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Terms and Conditions

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‍EFFECTIVE AS OF April 27, 2023

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION ‎15 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE USE OF THE SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION ‎15 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.

Introduction

These Terms of Use (“Terms”) constitute a binding legal agreement between Lootheads Ltd. and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities (collectively, “Lootheads”, “we,” “our,” or “us”) and you (“you” or “your”), and govern your access and use of all features, content, and other services provided by Lootheads, including without limitation our website https://www.lootheads.com (“Website”) and gaming applications (“App(s)”; collectively with the Website, “Services“). All references to “you” or “your,” as applicable, mean the person who accesses, uses, or participates in the Services in any manner, and each of your heirs, assigns, and successors.

By registering an account or accessing the Services, you affirm that you have read, understood, accept and agree to be bound by these Terms and our Privacy Policy incorporated herein by reference. If you do not agree to these Terms or the Privacy Policy, you may not register an account or otherwise use or access the Services.

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  1. Device Information

Using the Services requires an internet connection to our servers and the processing of certain information from you and your internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Services from any device that logs onto the Services using your account. We will use that information according to our Privacy Policy.

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We do not warrant that our Services will work on all Devices. You are solely responsible for obtaining and maintaining compatible Devices necessary to access and use our Services, as updated from time to time.

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  1. ​​​   Eligibility

Lootheads's Services are intended solely for users who are at least sixteen (13) years of age or older, and any registration, use of or access to the Services by anyone under the age of 13 is unauthorized, unlicensed, and in violation of these Terms. If we have any reason to believe that you are under 13 years of age, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing the Services (or any portion, aspect or feature thereof).

By accessing or otherwise using the Services, you represent and warrant that you (i) are at least 13 year of age; (ii) have the legal power to form a binding contract with Lootheads; (iii) are physically located in a jurisdiction in which participation in the Services is unrestricted by that jurisdiction’s laws; and (iv) agree to at all times abide by these Terms and all applicable laws. If you do not meet all of these eligibility requirements, you are not permitted to access or use any of the Services, and Lootheads may suspend or close your account with or without notice.​

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  1. Account Registration

When you create an account, you will be asked to provide certain information, which may involve: (i) registering a unique username and password; (ii) providing contact information, such as your name, phone number, and email address; and (iii) any other information we request on the account registration form. You may not register an account with details which are not your own or register an account for or on behalf of any other person.

You are responsible for keeping your account information secure. Please do not share your account information with anyone. By registering an account, you agree to notify us immediately if you have lost control of your password or you suspect there is unauthorized activity in your account. You remain fully liable for any actions taken in respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.

As the holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your account; (ii) access the Services through your account; or (iii) accept or use prizes from your account. Neither your account nor prizes won from participating in competitions are transferable to any other person or account.

We reserve the right to verify your account details, such as name, address, and age, at any time, by requesting copies of certain documents, or by processing your technical data. If deemed necessary, we may request that the said document copies are notarized by a Public Notary. In the event that a request for copies is not completed by you, Lootheads may, at its sole discretion, terminate your account.

In order to encourage users to succeed in our games, we may publish data relating to the most successful users in the games, in our sole discretion, and as required by law. Publishing data relating to the most successful users will vary according to categories of users and statistics. We may publish such statistics pertaining to successful users and create informal competitions between various categories of users in a manner which shall be viewable by all users of the game.

  1. ​​   Compliance with Laws

You are solely responsible for your compliance with all applicable laws. Use of the Services is void where prohibited or restricted by applicable law. Your participation in the Services is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in or use of the Services, nor shall any person affiliated, or claiming affiliation, with us have authority to make any such representations or warranties.

You must comply with all applicable export and sanction laws and regulations (''Trade Controls'') and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. Trade Controls are subject to change, and prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Lootheads's sole discretion due to local legislation requirements or any other reason upon its sole discretion, or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.

