforts to acknowledge receipt and provide an initial response within seventy-two (72) hours. We will aim to investigate and fully respond within five (5) calendar days. If additional time is required to complete our review, We will notify you within the initial response timeframe and provide updates as necessary until the matter is resolved.
15. MARKETING COMMUNICATIONS
You consent to receive marketing communications from NiyaSG and/or Coins Royale in respect of its offerings by way of email.
In addition, by creating a User Account, and accessing Sweeps Coins games, You consent to receive SMS messages from Us for purposes related to Your account access, by way of two-factor authentication. Message and data rates may apply, depending on Your mobile carrier. Carriers are not liable for any delays or undelivered messages.
You may opt out of marketing emails at any time via the unsubscribe link or by contacting support@coinsroyale.com. You may not opt out of receiving SMS messages that are necessary for account security unless You discontinue use of the Services entirely.
16. BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION 16 CAREFULLY BECAUSE IT MAY REQUIRE YOU AND US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS ONLY AND LIMITS THE MANNER IN WHICH YOU AND WE CAN SEEK RELIEF FROM EACH OTHER. THIS AGREEMENT APPLIES TO ANY CLAIMS YOU MAY CURRENTLY POSSESS AND ANY CLAIMS YOU MAY RAISE IN THE FUTURE. WHILE YOU MUST AGREE TO THIS AGREEMENT IN ORDER TO USE THE SERVICES, THERE IS AN OPTION, DESCRIBED BELOW IN “OPTION AND METHOD TO OPT OUT OF ARBITRATION”, TO OPT OUT OF THE ARBITRATION AND CLASS WAIVER PROVISIONS. THE OPTION TO OPT-OUT IS TIME-LIMITED TO THIRTY (30) DAYS OF ENTERING THIS AGREEMENT AND REQUIRES YOUR IMMEDIATE ATTENTION.
ARBITRATION MEANS YOU WILL NOT BE ABLE TO FILE A LAWSUIT IN COURT, SEEK DAMAGES IN COURT, OR PRESENT YOUR CASE TO A JURY.
THIS AGREEMENT INCLUDES AN ARBITRATION PROVISION WHICH SETS FORTH HOW PAST, PENDING OR FUTURE DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY AND FOR YOUR OWN LOSSES ONLY.
THIS ARBITRATION AND CLASS ACTION WAIVER AGREEMENT ALSO REQUIRES THAT ANY PAST, PENDING OR FUTURE DISPUTES WITH COINS ROYALE SHALL PROCEED IN ARBITRATION FOR YOUR OWN LOSSES ONLY. YOU MAY NOT PROCEED AS A CLASS REPRESENTATIVE, MEMBER OR PART OF ANY PROPOSED CLASS, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL SUIT, QUI TAM ACTION, OR ANY REPRESENTATIVE PROCEEDING, OR OTHERWISE SEEK TO RECOVER ON BEHALF OF OTHERS OR FOR THE USE OR BENEFIT OF OTHERS IN ANY TYPE OF CLAIM OR ACTION.
IF A CLAIM OR ARBITRATION IS INITIATED BETWEEN YOU AND US, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO TERMINATE YOUR ACCOUNT.
16.1 Acceptance of Terms. By using, or otherwise accessing the Site and Services, or clicking to accept or agree to the Terms where that option is made available, You confirm that You have read and accept and agree to this Agreement. Except to the extent that You may opt-out as provided below, all of Your activity on the Site and all of Your transactions with Coins Royale, shall be subject to this Agreement. If You reside in or access the Games at any time while located in the United States, this Section 16 shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms and Conditions.
16.2 Separate Agreement. The parties acknowledge that this Agreement is a separate agreement between the parties governed by the Federal Arbitration Act, and that any alleged or determined invalidity or illegality of all or any part of the Terms and Conditions, the Site and Services, or the Privacy Policy shall have no effect upon the validity and enforceability of this Agreement.
