DATE LAST MODIFIED: 23 March 2025
You acknowledge that your ability to take part in competitions and use the services provided by third - party developers does not make Milberger Landscaping a provider of competitions or those services.
By registering an account with us (your "Account"), using the services in any way, clicking "I ACCEPT" below, downloading any application, or registering for or participating in any competitions, you:
(A) Acknowledge that you have read these Terms and Conditions of Service, along with all the obligations and rules applicable to each competition you enter ("Rules"). (Collectively, these Terms and Conditions of Service, any incorporated policy terms, and the Rules are referred to as the "Terms").
(B) Agree to be bound by the Terms.
(C) Confirm that you are authorized and capable of accepting these Terms.
1. General Provisions
1.1 License Grant
Subject to your agreement and continued compliance with these Terms and Conditions, we grant you a personal, non - exclusive, non - transferable, non - sublicensable, revocable, and limited license:
To access and use the Platform and its Content through a supported web browser or mobile device, solely for your personal, private entertainment purposes.
To use the avatars available on the Platform.
1.2 Term Amendments
We may amend, change, modify, or revise the Terms at any time. We will post a notice of any material changes on our website (the "Website"). You can check the "Updated" legend above to see when the Terms were last revised. Continuing to participate in competitions and/or use the Software or Services indicates your acceptance of any new or modified Terms. It is your responsibility to review the Terms regularly for changes.
1.3 Modification Restrictions
You may not modify these Terms, except in a written agreement signed by both you and us. For the purposes of these Terms, "writing" does not include emails or electronic/facsimile signatures.
1.4 Eligibility Requirements
To be eligible for account registration, competition participation, service receipt, or software download, you must:
Be a natural person who is at least 18 years old and the owner of the email address used during account registration.
Have the legal capacity to enter into a contract with us.
Be physically located in a jurisdiction where participation in the selected competition is permitted by local laws.
Abide by these Terms at all times. If any of these requirements are not met, we, on behalf of our developer partners, may suspend or close your Account without notice.
2. Playing Conditions
2.1 Age and Legality
You must be over 18 years old or the higher minimum legal age of majority in your jurisdiction. Under applicable laws, you are legally allowed to participate in the games offered on the Platform.
2.2 Compliance with Gaming Laws
You acknowledge that various rules, regulations, and laws regarding sweepstakes, contests, and tournaments with entry fees and/or prizes (collectively "Gaming Laws") govern your competition participation. Gaming Laws vary by US state, country, territory, or jurisdiction. The Software does not permit Cash Competitions in any state where such competitions violate local Gaming Laws (a "Prohibited Jurisdiction"). If you are in a Prohibited Jurisdiction, you may not participate in Cash Competitions.
2.3 Identifying Prohibited Jurisdictions
As of the "Updated" date above, Prohibited Jurisdictions in the United States include Delaware, Louisiana, Maryland, Montana, Tennessee, Indiana, Maine, and Texas. It is your responsibility to determine if your location is a Prohibited Jurisdiction. We, together with our developer partners, reserve the right (but are not obligated) to monitor your access location. We may block access from Prohibited Jurisdictions on behalf of our developer partners. Each time you log in for a Cash Competition, you must accurately confirm your playing location.
2.4 Purpose of Participation
You participate in the games strictly for personal recreational and entertainment purposes, and on your own behalf, not on behalf of any other person.
2.5 Information Accuracy
All information you provide during the validity of these Terms and Conditions must be true, complete, and correct. You must notify us immediately of any changes to this information.
2.6 Prohibited Activities
You will not engage in any fraudulent, collusive, fixing, or other unlawful activities related to your or third - party participation in the games. You will not use software - assisted methods (such as automated bots) or hardware devices to participate in the games. We reserve the right to invalidate participation in case of such behavior.
2.7 Prohibited Merchandise Transactions
You will not sell, trade for value, attempt to sell or trade for value, or accept as a sale or trade for value any merchandise provided by us.
3. User Account
3.1 Single Account Policy
You are only allowed one Customer Account on the Platform, including any inactive accounts. If you attempt to open more than one account, all accounts you have opened or are trying to open may be suspended or closed.