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  1. ​​​   User-Generated Content

The Services enable users to upload, post, transmit, or share content ("User Content"). This User Content may be used to produce additional User Content, either individually or collaboratively with other users, by extracting portions of User Content generated by other users. The User Content, which may include Lootheads's proprietary materials, is not verified or endorsed by us. The opinions expressed by other users on the Services do not reflect our values or opinions. To utilize features that permit you to upload or transmit User Content through the Services or to communicate with other users, you must adhere to the guidelines outlined in these Terms.

By uploading or sharing any User Content through the Services, you represent and warrant that you have, and you agree to grant us, all rights necessary to expressly grant to Lootheads a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, host, store, reproduce, modify, adapt, edit, translate, distribute, syndicate, publicly perform, publicly display, transmit, communicate to the public, make available, make derivative works of all such User Content and without limitation any name, voice, image are/or likeness as contained in the User Content, in whole or in part, in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Lootheads's businesses.

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Lootheads reserves the right (but not the obligation) to remove, edit or refuse to transmit any Users Content for the purpose of enforcing these Terms, or for any other reason in Lootheads's sole discretion.

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  1. ​   Prohibited Uses

You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.

You may not (and shall not permit any third party to) either take any action, upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission (including User Content) on or through the Services that: (i) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, offensive, pornographic, or otherwise inappropriate, as Lootheads may determine in its sole discretion; (ii) infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party; (iii) violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations; (iv) involves commercial activity not expressly permitted by Lootheads; (v) contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with, or limit, the proper functionality of any software or hardware, or that enables to obtain unauthorized access to any system, data, password or other information of Lootheads, its users, or any other individual or entity; (vi) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in a manner that sends more request messages to Lootheads’s servers than a human can reasonably produce in the same period of time; (vii) impersonates any individual or entity, including, without limitation, employees or representatives of Lootheads. You shall be solely responsible for any and all content of any kind that you make available (by uploading or otherwise) or use through the Services; or viii) removes, infringes, violates, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill and third-party rights.

You represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in, aids and abets, or displays behavior that may be interpreted, in our sole discretion, as unfair methods in participating in the Services, including but not limited to the use of unauthorized or altered software or hardware to assist play harassment of other participants; posting objectionable material; breach of these Terms; breach of security of your account; or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), will be subject to immediate sanction (as determined by us in our sole discretion), which may include, without limitation: (i) immediate termination of your account and blocking of your access to the Services; (ii) any Virtual Items (as defined below) that you may otherwise have been entitled to receive shall be void and forfeited. Your abuse may entitle Lootheads for indemnification as detailed in section ‎13.

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In addition to the foregoing, we reserve the right to disclose or report any illegal activity to law enforcement and regulatory authorities.​

  1. ​​   Third-Party Services

The Services may provide links to third-party websites, applications, services, offerings, products or other activities (“Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that Lootheads endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third-Party Services. Your use of such Third-Party Services is made at your own risk and shall be subject to the terms governing use of such Third-Party Services. You acknowledge that Lootheads has no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have with regard to such Third-Party Services should be directed to such third parties. You understand that when you click on these links any data which you provide afterwards is subject to that third party’s terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.

If you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Lootheads only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. ​​   Limitation of Liability

By using the Services, you understand and agree that Lootheads’s liability in connection with your use of the Services is as set forth below. Under no circumstances shall Lootheads, its parents, subsidiaries, or affiliates, or the directors, officers, employees, agents, successors or assigns or other representatives of each of them (collectively, the “Lootheads Entities and Individuals”), be liable to you or any other person for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to (i) the Website, Apps, Services, User Content or your uploaded information; (ii) the use of, inability to use, or performance of the Services; (iii) any action taken in connection with an investigation by Lootheads or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with intellectual property rights; (v) any breach of these Terms; (vi) any transaction, purchase or activity made on your account; or (vii) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Lootheads Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Lootheads Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

In no event shall the Lootheads Entities and Individuals’ total liability to you for all damages, losses, or causes of action exceed in the aggregate one hundred U.S Dollars ($100). The Lootheads Entities and Individuals are not responsible for any damage to your and any third parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction. If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Lootheads’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any Services or other properties owned or controlled by Lootheads or its parents, subsidiaries, or affiliates and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims.

