TERMS OF SERVICE

PLEASE READ THE FOLLOWING TERMS OF SERVICE (“the Terms”). IN ADDITION, WE ASK THAT YOU READ THE Gira Fiesta PRIVACY POLICY, AND RESPONSIBLE PLAY POLICY CAREFULLY BEFORE USING ANY Gira Fiesta SERVICES OR WEB PAGES OR APPLICATIONS. YOU CONFIRM THAT YOUR USE OR ACCESSING ANY OF OUR SITES OR SERVICES SHALL BE SUBJECT TO THESE TERMS OF SERVICE, WHICH INCLUDE AND INCORPORATE THE PRIVACY POLICY, AND THE RESPONSIBLE PLAY POLICY (collectively, the "Linked Policies"). IF YOU DO NOT AGREE WITH ANY PROVISION OF THE ABOVE LISTED POLICIES, PLEASE DO NOT REGISTER AN ACCOUNT OR PLAY ANY Gira Fiesta SOCIAL GAMES. PLEASE NOTE: THESE SERVICES AND ANY RELATED WEBSITES OR ONLINE APPLICATIONS DO NOT OFFER "REAL MONEY GAMBLING". No actual money is required for play and the Service is for social and recreational purposes only. IN ADDITION, THESE TERMS OF SERVICE CONTAIN AN OBLIGATORY ARBITRATION PROVISION WHICH REQUIRES THAT ANY DISPUTES BETWEEN YOURSELF AND US MUST BE RESOLVED BY MEANS OF A FINAL AND CONCLUSIVE ARBITRATION ON AN INDIVIDUAL BASIS AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS. IF YOU CHOOSE NOT TO PARTICIPATE IN ARBITRATION RELATING TO YOUR USE OF OUR SERVICE, YOU MAY OPT OUT OF THE ARBITRATION PROVISION WITHIN THIRTY (30) DAYS BY FOLLOWING THE INSTRUCTIONS GIVEN AT THE END OF THE SECTION ENTITLED "BINDING ARBITRATION AND CLASS WAIVER". PLEASE REFER TO SECTION 16 OF THESE TERMS, BELOW. These Terms of Service("the Terms") form a binding agreement between You and B2Services OÜ ("Gira Fiesta", "Us", or "We" which provides all of the terms and conditions governing Your access and use of Gira Fiesta and any related websites and applications (the “Site”) as well as Your creation of Your User Account, use of the Games on the Site, participation in any Promotions, and any transactions or dealings with Us in any way (collectively, the “Services”). Please further note that we do not offer the Service in the following states: Alabama, Georgia, Idaho, Kentucky, Michigan, Nevada, Washington and any other jurisdiction outside the United States of America (“the Prohibited Territories”). You confirm that you have the right, power and legal capacity to accept these Terms and to abide by them, that you are legally of age and that you have read and completely understood the Terms. You must read these Terms carefully before agreeing to them. By ticking the acceptance box, or by accessing the Games or creating a Customer Account, you acknowledge that you have read and agree to be bound by these Terms. Alterations to Terms of Service and Linked Policies 1.1. From time to time, we may make revisions or amendments to these Terms. Should we do so, any such modifications or changes shall be reflected on the Site at Terms of Service. We will also provide you with a notification of any material alterations to the Terms. You acknowledge that you will be bound by any such changes regardless of whether you receive or read such notifications, and that it is your responsibility to check the Terms of Service as posted on the Site before accessing the Site or taking part in any Services. Your continued use of the Services after any changes have been posted shall be taken as further consent and agreement to the Terms as changed or amended.

1.2. We may also modify or amend the Linked Policies from time to time. If we do so, any such modifications or changes shall be reflected in the Linked Policies as posted on the Site. You agree that you will be bound by any such changes, and it is your responsibility to check the Linked Policies as posted on the Site before accessing the Site or taking part in any Services. Your use of the Services after the posting of any changes shall be taken as further consent and agreement to the Linked Policies as changed or amended.

