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Terms and Conditions

1. Introduction

These terms and conditions and the documents referred to below (the “Terms”) apply to the online-programs and its related services (collectively, the “Service”) operated by Lucky Gem.

You should carefully review these Terms as they contain important information concerning your rights and obligations concerning the use of the Service and form a binding legal agreement between you — our customer (the “Customer”), and us. By using this Service and/or accessing the Service, you, whether you are a guest or a registered user with an account (“Account”), agree to be bound by these Terms, together with any amendments, which may be published from time to time. If you do not accept these Terms, you should refrain from accessing and using the Service.

The Service is operated by Lucky Gem (“Company”), a duly registered company in accordance with the laws of the Autonomous Island of Anjouan, Union of Comoros with registered company No. 15925.

2. General Terms

We reserve the right to revise and amend the Terms (including any documents referred to and linked to below) at any time. You should visit this page periodically to review the Terms and Conditions. Amendments will be binding and effective immediately upon publication on this Service. If you object to any such changes, you must immediately stop using the Service. Your continued use of the Service following such publication will indicate your agreement to be bound by the Terms as amended.

3. Your Obligations

You acknowledge that at all times when accessing and using the Service:

3.1. You are over 18, or the legal age required to use our Service. You are of legal capacity and can enter into a binding legal agreement with us. You must not access or utilize the Service if you are not of legal capacity.

3.2. You are not acting on behalf of another party or for any commercial purposes, but solely on your own behalf as a private individual in a personal capacity.

3.3. You must not either attempt to manipulate any market or element within the Service in bad faith nor in a manner that adversely affects the integrity of the Service or us.

3.4. You must generally act in good faith in relation to us of the Service at all times and for all payments made using the Service.

4. Restricted use

4.1. You must not use the Service:

4.1.1. If you are under the age of 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you) or if you are not legally able to enter into a binding legal agreement with us or you acting as an agent for, or otherwise on behalf, of a person under 18 years (or below the age of majority as stipulated in the laws of the jurisdiction applicable to you).

4.1.2. To disrupt or unduly affect or influence the activities of other Customers or the operation of the Service generally.

4.1.3. To promote unsolicited commercial advertisements, affiliate links, and other forms of solicitation which may be removed from the Service without notice.

4.1.4. In any way which, in our reasonable opinion, could be considered as an attempt to: (i) cheat the Service or another Customer using the Service; or (ii) collude with any other Customer using the Service in order to obtain a dishonest advantage.

4.1.5. To scrape our odds or violate any of our Intellectual Property Rights; or

4.1.6. for any unlawful activity whatsoever.

4.2. You cannot sell or transfer your account to third parties, nor can you acquire a player account from a third party.

4.3. You may not, in any manner, transfer in-game virtual currency and virtual items between player accounts, unless this specifically provided by the Service functionality.

4.4. We may immediately terminate your Account with or without written notice to you if you use the Service for unauthorised purposes. We may also take legal action against you for doing so in certain circumstances.

5. Registration

You agree that at all times when using the Service:

5.1. We reserve the right to refuse to accept a registration application from any applicant at our sole discretion and without any obligation to communicate a specific reason.

5.2. You have to enable notifications from the Service and keep notifications active at all times until your Account is deleted if you want to receive important information and support from the Service. Failure to do so may result in you failing to receive important Account related notifications and information from us, including changes we make to these Terms. We identify and communicate with our Customers via e-mail specified during registration. Each Customer is wholly responsible for maintaining the security of his account with which he registers in the Service.

5.3. You are only allowed to register one Account with the Service.

5.4. In order to confirm your identity, we may ask you to provide us with additional personal information, such as your name and surname, or use any third-party information providers we consider necessary. Should any additional personal information be obtained via third-party sources, we will inform you about the data obtained.

5.5. You must keep your password for the Account you use to log into the Service confidential. Provided that the Account information requested has been correctly supplied, we are entitled to assume that purchases have been made by you. We advise you to change your password on a regular basis and never disclose it to any third party. It is your responsibility to protect your password and any failure to do so shall be at your sole risk and expense. You may log out of the Service at the end of each session. If you believe any of your Account information is being misused by a third party, or your Account has been hacked into, or your password has been discovered by a third party, you must notify us immediately. We will immediately suspend your Account once we are aware of such an incident. In the meantime you are responsible for all activity on your Account including third party access, regardless of whether or not their access was authorised by you.

