AMERICANA CASINO TERMS OF USE AND SERVICE AGREEMENT
Last review: 20 NOVEMBER 2024
Version: 1.6
Introduction
These Terms and Service Agreement (“Terms”) constitute a binding legal agreement between you and Dream Gaming Entertainment, Inc., and govern your use of our games accessible at https://www.americanacasino.com (“Platform”).
Please review these Terms carefully before accessing, using, or interacting with Americana Casino, its content, or services. These Terms represent a binding agreement between you and Dream Gaming Entertainment, Inc. and govern your use of the Platform and its Games. This Platform is operated by Dream Gaming Entertainment, Inc., a corporation with registered address at 838 Walker Rd Ste 21-2 Dover, DE 19904 (“Dream Gaming”, “we”, “us”, “our”)
These Terms also incorporate Americana’s Casino Privacy Policy, Americana’s Casino Sweepstakes Rules, and Americana’s Casino Responsible Social Gameplay Policy. Those documents constitute an integral part of these Terms.
We reserve our right to modify these Terms, and any incorporated documents including Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy, at our sole discretion. Any changes will be posted on our Platform and will take effect immediately. By continuing to use the Platform, you acknowledge and accept the revised Terms version. It is your responsibility to review these Terms, Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy before accessing, browsing, or using the Platform. If we make changes that restrict your rights or could negatively impact you, we will notify you during your next visit to the Platform. If you do not agree with the updated Terms or any referenced policies, you must discontinue your use of the Platform.
Important Notices
Arbitration notice: THESE TERMS OF USE AND SERVICE AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 17 BELOW. TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA WHO PARTICIPATE FROM ELIGIBLE JURISDICTIONS LISTED BELOW. By agreeing, you consent to resolving disputes exclusively through binding arbitration on an individual basis, waiving the right to sue in court or join a class-action lawsuit. Arbitration is final and binding. You may opt-out of arbitration—see the "Dispute Resolution by Binding Arbitration" section 17 for instructions.
No real money notice: While some games may resemble real-world slot machines, they do not involve real money gambling. No real money is required to play, and all services are for entertainment purposes only. Virtual currency is provided for social gaming purposes only and is neither real money nor redeemable for cash or prizes. Participation in sweepstakes or contests does not require payment or purchase, and making a purchase does not improve your chances of winning.
Location limitation notice: Americana Casino is unavailable in Washington, Kentucky, and Michigan. Sweeps Play is limited to players in the United States (excluding Washington, Nevada, Kentucky, Michigan, and Idaho), the District of Columbia, and Canada (excluding Quebec). All purchases of in-game items made by players in Washington, Kentucky, or Michigan will be refunded (less a _______% administrative fee and applicable bank charges).
Age limitation notice: In order to use our Platform you must meet the minimum age requirements of being at least 18 years old (or 19 in Alabama/Nebraska, 21 in New Jersey). If you do not meet minimum age requirements in your jurisdiction, you must not access or use the Platform. We reserve the right to refund you all in-game purchases made and refund all the amounts paid (less a _______% administrative fee and applicable bank charges) and terminate your account should we find out that you do not meet minimum age requirements.
Participation disclaimer: Participation in games published on the Platform is at the user's own risk. The Platform disclaims any warranties regarding legal compliance in any jurisdiction. Violations, including attempts to transfer game entitlements or undermine the Platform’s integrity, may result in termination and further legal action.
Account creation.
Account registration: In order to access specific features of our Platform, you must register an account. The information you provide must be accurate, complete, and up-to-date, including a name that matches your government-issued ID and age. Failure to provide accurate details, or any unauthorized use of another person’s account, may result in immediate suspension or termination of your account. Additionally, prizes and virtual currency linked to such accounts may be invalidated. We allow a single-account policy. Attempting to register multiple accounts, whether directly or via third parties, can result in all related accounts being suspended or closed. If you believe multiple accounts have been created under your name, contact our support promptly. An account is considered dormant if it has no login activity for 60 consecutive days. Dream Gaming will send warnings as this inactivity period approaches. Dormant accounts may be closed, and any associated prizes or virtual currency forfeited. Where required by law, Dream Gaming will remit the value of redeemed prizes.
User’s responsibility: As the account holder, you are solely responsible for all activity conducted under your account. Please make sure that you properly protect your login credentials, including your Player ID and password, and do not share them with others. If you suspect unauthorized access, you must inform us immediately. We are not liable for losses due to unauthorized access, you may be held accountable for damages caused to us or other users as a result. We reserve the right to terminate your account at its sole discretion, with or without cause. Upon termination, access to virtual currency, prizes, and other benefits is revoked. For terminations due to inactivity or policy violations, we may retain or invalidate associated balances. Examples include:
Exploiting software bugs or system failures.