16.3 Scope of Arbitration Provision. You and We agree that any past, pending, or future Dispute, claim, causes of action, or controversy arising out of or relating to Your access to or any use of the Site and Services, or to these Terms and Conditions, the Privacy Policy, and the Incorporated Terms including without limitation any dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of this Agreement, or the Terms and Conditions, and/or the Incorporated Terms, for the purpose of this Section 16 (a "Dispute"), shall be fully and finally determined by arbitration, including claims that arose before acceptance of any version of this Agreement. In addition, in the event of any Dispute concerning the scope, validity, enforceability, severability, or applicability of this Agreement or its provisions, as well as the arbitrability of any claims, You and We agree that the arbitrator exclusively shall have the power to rule on his or her own jurisdiction over the Dispute, including any objections with respect to the existence, enforceability, severability, scope, or validity of the arbitration agreement, as well as the arbitrability of the claims or counterclaims presented as part of the Dispute.
16.4 Notwithstanding the above provision and Agreement to Arbitrate, either party retains the right to seek relief in a small claims court for disputes or claims solely within the scope of a small claim’s court jurisdiction.
16.5 Lack of Estoppel or Preclusive Effect. The parties agree that any issues determined in arbitration or any other proceeding between the parties shall be conducted and decided for the benefit of the parties or express third-party beneficiaries only and shall have no preclusive or estoppel effect against a party in any subsequent or other arbitration or litigation matter, and all issues shall be decided anew in any subsequent or other proceedings involving either party. The parties reach this agreement in order to narrowly and efficiently tailor their legal positions without concern that any third party may attempt to offensively use any finding or determination of fact or law against You or Coins Royale.
16.6 Intellectual Property. Notwithstanding the requirement to arbitrate in this Section 16, neither You nor We are required to arbitrate any claims for the alleged unlawful use of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents, and the parties agree that in the event of infringement of copyrights, trademarks, trade names, trade dress, logos, trade secrets, or patents of a party, they shall also be entitled to seek injunctive relief from a court of competent jurisdiction, and the parties shall not be able to hold out a User’s access to the Site and Services as a basis to enforce this arbitration agreement as to such claims.
16.7 Applicable Law. While the Federal Arbitration Act shall control, to the extent the law of any state is applied or considered with respect to issues bearing upon the enforceability or scope of this Agreement, the parties agree that the law of the State of Delaware shall exclusively apply, notwithstanding any consideration or application of choice of law or conflicts of law principles.
16.8 Initial Dispute Resolution.
Both parties agree to work in good faith and use best efforts to resolve informally any Disputes arising out of or relating to this Agreement or use of the Site and Services before escalating the Dispute to binding arbitration, as addressed below.
16.9 Notice of Dispute.
Users must give Coins Royale an opportunity to resolve a Dispute prior to arbitration by giving notice to Us (“Notice of Dispute”) in writing of its intent to initiate an informal dispute resolution. We shall engage in discussion within thirty (30) days after We receive such notice or within a time period required by law unless an extension is mutually agreed upon by the parties.
All initial dispute resolution conferences shall be conducted individually, between Us and You. Multiple individuals with Disputes cannot participate in the same informal dispute resolution. If a party is represented by counsel (which such representation will be at such parties’ sole cost and expense), counsel may participate in the dispute resolution, and both You and We shall also attend and participate in the informal dispute resolution.
To notify Us that You intend to initiate an informal dispute resolution, please inform Us by email to support@coinsroyale.com with the subject line “NOTICE OF DISPUTE”.
The Notice of Dispute must include:
(i) the User's full name, address, telephone number, and email associated with the User Account;
(ii) a detailed written description and explanation of the claim or complaint and basis of the Dispute, including specific dates and times relating to the claim or complaint, if applicable; and
(iii) a description of the specific relief the User seeks.
Upon receipt of Your Notice of Dispute, We will respond in writing within thirty (30) days of the receipt of such Notice, unless there is a mutually agreed upon extension by both parties.
Failure to provide a written communication containing the required details outlined above may delay our ability to properly identify and address Your complaint or claim. As a result, and at Our discretion, the timeframe for resolving the issue prior to initiating a formal proceeding may be extended, as permitted under these Terms.
The parties agree to use their best efforts and to operate in good faith to resolve any Dispute using this Initial Dispute Resolution Process. If a Dispute cannot be resolved via the Initial Dispute Resolution Process within thirty (30) days after the User’s Notice of Dispute is sent, You or We may initiate an arbitration proceeding as described below.
The Notice of Dispute and the informal resolution process described above are required steps before initiating any formal arbitration under this Arbitration Agreement (Section 16), or legal action if You have opted out of arbitration. Both parties agree that any applicable statute of limitations or deadlines will be paused for the duration of this informal resolution process.