6. Your Account

6.1. Service use only in-game virtual currency and virtual items. You can purchase in-game currency through affiliated payment aggregators and payment systems. However, Lucky Gem is not responsible for the proper functioning of such aggregators and payment systems.

6.2. We do not give credit for the use of the Service.

6.3. We may close or suspend an Account if you are not or we reasonably believe that you are not complying with these Terms, or to ensure the integrity or fairness of the Service or if we have other reasonable grounds to do so. We may not always be able to give you prior notice.

6.4. We reserve the right to close or suspend any Account without prior notice.

6.5. We reserve the right to refuse, restrict, cancel any purchase in-game currency or in-game items at any time for whatever reason, including those made in a fraudulent manner in our sole discretion.

6.6. If any in-game currency / in-game items amount is mistakenly credited to your Account it remains our property and when we become aware of any such mistake, we shall notify you and the amount will be withdrawn from your Account.

6.7. You must inform us as soon as you become aware of any errors with respect to your Account.

6.8. Please remember that Service is purely for entertainment and pleasure.

6.9. You cannot transfer or sell Your Account to another person.

6.10. If you wish to close your account with us, please send a request email to our e-mail luckygem.help@gmail.com.

7. Deposit of Funds

7.1. You must use e-wallets or another payment means that belong to you and registered in your name. You can connect another registered e-wallet service at any time, if its technical integration is provided by the Service. Note that some payment systems may apply additional currency exchange fees which will be deducted from the sum of your deposit.

7.2. Purchasing and exchanging in-game currency / in-game items may be subject to a fee in the amount which will be available before making a payment. You are responsible for your own charges that you may incur due to purchases or exchanges in Service.

7.3. Company is not a financial institution and uses a third party electronic payment processors to process purchases and exchanges; they are not processed directly by us. If you make purchases or exchanges, they will be completed if we receive confirmation from the third party service (e-wallet) that you have connected to the Service and through which you made the relevant purchase or exchange.

7.4. You agree to fully pay any and all payments and charges due to us or to payment providers in connection with your use of the Service. You further agree not to make any charge-backs or renounce or cancel or otherwise reverse any of your purchases or exchanges. You acknowledge and agree that your player account is not a bank account and is therefore not guaranteed, insured or otherwise protected by any deposit or banking insurance system or by any other similar insurance system of any other jurisdiction, including but not limited to your local jurisdiction. Furthermore, the player account does not bear interest on any of the funds held in it.

7.5. If you decide to accept any of our promotional or bonus offer by entering a bonus code during purchase or exchange on the Service, you agree to the Terms of Bonuses and terms of each specific bonus.

7.6. Funds originating from criminal and/or illegal and/or unauthorized activities must not be used to make a purchase on the Service.

8. Payment Transactions and Processors

8.1. You are fully responsible for paying all monies owed to us. You must make all payments to us in good faith and not attempt to reverse a payment made or take any action which will cause such payment to be reversed by a third party in order to avoid a liability legitimately incurred. The Service doesn’t allow to reverse a payment.

8.2. We reserve the right to use third party electronic payment processors to process payments made by you and you agree to be bound by their terms and conditions providing they are made aware to you and those terms do not conflict with these Terms.

8.3. All transactions made in our Service might be checked to prevent money laundering or terrorism financing activity. Suspicious transactions will be reported to the relevant authority.

9. Errors

9.1. The Service is provided as is. You are under an obligation to inform us immediately as soon as you become aware of any error with the Service. In the event of communication or system errors or bugs or viruses occurring in connection with the Service and/or payments made to you as a result of a defect or error in the Service, we will not be liable to you or to any third party for any direct or indirect costs, expenses, losses or claims arising or resulting from such errors.

10. Communications and Notices

10.1. All communications and notices to be given under these Terms by you to us shall be sent on the Customer Support e-mail luckygem.help@gmail.com.

10.2. All communications and notices to be given under these Terms by us to you shall, unless otherwise specified in these Terms, be either posted in the Service and/or sent to the Registered e-mail.

10.3. All communications and notices to be given under these Terms by either you or us shall be in writing in the English language.

10.4. From time to time, we may contact you for the purpose of offering you information about unique promotional offerings, and other information. You agree to receive such notices when you agree to these Terms when registering at the Service. You can choose to opt out of receiving such promotional offerings from us at any time by submitting a request to the Customer Support.