Manipulating gameplay to gain unfair advantages.
Misusing bonuses or delaying gameplay for strategic gain.
Bonuses, winnings, or virtual currency associated with fraudulent activity may be removed at our own sole discretion.
License to use Platform.
License granted. You are granted a limited, personal, non-exclusive, non-transferable license to access and use the Platform and its content for personal entertainment purposes only. The license granted to users is limited to a personal, revocable, non-exclusive, and non-transferable right to access and use the Platform and its content solely for non-commercial purposes, except where monetary rewards are explicitly provided by Dream Gaming. Users are permitted to view, upload, and store Platform content but must retain all copyright or proprietary notices included in such materials. You do not gain any ownership rights in the Platform, its content, or any virtual currency. All intellectual property, including virtual assets and game elements, remains the property of the Platform or its third-party providers. Virtual currency has no value outside the Platform and is governed by the Platform's specific terms regarding use, modification, and availability.
Account limitations. Unless explicitly authorized in writing by Dream Gaming, you are prohibited from engaging in the following activities:
Copying, reproducing, modifying, adapting, translating, or creating derivative works based on Platform content.
Distributing, transmitting, downloading, uploading, posting, selling, renting, licensing, or transferring content.
Publicly performing, displaying, or mirroring content.
Reverse engineering, decompiling, disassembling, or extracting content.
Circumventing legal or technical restrictions, including geographical restrictions, such as using VPNs or proxies.
The license strictly prohibits the sale, transfer, or sharing of user accounts, virtual currency, or rewards with other individuals or entities. Users are forbidden from activities that compromise account security, including:
Sharing login credentials.
Using unauthorized programs or services.
Attempting to bypass Platform restrictions.
Jurisdiction compliance. Users are responsible for ensuring that their participation in the Platform complies with the laws of their jurisdiction. Unauthorized access or usage, including bypassing geographical restrictions (e.g., via VPNs or proxies) or providing false location information, is strictly prohibited. Engaging in such activities constitutes a breach of Dream Gaming’s terms and may be considered fraudulent, potentially subjecting the user to criminal prosecution and other legal consequences. Users are strongly advised to consult local laws to ensure compliance before accessing or participating on the Platform.
Eligibility and Participation Policy
Age Requirements. To participate in games on the Platform, you must be at least 18 years old or meet the legal age of majority in your jurisdiction, whichever is higher. This ensures compliance with legal requirements related to gambling and entertainment games.
Personal Use and Entertainment Purpose. Access to the Platform is strictly limited to personal, non-commercial use for entertainment. Participation on behalf of others or for promotional or commercial purposes is prohibited.
Truthful and Accurate Information. All information provided during registration or gameplay must be truthful, accurate, and kept current. Failure to do so, including providing falsified or outdated details, may result in account suspension, termination, or forfeiture of prizes or benefits.
Restricted Territories. The Platform restricts access from certain territories listed under "Prohibited Territories" to comply with local legal requirements. Users from these regions are not eligible to participate in games or promotional activities.
Fraud and Unauthorized Activities. Fraudulent actions, including misrepresentation, unauthorized use of accounts, and employing software tools like bots to manipulate gameplay or outcomes, are strictly prohibited. Violations may lead to account suspension, disqualification, and potential legal consequences.
Employee and Affiliate Restrictions. Employees, affiliates, advertisers, and their immediate family or household members are prohibited from participating in any games. This restriction ensures fairness and prevents conflicts of interest.
Legal Compliance and Jurisdiction. Users are solely responsible for ensuring that their participation complies with the laws of their jurisdiction. Attempts to bypass restrictions, such as using VPNs or providing false location details, may result in account termination and legal penalties. Participation in any jurisdiction where such activities are restricted or prohibited is void.
Verification and Compliance Checks. The Platform may require identity verification through Know Your Customer (KYC) procedures to confirm user details such as name, address, date of birth, and Social Security Number (SSN). Users may need to provide documentation, and compliance with these checks is mandatory for continued access. Non-compliance or failure to provide necessary information may result in restricted access or account termination.
Consequences of Violations. Violation of any eligibility rules may result in immediate suspension or termination of access, forfeiture of virtual currency or winnings, and potential legal action. Examples of prohibited conduct include:
Misrepresenting eligibility details.
Attempting to impair or alter website functionality.
