PASSION PLAY GAMES — TERMS OF SERVICE & END USER LICENSE AGREEMENT
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## ⚖️ ARBITRATION & CLASS-ACTION WAIVER — PLEASE READ
This agreement requires that most disputes be resolved by binding individual arbitration, and it waives your right to a jury trial and to participate in a class action. See Section 14 (Dispute Resolution & Arbitration) for the full terms and for how to opt out.
1. Acceptance
By checking the agreement box and clicking Continue / Create Account, you confirm you have read, understood, and agree to be bound by these Terms and the linked Privacy Policy. If you do not agree, do not create an account or use the service. We record the version of these Terms you accepted, the date and time, and your IP address.
2. Eligibility
You must be at least 18 years old (or the age of majority in your jurisdiction, if higher) and legally permitted to use the service where you live. You are responsible for compliance with all laws that apply to you.
3. Nature of the Service — No Real-Money Gambling
Passion Play Games ("PPG", "we", "us"), operated by Evil Eye LLC (hereinafter "EVY"), provides online entertainment games that use virtual, on-screen credits with no monetary value. Credits cannot be redeemed, withdrawn, exchanged for cash or anything of value, and winning or losing has no bearing on real money. The games are for amusement only and do not offer real-money gambling or prizes. Practice or success at these games does not imply future success at any real-money activity.
4. Accounts & Security
You agree to provide accurate registration information, keep your credentials confidential, and enable one of the two-factor authentication (2FA) options offered at sign-up. You are responsible for activity under your account. Notify us promptly of any unauthorized use. We may suspend or terminate accounts that violate these Terms.
5. Access Codes, Investor Links & Promotional Logins
We may issue invitation/investor links and promotional username-password credentials that grant scoped, time-limited access to specific games. These are personal, non-transferable, revocable at any time, and may carry usage or expiry limits. Sharing, selling, or automating them is prohibited and may result in revocation.
6. License
We grant you a personal, limited, non-exclusive, non-transferable, revocable license to access and play the games for personal, non-commercial entertainment. All game software, art, audio, math models, algorithms, pay tables, probability distributions, bonus structures, names, and marks are owned by EVY, its licensors or affiliates and are protected by intellectual-property law, including as trade secrets under the Defend Trade Secrets Act (18 U.S.C. § 1836) and applicable state law, and by U.S. Patent 8,267,768 and one or more pending U.S. patents. PASSION PLAY® and all game titles are trademarks of EVY, its licensors or affiliates; trademark applications may be pending before the USPTO.
7. Acceptable Use
You agree not to: reverse-engineer, decompile, disassemble, tamper with, or probe the games or their servers; scrape, crawl, data-mine, harvest, or copy any game element; derive or attempt to derive the underlying algorithms, mathematical models, pay tables, probability distributions, or game logic; use bots, scripts, exploits, or any automated, mechanical, or programmatic means to access or interact with the games; manipulate outcomes, balances, or the wallet; circumvent access gates, tiers, or security; infringe others' rights; or use the service unlawfully. You acknowledge that any breach of this Section may cause irreparable harm for which monetary damages are inadequate, and that we may seek injunctive relief without the posting of bond, in addition to all other remedies.
8. Virtual Credits
Virtual credits are a limited license to a game feature, not property, and have no cash value. We may adjust, expire, or reset credit balances at any time. We are not liable for lost credits.
9. Third-Party Services
The service may rely on third-party providers (e.g., hosting, email delivery, authentication). Their handling of data is governed by their own terms and our Privacy Policy.
10. Privacy
Our collection and use of personal data (including your username, contact for 2FA, IP, and consent record) are described in the Privacy Policy, incorporated here by reference.
11. Changes to the Terms
We may update these Terms. The current version is versioned automatically; material changes take effect when posted, and continued use after the effective date constitutes acceptance of the updated version. We retain each prior version and the record of which version each user accepted.
12. Termination
We may suspend or terminate access at any time, with or without cause. Sections that by their nature should survive termination (including 3, 6–8, 13–16) survive.
13. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION.
14. Dispute Resolution & Arbitration (Binding — see notice above)
(a) Informal resolution first. Before filing, you agree to contact us and attempt to resolve the dispute informally for 30 days.
(b) Binding arbitration. Except as noted, any dispute arising out of or relating to these Terms or the service will be resolved by binding individual arbitration administered in Denver, Colorado and governed by the Federal Arbitration Act. The Operator may elect either AAA or JAMS as the provider; arbitration is conducted under that forum’s rules, and the arbitrator is chosen by the forum’s established procedures and must have at least ten (10) years’ experience in disputes involving online gaming technology and/or intellectual property.
(c) Class-action waiver. Disputes will be arbitrated only on an individual basis; no class, consolidated, or representative actions.
(d) Exceptions. Small-claims matters and requests for injunctive relief for IP misuse may proceed in court.
(e) Opt-out. You may opt out of arbitration within 30 days of first acceptance by sending written notice to [email protected]; opting out does not affect the other Terms.
(f) Jury waiver. To the extent a matter proceeds in court, both parties waive a jury trial.
(g) Time limit. Any claim arising from the service must be brought within one (1) year after the cause of action accrues, or it is permanently barred.
15. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST DATA/CREDITS. OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED USD 100.
16. Indemnification
You agree to indemnify and hold us harmless from claims arising out of your use of the service or violation of these Terms.
17. Governing Law
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-laws rules, subject to Section 14. The courts located in Denver, Colorado retain jurisdiction solely to enforce arbitration awards and matters not subject to arbitration.
18. Contact
EVY, 3719 Evergreen Pkwy Unit A-157, Evergreen, CO 80439 USA, [email protected].
Consent record (captured automatically at acceptance)
- Terms version (content hash) · Timestamp (UTC) · Account username · IP address
Document version (content hash): bcacf1348f6b