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  1. ​  Disclaimer of Warranties

You acknowledge and agree that you assume full responsibility for your use of the Services and any other User Content you upload to or make available through the Services. You acknowledge and agree that your use of the Services is at your own risk. You acknowledge and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. Lootheads is not responsible in any way for your use of the Services or for your Device, including for any communication or other errors in Services or Device. Lootheads is not responsible for any User Content made available on the Services. The Services are provided on an “as is” and “as available” basis. Lootheads does not provide any warranty regarding the Services or any service or content made available through the Services and expressly disclaims: Availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, latency or loss of internet connectivity, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Lootheads does not warrant or guarantee protection from viruses or other computer system malware. Lootheads does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Lootheads does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to this agreement. In such jurisdictions, liability of Lootheads shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services or the content contained therein, such greater restrictions shall apply ​

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  1. ​​   Lootheads’s Intellectual Property Rights

All title, ownership and intellectual property rights in and to the Services, Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items (as defined below), and any part thereof, including derivative works, of Lootheads and other companies providing services to Lootheads, are the property of Lootheads or their respective owners. As a user of the Services, you agree not to use, copy, reproduce, publish or borrow any of the aforementioned content or trademarked work without explicit permission from Lootheads or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services. Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.

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You may choose to or we may invite you to submit comments or feedback about the Services, including without limitation about how to improve the Services (“Feedback”). You understand that your Feedback is gratuitous, unsolicited, and will not place Lootheads under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) your Feedback does not contain the confidential or proprietary information of any third party. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (iii) irrevocably waive, and cause to be waived, against Lootheads any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your account or the Services.  

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  1. ​​   Virtual Items

The Services include an opportunity to earn or obtain virtual, in-game currency, including but not limited to virtual coins, points, credits, bonuses, collectibles or chips - all for use in the Services (“Virtual Items”). Virtual Items can be either acquired, won or obtained within the Services. Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.

Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Lootheads or any other party. You understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, or any other attributes associated with an account or stored on the Services. Your acquiring of Virtual Items is final and is not refundable, transferable or exchangeable, except in Lootheads’s sole discretion. You may not transfer, purchase, sell, or exchange Virtual Items except as permitted from within the Services. You may not attempt to sell, give or trade in the “real world” anything that appears or originates in the Services, unless otherwise expressly authorized by Lootheads in writing.

Accordingly, you may not sublicense, trade, sell or attempt to sell in-game Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services. Doing so is a violation of these Terms. Any such transfer or attempted transfer is prohibited and void and may result in termination of your account or legal action taken against you and any such transfer or attempted transfer is prohibited and void. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with use of the Services or stored within the Services. Lootheads retains the right to manage, regulate, control, modify or eliminate Virtual Items at its sole discretion, and Lootheads shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Lootheads may selectively remove or revoke Virtual Items associated with your account in its sole discretion.

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be acquired or awarded from us or through means we provide on our Services or otherwise expressly authorize. Lootheads does not recognize any purchases or transfers made outside of the Services on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.

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When purchasing Virtual Items or other content as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you or anyone using an account registered to you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.

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Other than charges to your account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

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You acknowledge that Lootheads is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Lootheads’s sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

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  1.  License to use the Services

Subject to these Terms, we grant to you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and access the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms. You may not network the software among devices. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework; (ii) create derivative works of the Services; (iii) use the Services in whole or in part for any purpose except as expressly provided herein; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Services. You are responsible for all use of the Services that is under your possession or control.