3.2 Account Notifications
If you discover that you have more than one registered Customer Account (active or inactive) on any Platform, you must notify us immediately. Do not create a new Customer Account to change your email, address, or surname.
3.3 Account Security
You are solely responsible for ensuring the security of your Customer Account login details and any payment methods. You accept full responsibility for any unauthorized use of your account and any activities linked to it, including those by minors (which are strictly prohibited).
3.4 Account Sharing Prohibited
You must not share your Customer Account or password with others, allow anyone else to access or use your account, or do anything that may compromise your account's security.
3.5 Security Breach Notification
If you become aware of or suspect a security breach in your Customer Account (such as password loss, theft, or unauthorized disclosure), you must notify us immediately.
3.6 Password Confidentiality
You are responsible for maintaining the confidentiality of your password and for all uses of your Customer Account. You are liable for anything that occurs through your account, whether or not you carried out those actions. You acknowledge that your account may be terminated if someone else uses it to violate these Terms and Conditions or engage in illegal activities.
3.7 Liability for Third - Party Abuse
We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of login details, whether intentional or accidental.
3.8 Inactive Account Closure
We reserve the right to close your Customer Account if it is deemed inactive.
3.9 Account Balance Handling
If no transaction has been recorded on your Customer Account for 30 consecutive months, we will remit the redeemed value of prizes in your account to you, as required by applicable law.
4. Winnings, Account Funds, and Payments
4.1 Fees
Fees for participating in competitions and billing procedures are detailed in the billing application. If fees are charged to your Account, you agree to pay them. All fees are in US dollars, must be prepaid, and are non - refundable. You are responsible for all charges, deposits, and withdrawals under your account, including unauthorized ones. Service prices may change, but price changes will not affect past purchases.
4.2 Billing
As an agent for our developer partners, we may change fees and billing procedures by updating the billing application, with or without notice to you. By providing a payment method:
You represent that you are authorized to use it and that the payment information is true and accurate.
You authorize us to charge you for services using the provided payment method.
You authorize us to charge you for any paid service features you sign up for.
We may bill you in advance, at the time of purchase, or shortly after purchase, at our discretion.
You must notify us within 120 days of an error appearing on your bill for an investigation. After 120 days, we and our developer partners are not liable for losses due to the error, nor are we required to correct it or provide a refund. If we or our developer partners identify a billing error, we will correct it within 90 days. You must cover all reasonable costs we incur to collect past - due amounts, including attorneys’ fees.
4.3 Cash Deposits
If you play games in a competition without depositing US dollars into your account for that competition, you are a "Non - Cash Player" for that competition. If you participate in a competition that requires a US - dollar entry fee ("Cash Competition"), you are a "Cash Player". If you have a positive account balance for Cash Competition entry fees, you must submit and maintain accurate personal and payment information, including your full name, permanent residential address, phone number, and credit card or other payment details. Participating in Cash Competitions may require a positive account balance determined by us or our developer partners. By submitting this information, you consent to us and our developer partners sharing your personal and payment information with third - party service providers for identity validation and transaction risk assessment, as detailed in our Privacy Policy.
4.4 Bonus Funds
If you are a Cash Player, you may receive bonus funds and/or credits ("Bonus Funds"). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn or used for other services. For every $0.10 spent on a Cash Competition entry fee, $0.01 of Bonus Funds will be used. If Bonus Funds are the only currency in your account, additional Bonus Funds will be used. When you win a Cash Competition, the Bonus Funds used for the entry fee will be returned, and additional winnings beyond the entry fee will be paid in US dollars. If you initiate a withdrawal, you forfeit all Bonus Funds. If you do not enter a Cash Competition within 60 consecutive days, all Bonus Funds in your account will be forfeited.
4.5 Withdrawals
If you are a Cash Player, you may request a withdrawal from your available account balance. Digital Assets and Bonus Funds cannot be withdrawn. Withdrawals are processed by check or refund to the original payment method and may take up to 90 days. We, as an agent for our developer partners, may freeze your account or delay a withdrawal request during an investigation of reported or suspected abuse, eligibility verification, or to comply with applicable laws. A check request processing fee may be charged for withdrawals.