Using proxies to bypass regional restrictions.
Committing fraud or other deceptive practices.
Operating multiple accounts or using multiple email addresses.
Participation Terms for Games. The Platform offers games for entertainment, including free games of chance and promotional competitions. Coins are provided daily without charge for gameplay, though additional Coins may be purchased for entry into certain games. Participation is void in states or jurisdictions where such activities are prohibited.
Prize Eligibility. Participants must be the registered owners of the email accounts associated with their Platform accounts to qualify for prizes. Users under 18 (or older where legally required), or those in restricted states or territories, are not eligible for prizes, refunds, or promotional benefits. Any disputes over identity will default to the registered email account owner.
Prohibited Transfers. Coins, promotional prizes, or other game-related entitlements cannot be transferred between individuals or accounts. Any attempt to transfer these items will result in account termination.
Accountability for Compliance. By registering and participating, users affirm they have reviewed and understood the laws of their jurisdiction. The Platform makes no guarantees regarding legal compliance for participation and assumes no liability for user violations of local laws.
Enforcement of Violations The Platform reserves the right to:
Disqualify participants who violate these terms.
Block access to accounts engaging in prohibited actions.
Seek remedies and damages, including attorney fees, in cases of intentional misconduct, such as attempts to subvert the website or games.
Restrictions and Financial Term
Prohibited Actions. Users are strictly prohibited from engaging in the following activities on the Platform:
Hacking and Security Violations: Unauthorized attempts to access accounts, bypass security measures, or disrupt Platform operations, including hacking, password theft, and phishing.
Reverse Engineering and Modification: Disassembling, modifying, or reverse engineering any part of the Platform or its games.
Malware Introduction: Introducing harmful software such as viruses or code intended to disrupt or damage the Platform.
Data Scraping and Unauthorized Access: Using automated tools (e.g., bots) to extract data or access the Platform in unauthorized ways.
Fraudulent and Illegal Activities. Any use of the Platform for unlawful purposes, including fraud, money laundering, or unauthorized financial transactions, is strictly forbidden. Transactions may be monitored to detect and prevent such activities. Violations can lead to immediate account suspension and reporting to authorities.
Intellectual Property and Unauthorized Use. Users must respect the Platform’s intellectual property rights. Prohibited actions include copying, distributing, or modifying Platform content, games, or software without authorization. Deleting or altering copyright and trademark notices.
Specific Prohibited Activities. The following actions are explicitly banned:
Circumventing geographic restrictions through VPNs, proxies, or similar tools.
Providing false, misleading, or fraudulent information during registration or gameplay.
Colluding with others or using unauthorized software to manipulate game outcomes.
User Obligations and Cooperation. Users must сooperate fully with investigations into suspicious or unlawful activities, and report any fraudulent or unauthorized actions by others to customer support immediately.
Consequences of Violations. Violating any restriction may result in:
Immediate suspension or permanent account closure.
Forfeiture of unused virtual currency or winnings.
Reporting of illegal activities to authorities, with potential legal consequences.
No refunds for purchases made on accounts suspended for violations.
Non-eligible Players. Employees, affiliates, subsidiaries, contractors, and their immediate family members or household members involved in the design or operation of the Platform are not eligible to participate in games.
Financial Term
Payment Method Accuracy: The payment method associated with your account must match the name registered on your Platform account. Discrepancies may lead to account suspension, cancellation of purchases, or adjustments to virtual currency balances. You are responsible to ensure that payment details are accurate, up-to-date, and legally owned by you. The Platform is not responsible for transaction delays or failures caused by incorrect information.
Verification Checks: Users must complete identity verification procedures (KYC) and may need to provide additional documentation, including proof of identity and address. Enhanced checks, such as credit reviews and source-of-funds verification, may apply to high-risk users, including Politically Exposed Persons (PEPs). Failure to comply within required time may result in account deactivation.External verification checks may be conducted using third-party services.
Expiry of Virtual Currency: Virtual currency, such as game coins, expires _____days after being credited to an account. Coins may also be forfeited if an account is deactivated.
Updating Payment Details: Payment details can only be updated by the account holder while logged in. The Platform cannot update or modify these details on your behalf.
Mistaken Credits: Any mistakenly credited virtual currency or prizes remain the property of the Platform and will be deducted from user accounts as soon as identified.
Non-Refundable Purchases: All virtual currency and in-game items are non-refundable, hold no real-world monetary value, and cannot be exchanged for cash. Once a purchase is completed, it cannot be reversed or withdrawn.