These Initial Dispute Resolution provisions outlined in the Notice of Dispute above will remain fully effective and binding, regardless of whether You choose to opt out of arbitration.
16.10 Initiating Arbitration Under JAMS Rules
After completing the initial dispute resolution process outlined above in Notice of Dispute, arbitration may be initiated in accordance with this Agreement.
You and We agree that JAMS ("JAMS") will administer the arbitration under the JAMS Streamlined Rules, which are available at https://www.jamsadr.com, and in effect at the time arbitration is sought ("JAMS Rules"). If applicable, the JAMS Mass Arbitration Procedures and Guidelines will also apply.
16.11 Arbitration Procedure and Fees
The arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules. JAMS shall present the parties with a list of five potential arbitrators and the parties shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected). Any arbitration will be held in the State of Delaware, or, at Your or Our election, may be conducted telephonically or via other remote electronic means. The payment of any arbitration fees will be governed by the JAMS Rules available at https://www.jamsadr.com/arbitration-fees and the arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to You in an individual lawsuit and that are not waivable under applicable law.
16.12 Three-Arbitrator Panel
Notwithstanding any language to the contrary in the Arbitration Procedure and Fees above, if either party seeks a monetary award in excess of five hundred thousand dollars ($500,000) or seeks an equitable form of relief that would significantly impact other users of the Site, in each case as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators and take place pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (“JAMS Comprehensive Rules”). Each party shall select one neutral arbitrator, with the third neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. That third arbitrator shall serve as chair of the arbitral panel and must be a retired judge with experience arbitrating or mediating disputes. In the event that the parties disagree as to whether the threshold for a three-arbitrator panel is warranted, the sole arbitrator appointed in accordance with this section shall make that determination. If the single arbitrator determines a three-person arbitrator panel is appropriate, the arbitrator may – if selected by either party or through the JAMS selection process – participate in the arbitral panel. You and We agree that any award issued by a three-arbitrator panel may be appealed in accordance with the JAMS Optional Arbitration Appeal Procedures at either party’s election.
16.13 Batch Arbitration
To increase the efficiency of resolution, in the event 25 or more similar arbitration demands against Us, presented by or with the assistance of the same law firm or organization, or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 30-day period, JAMS shall consolidate those arbitrations according to the JAMS Mass Arbitration Rules. This shall be done by (a) grouping the arbitration demands into batches of no more than 25 demands per batch; and (b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. Consolidation does not require that all arbitrations in a single batch be decided the same, nor does it impair Your right to present any evidence or argument that You think is particular to Your case, so long as the presentation of such evidence is consistent with the JAMS Rules. You agree to cooperate in good faith with Coins Royale and JAMS to implement batch arbitration and to expeditiously resolve the outstanding disputes. All provisions of this Section that are not in conflict with JAMS Mass Arbitration Rules shall apply.
16.14 Class Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY ARBITRATION SHALL BE CONDUCTED IN AN INDIVIDUAL CAPACITY ONLY AND NEITHER YOU NOR WE SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION (EXCEPT SOLELY AS JUST STATED IN SECTION 16.13); TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, IN THE EVENT ALL OR ANY PORTION OF SECTIONS 16.12, 16.13, or 16.14 OF THIS SECTION 16 (BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE (BUT NOT THOSE PROVISIONS OF SECTION 16 APPLICABLE TO LITIGATION) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.
16.15 Confidentiality
All arbitration proceedings and resulting awards conducted pursuant to Section 16 shall be confidential. Any such award may not be disclosed to third parties other than to a party's legal, accounting, or financial advisors (each of whom shall be subject to that same confidentiality obligation) except (i) by either party in support of its pursuit or defense of its legal rights or obligations in another litigation or arbitration (whether involving the same or different parties), (ii) to the extent disclosed in connection with a petition or motion to confirm, enforce or recognize the award or (iii) otherwise as required or permitted by applicable law.
16.16 Certification
By submitting a demand for arbitration, the filing party affirms, based on their knowledge, information, and belief formed after a reasonable inquiry under the circumstances, that:
(i) the arbitration request is not made for an improper purpose, such as to harass, create undue delay, or needlessly increase the costs of resolving the dispute;
(ii) the claims and legal arguments are supported by current law or by a good-faith argument to change, extend, or overturn existing law, or to establish new legal precedent;
(iii) the factual claims have, or are expected to have after appropriate investigation or discovery, a reasonable basis in evidence; and
(iv) any attorney identified as representing a party has been properly retained under a signed engagement and is expressly authorized to initiate arbitration on that party’s behalf.