4.6 Refund Policy
Unless required by law, no refunds will be given.
4.7 Winnings
If you are eligible for winnings, we, as an agent for our developer partners, may require proof of your eligibility to participate in accordance with these Terms at the time of participation. If you do not provide satisfactory proof, you will not receive the winnings. If you receive a payment in error, we may reverse or request its return. You must cooperate with our efforts. We may also reduce your payment without notice to adjust for overpayments.
4.8 Credit Card/PayPal Use
When paying by credit card, you represent that you are the authorized user. You must notify us promptly of any changes to your credit card details, such as the account number, expiration date, or billing address, or if the card is expired or canceled. We are not liable for losses due to unauthorized third - party use of your credit card or other payment methods (such as PayPal) in relation to the services. Any attempt to defraud using payment methods, or failure to pay legitimate charges, will result in immediate account termination, forfeiture of winnings, and possible civil litigation or criminal prosecution.
5. Intellectual Property
5.1 DMCA Notice
Under the Digital Millennium Copyright Act (DMCA), if you believe your copyrighted work has been infringed on our services, you can send a notice to the designated agent below. Your notice must include:
A physical or electronic signature of an authorized person.
A description of the infringed copyrighted work.
A description of where the infringing material is located in the game.
Contact information for you, such as address, phone number, and email.
A statement of your good - faith belief that the use is unauthorized.
A statement that the information in the notice is accurate, under penalty of perjury.
5.2 Your Content
Subject to these Terms, you grant us a worldwide, perpetual, unrestricted, royalty - free license to use, copy, modify, distribute, publish, perform, transmit, and display any content you submit. You waive any moral rights you may have in the content. Any communication or material you send to us is treated as non - confidential and non - proprietary. We and our developer partners may use the content for any purpose without compensation to you. If you use or share content that infringes others' rights, you are in breach of these Terms. You warrant that you have all necessary rights for the content you upload and that its use complies with applicable laws. If your account is terminated, we may delete your content from our servers with no obligation to return it.
5.3 Digital Assets
Some services and software allow you to create digital objects like avatars. These, along with other digital or virtual objects assigned to your account (such as "Z", virtual trophies, or virtual goods), are "Digital Assets". You acknowledge that we own all Digital Assets. If we do not automatically own a Digital Asset, you assign all rights to us in perpetuity. If any rights cannot be assigned, you waive enforcement against us and grant us an exclusive license to use, exploit, and create derivative works of the Digital Assets. We grant you a limited license to use Digital Assets through your account for service - related purposes.
5.4 Ownership
All content on the Website, products, services, logos, symbols, and related intellectual property are our sole property. We reserve all rights not expressly granted. No rights to intellectual property are granted except as stated, and using our services does not imply the right to combine them with other information or products.
6. Indemnity and Limitation of Liability
6.1 Limitation of Liability
To the maximum extent permitted by applicable law, we and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors are not liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to:
Personal injury, property damage, data loss, loss of use, loss of anticipated savings, wasted expenses, costs of substitute goods or services, loss of good faith, or other intangible losses.
Arising from your access to or use of the service, inability to access or use the service, third - party conduct or content on the service, reliance on service content, or unauthorized access, use, or alteration of material.
6.2 Jurisdictional Limitations
In some jurisdictions, laws may not allow the limitation or exclusion of certain liabilities. In such cases, the above limitations may not fully apply to you. Our liability limitations are to the maximum extent permitted by applicable law. Nothing in these terms overrides your consumer rights under mandatory laws. Our aggregate liability and that of our affiliates is limited to the total amount.
6.3 Exclusions for Technical Issues
We are not liable for damages caused by viruses, bugs, system failures, or errors in computer systems, telephone lines, hardware, software, or network connections. We cannot guarantee continuous, secure access to the services.
6.4 Third - Party Liability Exclusion
We are not liable for any damages, claims, or expenses related to third - party - provided content, products, or services.
6.5 Waiver of Liability
You waive and release us and our affiliates from liability for third - party acts or omissions related to your service use.