Dispute and Chargebacks: Accounts with disputed, reversed, or charged-back transactions may be suspended until repayment is made using an alternative payment method. Additional verification may be required, particularly for high-risk accounts.
Redemption Terms: Prizes are processed in U.S. dollars (USD) and may require using the original payment method or an alternative as directed by the Platform. Associated fees, exchange rates, or processing delays are the customer's responsibility.
Transaction Fees and Currency Conversion: All virtual currency purchases are conducted in USD. Customers are responsible for any foreign exchange fees, charges, or related costs, including losses due to currency fluctuations.
Virtual Currency Usage
Virtual currencies. Game coins are used for standard gameplay. They have no real monetary value, are non-transferable between Platforms, and are only redeemable within the Platform's content. All virtual currencies remain the property of the Platform. Players have no ownership rights beyond the limited license to use them within the Platform’s services. By using the Platform’s payment and virtual currency features, you agree to these terms and acknowledge that the Platform reserves the right to modify, regulate, or eliminate virtual currency balances at its sole discretion. Virtual currency cannot be sold, traded, or exchanged for real-world money outside the Platform. Attempts to do so violate these terms and may result in account termination.
Sweeps Coins: Used exclusively in sweepstakes gameplay and cannot be purchased directly. SCs are obtained through daily allowances, bonuses, or other specified methods. No purchase is necessary to obtain SCs.
Purchasing and Restrictions: Game coins are sold as a limited-use license for gameplay purposes only. Purchases are final and cannot be returned or redeemed for government-issued currency. Game coins and sweeps coins expire after 60 days of inactivity. Additionally, balances may be forfeited if an account is deactivated or terminated. Players are responsible for ensuring the correct virtual currency amount is wagered per gameplay session. Dream Gaming is not liable for errors in bet amounts.
Payment Administration Agents: The Platform may appoint third-party agents to process payments on its behalf. While agents are authorized to facilitate transactions, the Platform is not liable for actions exceeding their authority.
Foreign Exchange Fees. Players are responsible for any foreign exchange fees, costs, or fluctuations when purchasing virtual currencies or participating in games involving currency conversion.
Game Rules and Gameplay Guidelines
Understanding Game Rules. Every game on the Platform has specific rules and odds of winning that are available in the pay tables upon launching the game. It is your responsibility to read, understand, and agree to these rules before participating. By engaging in gameplay, you confirm your understanding and acceptance of the applicable terms. Gameplay on the Platform may require specific game coins. These currencies are subject to their respective terms and conditions, and once used, cannot be refunded, exchanged, or withdrawn.
Voiding Games or Plays. Dream Gaming reserves the right to void any game, play, spin, or other participation—partially or fully—if there is an error, mistake, misprint, technical issue, or discrepancy in the game’s pay table, win table, stakes, odds, or software. This includes fraudulent activities, system errors, or any other discrepancies deemed material by Dream Gaming. In all such cases, the Platform’s decision will be final.
Server Results as Final Authority. In cases of discrepancy between the results displayed on your device and those recorded on the Dream Gaming server, the server's results will prevail. The Platform is not responsible for errors, delays, or inaccuracies caused by your device or internet connection.
Verification and Identification Checks
Types of verification checks. To ensure a secure and compliant Platform, we conduct thorough verification checks in line with applicable laws, regulations, and industry best practices. By using our Platform, you agree to adhere to these verification protocols. We may perform various checks, including:
Identity verification to confirm your personal details.
Credit checks as required.
Regulatory compliance to prevent fraud and financial crimes.
These checks are conducted for account security, legal compliance, and to maintain Platform integrity.
Required Documentation. You may be required to provide specific documents to complete verification checks, including but not limited to:
Government-issued photo ID (e.g., passport or driver’s license).
Proof of address (e.g., utility bill, bank statement).
Proof of funds or income (e.g., pay stub, bank statement).
Additional documentation may be requested for:
High-value prize redemptions (over $2,000 USD).
High-risk transactions.
Cumulative prize redemptions exceeding specific thresholds.
Use of Third-Party Services. To support verification, we may collaborate with third-party service providers who assist with identity, credit, and other verification processes. These providers use the information you supply during registration or gameplay. By using our Platform, you consent to such partnerships as outlined in our Privacy Policy.
Submission Deadlines. You must submit requested documents within 30 days of the request. Certain cases may require shorter deadlines to expedite verification. Failure to provide the required documents within the specified timeframe may result in:
Restricted account access.
Suspension or closure of your account.
Termination of the verification process.