The Arbitrator may grant appropriate remedies or impose sanctions in accordance with Federal Rule of Civil Procedure 11, relevant state law (including the awarding of attorney’s fees), and the applicable JAMS rules if this certification is violated.
16.17 Option and Method to Opt Out of Arbitration
YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (THE “OPT-OUT DEADLINE”). USERS MAY OPT-OUT OF THESE PROVISIONS BY EMAILING SUPPORT@COINSROYALE.COM WITH SUBJECT LINE: OPT OUT.
THE WRITTEN NOTICE OR EMAIL NOTICE MUST INCLUDE: (I) THE USER'S NAME AND ADDRESS AND (II) A CLEAR STATEMENT THAT THE USER DOES NOT WISH TO RESOLVE DISPUTES WITH COINS ROYALE THROUGH BINDING ARBITRATION. A DECISION TO OPT-OUT OF THESE PROVISIONS WILL HAVE NO ADVERSE EFFECT ON THE USER'S RELATIONSHIP WITH COINS ROYALE. IF USERS OPT-OUT OF THESE PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE SHALL BE NULL AND VOID. IF YOU CHOOSE TO OPT OUT OF THE BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER ALL OTHER REMAINING SECTIONS OF THESE TERMS APPLY.
17. GENERAL PROVISIONS
Entire Agreement
These Terms and Conditions constitute the entire agreement between You and Us with respect to Your use of the Site and Services, and save in the case of fraud, supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and Us with respect to Your participation.
Governing Law and Jurisdiction
Subject to the Binding Arbitration Agreement and Class Action Waiver contained in Section 16, which is governed by the Federal Arbitration Act, these Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware without regard to its conflict of law principles. If this governing law provision is determined to be unenforceable with respect to the use of the Site, then the applicable laws of the jurisdiction in which the User accessed or used the Site shall apply. Nothing in this provision shall be construed to waive or limit either party’s right to appeal any such determination by a court of law that the laws of the State of Delaware are unenforceable.
Exclusive Forum
Subject to Section 16 (Binding Arbitration Agreement and Class Action Waiver), the parties agree that any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, the Incorporated Terms, and the Services, or the breach, termination, or enforceability of these Terms or the Binding Arbitration Agreement and Class Action Waiver shall be brought exclusively in the state or federal courts located in the State of Delaware. Both You and We consent to the jurisdiction and venue of those courts and waive any objection to jurisdiction or venue on any grounds. Notwithstanding the foregoing, any action to enforce an arbitration award issued under these Terms may be brought in any court of competent jurisdiction.
No Waiver
The failure or delay by Us to assert any breach or violation of these Terms or otherwise failure to enforce any right shall not be interpreted as a waiver or forfeiture of rights or a waiver or forfeiture of such rights in the future; rather the same shall remain in full force and effect.
Severability
In the event any provision of these Terms and Conditions is held unenforceable or invalid, such provision, condition or term will be ineffective but shall not affect the enforceability of the remaining provisions, conditions, and terms. To the fullest extent allowable by law all remaining terms, conditions and provisions will continue to be valid. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, the original intention of the invalid or unenforceable provision.
No Agency
These Terms do not create any partnership, agency, joint venture, fiduciary, or other form of joint enterprise between Us and You.
Assignment
These Terms and Conditions are personal to You, and are not assignable, transferable, or sublicensable by You except with Our prior written consent. We reserve the right to assign, transfer or delegate any of Our rights and obligations hereunder to any third party without notice to You.
Business Transfers
In the event We undergo a merger, acquisition, reorganization, sale of assets, or other change in ownership or control of NiyaSG LLC, whether in whole or in part, Your User Account and any associated personal information and data may be transferred to the successor or acquiring entity as part of the transaction. Where required by applicable law, You will be notified of any such transfer via email or through a notice posted on the Site, along with any choices You may have with respect to the transfer of Your User Account.
Force Majeure
We will not be liable or responsible for any failure to comply with any of the provisions under these Terms that is caused by events beyond Our reasonable control, including but not limited to acts of God, hurricane, war, fire, riot, earthquake, weather, pandemic or endemic, terrorism, act of public enemies, strikes, labor disputes, actions of governmental authorities or other force majeure.