6.6 Indemnification
You agree to indemnify and hold us harmless from any third - party claims or demands (including attorneys' fees) arising from your service use, violation of these Terms, or violation of laws or third - party rights.
7. Responsibility
7.1 Content Compliance
You are responsible for complying with all laws related to your user - submitted content. You agree not to submit defamatory, inaccurate, abusive, or illegal material, or anything that infringes on others' rights.
7.2 Information Accuracy
Do not provide inaccurate or false information. If information becomes inaccurate, notify us promptly.
7.3 Content Removal
We may remove user content at our discretion, but we are not obligated to do so. We are not responsible for user conduct or content on the service, nor are we responsible for monitoring inappropriate content. Your use of the service is at your own risk.
7.4 Content License
You grant us a license to reproduce, modify, distribute, and use your user content, and to incorporate it into other works. You also grant us the right to use your name, likeness, and other content - related information without liability to you, and waive moral rights (except where prohibited by law).
7.5 User Content Responsibility
You are responsible for all user content, whether publicly posted or privately transmitted. We are not responsible for backing up or retaining user content.
7.6 Prohibited Content
Prohibited user content on the service includes, but is not limited to, content that promotes racism, harassment, sexual or offensive material, terrorism, illegal activity, unauthorized commercial content, or content promoting competitors.
8. Miscellaneous
8.1 Governing Law
This Agreement is governed by and construed in accordance with the laws of the State of Nevada, United States, without considering conflict - of - law principles.
8.2 Dispute Resolution and Arbitration
Mandatory Arbitration: Any disputes related to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
Arbitration Venue and Rules: The arbitration shall occur in the United States, and unless otherwise agreed, the proceedings shall be in English. A single arbitrator shall be selected according to the AAA's rules.
Waiver of Class Actions: To the fullest extent permitted by law, disputes shall be resolved on an individual basis. Neither party may bring a claim as a plaintiff or class member in a class, collective, or representative proceeding.
Final and Binding Decision: The arbitrator's decision is final and binding. Judgment on the arbitration award can be entered in any competent court.
8.3 Entire Agreement
These Terms and Conditions constitute the entire agreement between you and us regarding your participation. Except in cases of fraud, they supersede all prior communications and proposals, whether electronic, oral, or written.
8.4 Intellectual Property
Using the Game does not grant you ownership of any intellectual property rights. All game - related intellectual property, including titles, code, software, and content, is owned by
8.4 Intellectual Property
Using the Game does not grant you ownership of any intellectual property rights. All game - related intellectual property, including titles, code, software, "look and feel", sounds, musical compositions, audiovisual effects, operational concepts and methods, layouts, text, data, user accounts, themes, objects, character portraits, names, biographical information, stories, dialogues, catchphrases, locations, artwork, animation files, images, graphics, files, game histories, game records, chat room records, and moral rights (whether registered or not), as well as all applications related to the above, shall be vested in us or any third - party provider of the game.
8.5 Taxes
You are solely responsible for any taxes applicable to the prizes you obtain from your participation.
8.6 Force Majeure
We will not be held responsible or liable for any failure or delay in fulfilling our obligations under these Terms due to events beyond our reasonable control.
8.7 Severability
If any provision of these Terms, or any part thereof, is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that part will be considered severable and will not affect the validity and enforceability of the remaining Terms. The Terms will continue to be in full force and effect.
8.8 Assignment
These Terms are personal to you and may not be assigned, transferred, or sublicensed without our prior written consent. We reserve the right to assign, transfer, or delegate any of our rights and obligations to a third party without notice to you.
8.9 Entire Agreement (Repeated for Emphasis)
These Terms incorporate the entire understanding between you and us and supersede all prior understandings on this subject.
8.10 Business Transfers
In the event of a change of control, merger, acquisition, or sale of our assets, your user account and related data may be transferred as part of the assets to the purchaser or acquirer.
8.11 Waiver
No claim by us for a breach of these Terms, or our failure to exercise any right under these Terms, shall be construed as a waiver or forfeiture of such rights, either currently or in the future.