Location Verification. To comply with regulatory requirements, you may be asked to enable Location Services on your device or computer. This ensures compliance with jurisdictional laws and confirms your location for gameplay and prize redemption.
Account Restrictions and Suspension. Until verification checks are satisfactorily completed, your account may face temporary restrictions, such as:
Limited access to games or features.
Suspension of prize redemptions or financial transactions.
Non-compliance with verification requests within the designated timeframe may lead to account closure at our sole discretion. All prize redemption requests will remain pending until verification checks are successfully completed to our satisfaction. By adhering to these verification protocols, you help us maintain a safe and secure Platform for all users.
Intellectual property
Ownership of Intellectual Property. All intellectual property rights in our Platform, including the games, software, content, and any associated materials (collectively, the "Platform Content"), are owned by us or our licensors. This includes copyrights, trademarks, patents, trade dress, and any proprietary materials or arrangements used within the Platform. No ownership rights are transferred to you by using our services.
No Ownership Rights in Accounts. By using our Platform and games, you acknowledge that no ownership rights over the Platform, games, or your customer account are transferred to you. All rights remain with us or our licensors, and user accounts are fully controlled by us. You are expressly prohibited from copying, reproducing, modifying, distributing, or creating derivative works from the Platform Content. Additionally, any attempt to remove or alter copyright, trademark, or other proprietary notices is strictly prohibited.
Trademarks and Logos. All trademarks, logos, service marks, and trade names displayed on the Platform are protected by intellectual property laws and belong to their respective owners. These marks may not be used without prior written consent from us or the respective rights holders.
Feedback and Improvement Suggestions. Any feedback, suggestions, or improvement ideas you submit to us regarding the Platform are automatically assigned to us or are licensed to us under a royalty-free, perpetual, irrevocable license. This allows us to use, modify, and implement your suggestions without further consent or acknowledgment.
Enforcement of Rights. Unauthorized use of our intellectual property may lead to legal action. We reserve the right to enforce these terms to protect our intellectual property rights and maintain the integrity of the Platform.
Third party websites
Disclaimer of Responsibility and Liability. The Platform may contain links to third-party websites, applications, or content not owned or controlled by . We disclaim any responsibility or liability for any third-party content, functionality, or interactions, and users acknowledge that engagement with these sites is at their own risk. Any link to a third-party website does not imply endorsement, sponsorship, or approval by Dream Gaming Entertainment, Inc. We make no warranties regarding the accuracy, reliability, or quality of information or services provided by third-party sites.
Fraudulent Third-Party Sites. Users are cautioned that some third-party websites may be fraudulent, attempting to collect personal information or offer unauthorized in-game currency. We are not responsible for any damages or issues arising from interactions with these sites. You are solely responsible for understanding and agreeing to the terms and privacy policies of any third-party sites they choose to access through our Service. We advise users to review these policies to understand how personal data may be collected, shared, and used.
SERVICE USE DISCLAIMER AND LIMITATION OF LIABILITY
SERVICE PROVIDED "AS IS". THE PLATFORM, AND ALL ASSOCIATED CONTENT, MATERIALS, AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND FREEDOM FROM TECHNICAL ERRORS OR INTERRUPTIONS. THE DREAM GAMING AND ITS AFFILIATES, PARTNERS, CONTRACTORS, LICENSORS, AND OTHER ASSOCIATED ENTITIES (COLLECTIVELY, THE "SERVICE PARTIES") DO NOT GUARANTEE:
THAT THE PLATFORM, GAMES, OR MATERIALS WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY INFORMATION, CONTENT, OR RESULTS OBTAINED THROUGH THE SERVICE.
PROTECTION AGAINST VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS.
USER RESPONSIBILITY AND RISK ASSUMPTION. BY USING THE PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE IS AT YOUR OWN SOLE DISCRETION AND RISK. ANY MATERIALS DOWNLOADED OR OTHERWISE ACCESSED THROUGH THE PLATFORM ARE UNDERTAKEN AT YOUR OWN DISCRETION, AND YOU ARE FULLY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR DATA LOSS RESULTING FROM SUCH ACTIONS. THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR LOSSES INCURRED DURING SERVICE USE.
NO LIABILITY FOR SERVICE DISRUPTIONS. THE DREAM GAMING IS NOT RESPONSIBLE FOR TECHNICAL MALFUNCTIONS, SERVER DOWNTIME, INTERRUPTIONS, OR ANY RELATED ISSUES AFFECTING THE PLATFORM. IN THE EVENT OF DISCREPANCIES BETWEEN DISPLAYED RESULTS AND SERVER-STORED RESULTS, THE SERVER'S RECORDS ARE DEEMED FINAL AND AUTHORITATIVE. GAMEPLAY, VIRTUAL ITEMS, OR RESULTS AFFECTED BY TECHNICAL ISSUES MAY BE VOIDED, ADJUSTED, OR OTHERWISE RESOLVED AT THE SOLE DISCRETION OF THE DREAM GAMING.