1.3. If you have questions about these Terms or the Linked Policies, please reach out to Customer support.

1.4. In the event of any inconsistency between the Terms and the Linked Policies, the Terms shall expressly control.

Your Customer Account

2.1. You may only have one Customer Account. If you open or attempt to open more than one Customer Account, all Customer Accounts you have opened or try to open may then be closed or suspended (at our sole discretion) and any prizes or Virtual Currency balances may be voided.

2.2. If you lose access to your Customer Account, please do not sign up for a new Customer Account. Contact customer support via the Contact Us form to recover your existing Customer Account.

2.3. You are always obligated to keep your personal details up to date. If you change your address, email, phone number or any other contact details or personal information please contact customer support. The name that you provide to us at registration must match any identification you provide for your Customer Account verification.

2.4. During the registration process you will be required to pick a password unless (i) you login to your Customer Account using the Facebook® login facility in which case your Facebook® password will apply or (ii) you login to your Customer Account using the Google® login facility in which case your Google® password will apply.

2.5. You are responsible for the security of your Customer Account. You confirm that you will not share your Customer Account or password with another person or let anyone else access or use your Customer Account without our written permission. You will not access or use a Customer Account which has been rented, leased, sold, traded, or otherwise transferred from the original account owner.

2.6. If you believe or suspect that the security of your Customer Account may have been compromised, including but not limited to disclosure of your password and or other Customer Account details, you must notify us immediately.

2.7. You are responsible for preserving the confidentiality of your Customer Account details and accept responsibility for all uses of the Customer Account, including any purchases (whether or not these purchases were authorized by you). In particular you are responsible for ensuring that no child or any minor under the age of eighteen has the ability to access or use your account.

2.8. We reserve the right to close your Customer Account if it is inactive for a period of sixty days or longer. You agree that we are not required to provide notice to you prior to taking such action, though we may choose to do so in our sole discretion.

2.9. If you wish to close your Customer Account, please contact customer support. Closing your Customer Account will result in the forfeiture of all continued access to and right to use, enjoy or benefit from any Virtual Currency associated with your Customer Account.

2.10. We reserve the right to refuse or close a Customer Account at our sole discretion.

2.11. We may at our sole discretion limit Customer Account registrations to a single account registrations per IP address.

2.12. You consent to receiving marketing communications from Us relating to Gira Fiesta and all other brands offered by Us. We may contact you via email, post, SMS and other telephone communications. If you wish to unsubscribe from our marketing communications, please contact customer support.

Limited Revocable License

3.1. Virtual Currency We may offer virtual, in-game currency that can be purchased for real money or won during gameplay (the “Virtual Currency”). You understand that you do not own the Virtual Currency, but instead that you have been granted a limited revocable license to use the Virtual Currency. Any Virtual Currency balance shown in your Customer Account does not constitute a real-world balance or reflect any stored value. You further acknowledge that Virtual Currency has no monetary value and cannot be exchanged for real money, transferred, or assigned.

3.2. Subject to these Terms and the Linked Policies, We grant you a personal, non-exclusive, non-transferable, revocable, limited license to use and access the Services solely for the purposes of accessing the Site, playing the Games, participating in Promotions and making use of any other services available on the Site as provided to you by Us in accordance with these Terms. The license granted to you by these Terms shall automatically terminate if we suspend or terminate your access to the Services or close your Customer Account.

3.3. You agree not to modify, rent, lease, sell, trade, distribute or create derivative works based on the Site, the Games, the Virtual Currency or the Services in any manner, and you shall not exploit the Site, the Games, the Virtual Currency or the Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

3.4. All rights not expressly granted to you in these Terms are reserved by Gira Fiesta and its licensors.

Eligibility for Use

4.1. By using the Services, you represent and warrant that (a) you have the legal capacity to enter into a binding contract with Us and are at least eighteen years old or the legal age of majority in your jurisdiction, whichever is greater; (b) you are in compliance with these Terms; (c) you are not a resident of the Prohibited Territories; and (d) you have provided accurate and truthful information about yourself during the registration process.