11. Matters Beyond Our Control

We cannot be held liable for any failure or delay in providing the Service due to an event of Force Majeure which could reasonably be considered to be outside our control despite our execution of reasonable preventative measures such as: an act of God; trade or labour dispute; power cut; act, failure or omission of any government or authority; obstruction or failure of telecommunication services; or any other delay or failure caused by a third party, and we will not be liable for any resulting loss or damage that you may suffer. In such an event, we reserve the right to cancel or suspend the Service without incurring any liability.

12. Liability

12.1. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT COMPENSATE YOU FOR ANY REASONABLY FORESEEABLE LOSS OR DAMAGE (EITHER DIRECT OR INDIRECT) YOU MAY SUFFER IF WE FAIL TO CARRY OUT OUR OBLIGATIONS UNDER THESE TERMS UNLESS WE BREACH ANY DUTIES IMPOSED ON US BY LAW (INCLUDING IF WE CAUSE DEATH OR PERSONAL INJURY BY OUR NEGLIGENCE) IN WHICH CASE WE SHALL NOT BE LIABLE TO YOU IF THAT FAILURE IS ATTRIBUTED TO: (I) YOUR OWN FAULT; (II) A THIRD PARTY UNCONNECTED WITH OUR PERFORMANCE OF THESE TERMS (FOR INSTANCE PROBLEMS DUE TO COMMUNICATIONS NETWORK PERFORMANCE, CONGESTION, AND CONNECTIVITY OR THE PERFORMANCE OF YOUR EQUIPMENT); OR (III) ANY OTHER EVENTS WHICH NEITHER WE NOR OUR SUPPLIERS COULD HAVE FORESEEN OR FORESTALLED EVEN IF WE OR THEY HAD TAKEN REASONABLE CARE. AS THIS SERVICE IS FOR CONSUMER USE ONLY WE WILL NOT BE LIABLE FOR ANY BUSINESS LOSSES OF ANY KIND.

12.2. IN THE EVENT THAT WE ARE HELD LIABLE FOR ANY EVENT UNDER THESE TERMS, OUR TOTAL AGGREGATE LIABILITY TO YOU UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED EUR €100 IN AGGREGATE, WHICHEVER IS LOWER.

12.3. WE STRONGLY RECOMMEND THAT YOU (I) TAKE CARE TO VERIFY THE SUITABILITY AND COMPATIBILITY OF THE SERVICE WITH YOUR OWN EQUIPMENT PRIOR TO USE; AND (II) TAKE REASONABLE PRECAUTIONS TO PROTECT YOURSELF AGAINST HARMFUL PROGRAMS OR DEVICES INCLUDING THROUGH INSTALLATION OF ANTI-VIRUS SOFTWARE.

13. Intellectual Property

Lucky Gem and its licensors retain all intellectual property rights and interests in the Services, Virtual Items, and your Account (except for any physical media with pre-installed Services, if applicable), as well as objects that are part of the Service, such as:

  • Information, text, data, files, code, scripts, design, graphics, drawings, illustrations, photos, sounds, music, titles, themes, objects, characters, names, dialogues, places, stories, plots, animation, concepts, audiovisual effects, interactive features, gameplay, modus operandi, compilation, assembly, and arrangement of Service materials, Virtual Items or Accounts, as well as any other materials that may be subject to copyright and related rights;
  • Trademarks, logos, trade names, corporate identity elements, patents;
  • Other forms of intellectual property;

(collectively the “Lucky Gem Content”) shall remain in Lucky Gem and/or its suppliers, and are protected by the copyright laws.

You may not sell, copy (except for lawful exceptions such as “private copies” in accordance with applicable laws), lend, rent, distribute, disassemble, decompile, use to obtain source code, reverse engineer (except as permitted by applicable laws), modify, use to create derivative works, commercialize, or otherwise use to derive benefit from the Service (including all types of Lucky Gem Content), Virtual Items, or your Account, as well as create derivative works based on them without the prior written consent of Lucky Gem.