MODIFICATION OR DISCONTINUATION. THE DREAM GAMING RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF THE PLATFORM OR ITS FEATURES, TEMPORARILY OR PERMANENTLY, AT ITS SOLE DISCRETION AND WITHOUT NOTICE. THIS INCLUDES BUT IS NOT LIMITED TO PLATFORM CHANGES DUE TO LOW USER ENGAGEMENT, ECONOMIC REASONS, OR OTHER OPERATIONAL CONSIDERATIONS. THE DREAM GAMING IS NOT LIABLE FOR ANY LOSSES OR INCONVENIENCES RESULTING FROM SUCH MODIFICATIONS, SUSPENSIONS, OR DISCONTINUATIONS.
LEGAL LIMITATIONS AND EXCEPTIONS. IN CERTAIN JURISDICTIONS, LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY EXCLUSIONS MAY NOT APPLY. WHERE LOCAL LAWS REQUIRE, DISCLAIMERS IN THIS SECTION WILL BE MODIFIED TO THE MINIMUM EXTENT NECESSARY TO COMPLY WITH SUCH LAWS WHILE RETAINING MAXIMUM ENFORCEABILITY. BY CONTINUING TO USE THE PLATFORM, YOU AGREE TO THESE TERMS AND ASSUME ALL ASSOCIATED RISKS. THE DREAM GAMING’S PRIORITY IS TO MAINTAIN A SECURE AND ENJOYABLE EXPERIENCE, BUT ULTIMATE RESPONSIBILITY FOR YOUR PLATFORM USE REMAINS WITH YOU.
LIMITATION OF LIABILITY
DISCLAIMER OF LIABILITY FOR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ITS AFFILIATES, PARTNERS, CONTRACTORS, LICENSORS, AND REPRESENTATIVES (COLLECTIVELY, THE "SERVICE PARTIES") DISCLAIM ALL LIABILITY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES ARISE FROM CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE.
LOSSES RELATED TO PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES ARISING FROM USE OF OR INABILITY TO USE THE PLATFORM,
ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR VIRUSES.
THIRD-PARTY CONDUCT, CONTENT, OR ACTIONS ON THE PLATFORM,
UNAUTHORIZED ACCESS TO OR ALTERATION OF USER DATA.
LIMITATION OF LIABILITY CAP. THE PLATFORM'S MAXIMUM LIABILITY TO ANY USER FOR CLAIMS ARISING FROM THE GAMES, AND PLATFORM’S USE IS CAPPED AT THE TOTAL AMOUNT YOU PAID TO THE DREAM GAMING WITHIN THE 180 DAYS PRIOR TO THE EVENT CAUSING THE CLAIM. IF NO PAYMENT WAS MADE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PLATFORM.
EXCEPTIONS TO LIABILITY LIMITATIONS. THE ABOVE LIMITATIONS DO NOT APPLY IN CASES WHERE APPLICABLE LAW PROHIBITS EXCLUSIONS, SUCH AS LIABILITY FOR:
DEATH OR PERSONAL INJURY CAUSED BY THE DREAM GAMING'S NEGLIGENCE.
FRAUD OR INTENTIONAL MISCONDUCT.
OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER U.S. LAW.
JURISDICTIONAL CONSIDERATIONS. SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY. IN SUCH CASES, THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT APPLY ONLY TO THE EXTENT ALLOWED BY LAW IN THAT JURISDICTION.
INDEMNITY AND THIRD-PARTY LIABILITY RELEASE
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DREAM GAMING AND THE SERVICE PARTIES FROM ANY CLAIMS, DAMAGES, OR EXPENSES ARISING FROM:
VIOLATIONS OF THESE TERMS.
MISUSE OF THE PLATFORM.
YOU ALSO RELEASE DREAM GAMING FROM LIABILITY RELATED TO THIRD-PARTY ACTIONS, CONDUCT, OR CONTENT ON THE PLATFORM, INCLUDING INTERACTIONS FACILITATED THROUGH THE PLATFORM.
Any claim or cause of action arising from or related to the use of the Platform must be initiated within one (1) year from the date the claim arose. Claims filed beyond this deadline will be permanently barred. By using the Platform, you acknowledge and agree to these limitations of liability and accept the sole remedies provided herein.