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  1. Indemnification

You agree to defend, indemnify, and hold Lootheads, its affiliates, officers, directors, agents, partners and employees harmless from any loss, damage, claim, liability, cost, demand and expense, including reasonable attorneys’ fees, arising in any way from your use of or access to the Services, including, without limitation, (i) any data or work transmitted or received by you; (ii) your violation of these Terms, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of any jurisdiction as applicable to you and Lootheads; (v) any claims or damages that arise as a result of any of your User Content user submissions or any other content that is submitted via your account; (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (vii) any other claim made by any third party in connection with your use of the Services.

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  1. Term and Termination

Lootheads reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Services, with or without notice. You agree that Lootheads shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.

We do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the Services for any particular length of time. We may change and update the Services without notice to you. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.

These Terms apply from the date that you accept them as provided herein. You may terminate your Lootheads account at any time and for any reason by sending us a support request at: hello@lootheads.com or following the instructions provided in the Services. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate. Any and all terms and conditions within these Terms that should, by their nature, survive termination of these Terms, will survive such termination. Lootheads may, at its sole discretion, deny or delay a request to terminate your Lootheads account, if it has any reason to believe, in its sole discretion, that you have breached your obligations under these Terms, or any applicable laws.

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Lootheads may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms. Upon termination for any reason, your right to use the Services will immediately cease and you continue to be bound by these Terms.

  1.  Agreement to Arbitrate/Class Action Waiver

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PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and Lootheads relating in any way to or arising out of these Terms or your use of, or access to the Services, will be resolved in accordance with the provisions set forth in this Section ‎15. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you may have against each other are resolved.

You and Lootheads will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. During this period, the parties shall use best efforts to settle any dispute, claim or disagreement. Filing any claims before the end of this period and without engaging in this process could result in the award of fees against you in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Lootheads relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration.

In all events, each party hereby knowingly, voluntarily and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitration does not apply to any claim, that claim will be tried before a judge sitting without a jury.

You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action or proceeding. Unless Lootheads agrees otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Lootheads users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Lootheads’s right to appeal the court’s decision. All other claims will be arbitrated.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Lootheads agrees to such.

The arbitration will be conducted by the Israeli Institute of Commercial Arbitration, under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement.

 

The arbitration shall be held in Tel Aviv, Israel. If the value of the relief sought is $10,000 or less, you or Lootheads may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Lootheads, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

To the extent permitted by applicable law, any claim or dispute under these Terms and use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute isn’t filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.

 

With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply.

  1. Modification of Terms or Services

We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that we may notify you of any updated or new Terms by posting notice on the Services so that they are accessible via a link from the home page or by providing you notice at the email address associated with your account. Except as explicitly set forth herein, all such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease accessing the Services.

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to: (i) stop offering or supporting the Services or any particular game or part of the Services; (ii) terminate or suspend your license to use the Services or any part of it; (iii) modify or discontinue the Services; (iv) modify or remove any of the information contained in the Services; (v) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (vi) charge fees in connection with the use of the Services; (vii) modify or waive any fees charged in connection with the Services; or (viii) offer opportunities to some and all users of the Services. If that happens, Lootheads is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for Virtual Items previously awarded or purchased. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.

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  1. Governing Law

For any dispute not subject to arbitration, these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.

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  1. ​ No Waiver and Force Majeure

Lootheads’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Lootheads will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

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  1. Assignment of Rights

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Lootheads may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

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  1. Notification Procedures

Lootheads may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Lootheads in our sole discretion. Lootheads reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Lootheads’s Privacy Policy.

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  1. Entire Agreement and Severability of Clauses

​The Terms posted on this page, and the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and Lootheads. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

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  1. Language

You acknowledge that these Terms, and all related documents (including any Rules and the Privacy Policy) have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

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  1. Contact us

If you have any questions about these Terms or Lootheads’s Services in general, please contact us at: hello@lootheads.com Subject to the content of your inquiry, Lootheads may request that you provide additional information in order to allow the appropriate handling of your inquiry.

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