Without limiting the foregoing, nothing in the limited license to the Services granted to you under these Terms permits you to use the Services (including any Lucky Gem Content), Virtual Items, or your Account for any kind of development, training, improvement, sourcing, or advertising of any generative artificial intelligence tools. Artificial intelligence services refer to a set of technological solutions that allow the imitation of human cognitive functions (including the search for solutions without a predefined algorithm) and, when performing specific tasks, obtain results comparable to or superior to those of human intellectual activity. Such sets of technological solutions include information and communication infrastructure, software (including software that uses machine learning methods), processes, and services for data processing and solution finding.

The Services may allow you to create content (“Your Content”) that incorporates the Lucky Gem Content, including, but not limited, to photos incorporating elements or graphics from games, screenshots or a video of your game play, as well as other digital materials or text or voice messages that you create, transmit, or distribute through the Services. Lucky Gem retains all rights, title and interest in and to the Lucky Gem Content. You retain all rights to Your Content; provided, however, that Lucky Gem shall have an exclusive, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to Your Content for any purpose, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute Your Content without any further notice or compensation to you. Except where prohibited by law, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Lucky Gem use of Your Content. We do not always check your content available through the Services and are not obligated to actively monitor it. We do not guarantee the safety, quality, or authenticity of any of your content. Such content does not express the views of Lucky Gem, its employees, or any other persons associated with it. By creating, transmitting, and/or distributing your content, you represent and warrant that you have full, sole, and unencumbered rights to third-party rights (other than Lucky Gem’s rights, where permitted) and that any such rights you grant to Lucky Gem under these Terms will not infringe or violate the rights of any third party.

14. Your License

14.1. Subject to these Terms and your compliance with them, we grant to you a non-exclusive, limited, non transferable and non sub-licensable license to access and use the Service for your personal non-commercial purposes only. Our license to you terminates if our agreement with you under these Terms ends.

14.2. Save in respect of your own content, you may not under any circumstances modify, publish, transmit, transfer, sell, reproduce, upload, post, distribute, perform, display, create derivative works from, or in any other manner exploit, the Service and/or any of the content thereon or the software contained therein, except as we expressly permit in these Terms or otherwise in the Service. No information or content in the Service or made available to you in connection with the Service may be modified or altered, merged with other data or published in any form including for example screen or database scraping and any other activity intended to collect, store, reorganise or manipulate such information or content.

14.3. Any non-compliance by you with this Clause may also be a violation of our or third parties’ intellectual property and other proprietary rights which may subject you to civil liability and/or criminal prosecution.

15. Your Conduct and Safety

15.1. For your protection and protection of all our Customers, the posting of any content on the Service, as well as conduct in connection therewith and/or the Service, which is in any way unlawful, inappropriate or undesirable is strictly prohibited (“Prohibited Behaviour”).

15.2. If you engage in Prohibited Behaviour, or we determine in our sole discretion that you are engaging in Prohibited Behaviour, your Account and/or your access to or use of the Service may be terminated immediately without notice to you. Legal action may be taken against you by another Customer, other third party, enforcement authorities and/or us with respect to you having engaged in Prohibited Behaviour.

15.3. Prohibited Behaviour includes, but is not limited to, accessing or using the Service to:

  • promote or share information that you know is false, misleading or unlawful;
  • conduct any unlawful or illegal activity, such as, but not limited to, any activity that furthers or promotes any criminal activity or enterprise, violates another Customer’s or any other third party’s privacy or other rights or that creates or spreads computer viruses;
  • harm minors in any way;
  • transmit or make available any content that is unlawful, harmful, threatening, abusive, tortuous, defamatory, vulgar, obscene, lewd, violent, hateful, or racially or ethnically or otherwise objectionable;
  • transmit or make available any content that the user does not have a right to make available under any law or contractual or fiduciary relationship, including without limitation, any content that infringes a third party’s copyright, trademark or other intellectual property and proprietary rights;
  • transmit or make available any content or material that contains any software virus or other computer or programming code (including HTML) designed to interrupt, destroy or alter the functionality of the Service, its presentation or any other website, computer software or hardware;
  • interfere with, disrupt or reverse engineer the Service in any manner, including, without limitation, intercepting, emulating or redirecting the communication protocols used by us, creating or using cheats, mods or hacks or any other software designed to modify the Service, or using any software that intercepts or collects information from or through the Service;
  • retrieve or index any information from the Service using any robot, spider or other automated mechanism;
  • participate in any activity or action that, in the sole and entire unfettered discretion of us results or may result in another Customer being defrauded or scammed;
  • transmit or make available any unsolicited or unauthorised advertising or mass mailing such as, but not limited to, junk mail, instant messaging, “spim”, “spam”, chain letters, pyramid schemes or other forms of solicitations;
  • create Accounts in the Service by automated means or under false or fraudulent pretences;
  • impersonate another Customer or any other third party,
  • or any other act or thing done that we reasonably consider to be contrary to our business principles.