COMPLAINTS AND CUSTOMER SUPPORT PROCESS
We are committed to addressing your concerns promptly and transparently. If you encounter any issues with our Platform or services, please follow the steps outlined below for filing and resolving complaints.
All complaints should be directed to our customer support team via the dedicated support email address [email protected], or through the appropriate form available on the Platform. Ensure that all communications are sent from the email address registered to your account. Using a different email may delay our response. Information to Include in your complaint. To expedite the resolution process, include the following details in your complaint:
Your username.
Your registered first and last name.
A detailed description of the issue, including relevant specifics.
Any associated dates and times related to the incident.
We aim to investigate and respond to complaints within 5 calendar days of receipt. If additional time is required, we may take up to 10 calendar days and will notify you within 3 days of the expected delay. In exceptional cases, a response may take up to 20 calendar days, with notification of the delay provided within 10 days.
Complaints must be submitted within three (3) months of the issue occurring to ensure proper investigation and resolution. If you are dissatisfied with the resolution, you may seek arbitration as outlined in Section 17 of the Terms.
DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT
DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT. PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND DREAM GAMING TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH DREAM GAMING AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT OUT IS TIME-LIMITED—YOU MUST OPT OUT WITHIN 30 DAYS, AND THIS DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR HAVING A JURY TRIAL. THESE PROVISIONS GENERALLY PREVENT YOU FROM BRINGING OR PARTICIPATING IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST DREAM GAMING. THIS ALSO APPLIES TO ANY RELIEF RECOVERED UNDER SUCH ACTIONS BROUGHT BY OTHERS.
Scope of Arbitration Provision. Unless you opt out, you and Dream Gaming agree that any claim, controversy, or dispute between you and Dream Gaming (the “parties”) related to your access to or use of the platform will be resolved exclusively through final and binding arbitration, not in court or before a jury, whether the claim arose prior to, on, or after the date you accepted these Terms. This Arbitration Agreement is broadly interpreted and includes any dispute, claim, or controversy relating to any part of your relationship with Dream Gaming or its actions (or inactions), including claims based on breach of contract, tort (e.g., negligence), or violation of law.
Time Limitations for Filing Claims. YOU AND DREAM GAMING AGREE THAT ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE FILED FOR ARBITRATION WITHIN ONE (1) YEAR OF THE EVENT GIVING RISE TO THE CLAIM(S), EXCEPT FOR CLAIMS UNDER RCW § 19.86.010, ET SEQ., WHICH MUST BE FILED WITHIN THREE (3) YEARS. If this time limitation is unenforceable, claims must be filed within the limitations period provided by the relevant state or federal law. CLAIMS NOT BROUGHT WITHIN THESE TIME PERIODS ARE PERMANENTLY BARRED.
Costs of Arbitration. For claims under $10,000, Dream Gaming will cover reasonable filing, administrative, and arbitrator fees exceeding $200, unless the arbitrator finds the claim frivolous or brought for an improper purpose. If you show that arbitration costs are prohibitive compared to litigation, Dream Gaming will pay additional fees as necessary to ensure arbitration is not cost-prohibitive. However, you remain responsible for your own attorneys’ fees.
Arbitration Procedure. These terms constitute a written agreement to arbitrate disputes under the arbitration laws of New Jersey. Arbitration will be administered by the American Arbitration Association (“AAA”) using its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes. Rules are available at www.adr.org or by calling AAA at 1-800-778-7879.
Any disputes regarding the formation, enforceability, validity, or severability of this Arbitration Agreement will be decided by a court, not an arbitrator. The arbitrator has no authority to modify these terms or award punitive damages except as permitted by law. Interim relief, such as injunctions, may be sought in court without waiving the right to arbitration.
The arbitrator will issue a written award enforceable in court. Relief may only be granted on an individual basis—relief for others or against non-parties is not permitted.
Notice Requirement Before Arbitration: Before starting arbitration, you must send written notice by certified mail to Dream Gaming, including your account details, a description of your dispute, and the relief sought. If Dream Gaming does not resolve the dispute within 30 days of receiving proper notice, arbitration may proceed.
Opt-Out Procedure. You may opt out of this Arbitration Agreement within 30 days of accepting these Terms by sending written notice via email or U.S. Mail to Dream Gaming’s specified address. Your notice must include your name, address, and a statement declining arbitration. FAILURE TO OPT OUT WITHIN 30 DAYS BINDS YOU TO THESE TERMS.
Confidentiality. You and Dream Gaming agree to keep arbitration proceedings, awards, and hearings confidential, except as necessary for legal compliance or enforcement.
MISCELLANEOUS
Entire Agreement. These Terms, along with our Privacy Policy, Responsible Social Play Policy, Sweepstakes Policy, and any applicable Special Terms, constitute the entire agreement between you and Dream Gaming Entertainment, Inc regarding your access to and use of the Platform. They supersede all prior agreements, whether oral or written, related to your use of the services. In the event of any inconsistency between these Terms and other information or documents provided to you, these Terms shall prevail.
Force Majeure. Dream Gaming Entertainment, Inc is not liable for any delay or failure to perform its obligations under these Terms due to events beyond its reasonable control, including but not limited to natural disasters, government actions, system failures, or other unforeseen circumstances.
Severability. If any provision of these Terms is found to be invalid or unenforceable by a court or arbitrator, the invalid provision shall be severed, and the remainder of the Terms will continue in full force to the maximum extent permitted by law.
Assignment and Business Transfers. You may not assign or transfer your rights or obligations under these Terms without prior written consent from Dream Gaming Entertainment, Inc. Dream Gaming Entertainment, Inc may freely assign or transfer its rights and obligations under these Terms, including during a merger, acquisition, or sale of assets. In such cases, your account and data may be transferred, and you will be notified of the transfer.
Waiver. Failure by Dream Gaming Entertainment, Inc to enforce any provision of these Terms does not constitute a waiver of its rights to enforce that provision or any other part of the Terms. Any waiver must be in writing and signed by an authorized representative. A waiver of any breach does not waive subsequent breaches.
Notice Procedures. Notices to you will be sent to the email address registered on your account, posted on the Platform, or delivered through other reasonable means. Notices to Dream Gaming Entertainment, Inc must be sent in writing to the contact information provided in these Terms. Notices are deemed received at 9:00 a.m. the next business day after sending unless the sender receives an automated failure notification.
Independent Contractor Relationship. Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and Dream Gaming Entertainment, Inc. Both parties remain independent entities, and no rights to bind or represent the other are granted or implied.
Survival of Obligations. Provisions that by their nature should survive termination of these Terms, including those regarding liability, dispute resolution, and tax responsibilities, will remain in effect.
Language. In case of discrepancies between translations, the English version of these Terms shall prevail.
Recording of Communications. Dream Gaming Entertainment, Inc may record and retain communications with users, including support interactions, for quality assurance and compliance purposes.
Variations. Dream Gaming Entertainment, Inc may update these Terms at any time. Updates will take effect upon publication on the Platform. If changes materially affect your rights or obligations, you will be notified and required to re-confirm your acceptance. If you do not agree to the updated Terms, you must stop using the Platform. Continued use constitutes acceptance of the updated Terms.
Contact information
If you have any questions, concerns, or comments regarding this Terms of Service or our please contact us:
GOVERNING LAW
Governing Law and Jurisdiction. These Terms, along with your access to and use of the Platform and its Content, are governed by and construed in accordance with the laws of the United States and the State of ____________, without applying any principles of conflict of laws that might require applying the laws of another jurisdiction. For the avoidance of doubt, the choice of New Jersey law governs only the interpretation and enforcement of these Terms and does not displace statutory claims or remedies available under applicable state law.
Arbitration-Related Motions. Motions to compel arbitration, enforce arbitral awards, or related proceedings may be brought in any court with competent jurisdiction, notwithstanding the exclusive jurisdiction clause above.
Compliance with Laws. The Platform is controlled and operated from within the United States, and Dream Gaming Entertainment, Inc makes no representations that its Content is appropriate or available for use outside of the U.S. If you access or use the Platform from other locations, you are solely responsible for complying with all applicable local laws, including but not limited to export laws and regulations.
Certain content on the Platform may be subject to U.S. export controls and cannot be downloaded, exported, or re-exported:
To countries under U.S. embargoes, such as Cuba, Iran, Iraq, Libya, North Korea, Syria, Russia, or Yugoslavia;
To individuals on the U.S. Treasury Department’s Specially Designated Nationals list; or
To individuals or entities on the U.S. Commerce Department’s Table of Denial Orders.
By accessing or using the Platform, you represent and warrant that you are not located in, under the control of, or a national or resident of any such restricted country or list.
Operational Location and Compliance
The Platform and services are operated from within the United States. International users are responsible for ensuring their access to and use of the Platform complies with all applicable local and international laws, including but not limited to data protection and export control regulations.
Exclusions
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and is expressly excluded.