The above list of Prohibited Behaviour is not exhaustive and may be modified by us at any time or from time to time. We reserve the right to investigate and to take all such actions as we in our sole discretion deem appropriate or necessary under the circumstances, including without limitation deleting the Customer’s posting(s) from the Service and/or terminating their Account, and take any action against any Customer or third party who directly or indirectly in, or knowingly permits any third party to directly or indirectly engage in Prohibited Behaviour, with or without notice to such Customer or third party.

16. Links to Other websites

The Service may contain links to third party websites that are not maintained by, or related to, us, and over which we have no control. Links to such websites are provided solely as a convenience to Customers, and are in no way investigated, monitored or checked for accuracy or completeness by us. Links to such websites do not imply any endorsement by us of, and/or any affiliation with, the linked websites or their content or their owner(s). We have no control over or responsibility for the availability nor their accuracy, completeness, accessibility and usefulness. Accordingly when accessing such websites we recommend that you should take the usual precautions when visiting a new website including reviewing their privacy policy and terms of use.

17. Complaints

17.1. If you have any concerns or questions regarding these Terms you should contact our Customer Service Department and use your registered Email Address in all communication with us.

17.2. NOTWITHSTANDING THE FOREGOING, WE TAKE NO LIABILITY WHATSOEVER TO YOU OR TO ANY THIRD PARTY WHEN RESPONDING TO ANY COMPLAINT THAT WE RECEIVED OR TOOK ACTION IN CONNECTION THEREWITH.

17.3. We shall use our reasonable endeavours to respond to queries of this nature within a reasonable time frame (and in any event we intend to respond to all such queries within 30 days of receipt).

18. Assignment

Neither these Terms nor any of the rights or obligations hereunder may be assigned by you without the prior written consent of us, which consent will not be unreasonably withheld. We may, without your consent, assign all or any portion of our rights and obligations hereunder to any third party provided such third party is able to provide a service of substantially similar quality to the Service.

19. Severability

In the event that any provision of these Terms is deemed by any competent authority to be unenforceable or invalid, the relevant provision shall be modified to allow it to be enforced in line with the intention of the original text to the fullest extent permitted by applicable law. The validity and enforceability of the remaining provisions of these Terms shall not be affected.

20. Breach of These Terms

Without limiting our other remedies, we may suspend or terminate your Account and refuse to continue to provide you with the Service, in either case without giving you prior notice, if, in our reasonable opinion, you breach any material term of these Terms.

21. General Provisions

21.1. Term of agreement. These Terms shall remain in full force and effect while you access or use the Service or are a Customer or visitor of the Service. These Terms will survive the termination of your Account for any reason.

21.2. Gender. Words importing the singular number shall include the plural and vice versa, words importing the masculine gender shall include the feminine and neuter genders and vice versa and words importing persons shall include individuals, partnerships, associations, trusts, unincorporated organisations and corporations.

21.3. Waiver. No waiver by us, whether by conduct or otherwise, of a breach or threatened breach by you of any term or condition of these Terms shall be effective against, or binding upon, us unless made in writing and duly signed by us, and, unless otherwise provided in the written waiver, shall be limited to the specific breach waived. The failure of us to enforce at any time any term or condition of these Terms shall not be construed to be a waiver of such provision or of the right of us to enforce such provision at any other time.

21.4. Acknowledgement. By hereafter accessing or using the Service, you acknowledge having read, understood and agreed to each and every paragraph of these Terms. As a result, you hereby irrevocably waive any future argument, claim, demand or proceeding to the contrary of anything contained in these Terms.

21.5. Language. In the event of there being a discrepancy between the English language version of these rules and any other language version, the English language version will be deemed to be correct.

21.6. Entire agreement. These Terms constitute the entire agreement between you and us with respect to your access to and use of the Service, and supersedes all other prior agreements and communications, whether oral or written with respect to the subject matter hereof.