4.2. By accessing the Services and using the Site you represent and warrant that you are not prohibited or restricted by law from accessing or using the Site or Services.

4.3. Employees of Gira Fiesta, and its affiliates, subsidiaries, advertising and promotion agencies, any other agencies or organizations involved in the administration, development, fulfillment, or implementation of the Services, and the immediate family members (parent, child, sibling, spouse) and persons living in the same household of each, are not eligible to participate in the Services.

4.4. By using the Services, you represent and warrant that you have not previously been suspended or removed from the Services and that your registration and your use of the Services is in compliance with any and all applicable laws and regulations.

4.5. We reserve the right, at any time and in our sole discretion, to refuse, limit, suspend, or terminate your access to the Services if we determine, in our sole discretion, that: (a) you have breached any of these Terms; (b) your use of the Services violates any applicable law or regulation; or (c) you have attempted to defraud Us or any other person.

Restrictions on Use

5.1. You are responsible for ensuring that your use of the Services complies with all laws, rules and regulations applicable to you and your use of the Services. You agree to use the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

5.2. You are not permitted to: (a) use the Services in any manner that could damage, disable, overburden, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; (b) upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) use the Services to engage in any fraudulent or unlawful activities or to defraud Gira Fiesta, other users of the Services, or any other person or entity; (d) impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; (e) upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (f) use the Services in any manner that infringes the intellectual property rights of any party; or (g) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.

5.3. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the offending user’s access to the Services, and reporting such content or activity to law enforcement authorities.

5.4. You agree to indemnify and hold harmless Gira Fiesta and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

5.5. If you become aware of any violation of these restrictions, please notify Us immediately by contacting customer support.

Purchases of Gold Coins

6.1. We may offer you the opportunity to purchase Virtual Currency for real money (the “Gold Coins”). Any such purchases are subject to these Terms and the Linked Policies.

6.2. You may only purchase Gold Coins if you are at least eighteen years old or the legal age of majority in your jurisdiction, whichever is greater, and you are not a resident of the Prohibited Territories.

6.3. All Gold Coin transactions are final and non-refundable. You agree that you will not dispute or chargeback any Gold Coin purchases.

6.4. We reserve the right to refuse or cancel any Gold Coin purchase in our sole discretion.

6.5. You acknowledge and agree that we are not responsible for any third-party payment processing errors or omissions.

6.6. You acknowledge and agree that you are solely responsible for any taxes or other fees associated with your Gold Coin purchases.

6.7. You agree that you will not transfer or assign any Gold Coins to any other person or entity.

Games and Contests

7.1. Additional terms and conditions may apply to games and contests offered on the Site. By participating in any games or contests, you agree to abide by these additional terms and conditions.

7.2. Gira Fiesta operates pooled jackpots, which means that users participate in the jackpots by default.

7.3. We reserve the right to cancel, suspend, or modify any games or contests at any time and for any reason, without notice to you.

7.4. We reserve the right to disqualify any participant from any game or contest if we determine, in our sole discretion, that the participant has violated these Terms or any other applicable rules or regulations.

Complaints

8.1. If you have any complaints or disputes with Us regarding the Services, please contact customer support.

8.2. Any complaints or disputes not resolved to your satisfaction by our customer support team may be submitted to binding arbitration as set forth in Section 16 below.

Disclaimers

9.1. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.

9.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9.4. WE MAKE NO WARRANTY THAT THE SERVICES WILL BE COMPATIBLE WITH ALL DEVICES OR WILL BE AVAILABLE IN ALL GEOGRAPHIC LOCATIONS.

9.5. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

9.6. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9.7. WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (E) ANY OTHER MATTER RELATING TO THE SERVICES.

9.8. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OR USING THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

9.9. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

Intellectual Property

10.1. The Services and all content, features, and functionality thereof, including but not limited to all software, text, images, photographs, graphics, audio, video, and all other materials (collectively, the “Content”), are owned by Us or our licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

10.2. Except as expressly authorized by Us, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Content, in whole or in part.

10.3. The Gira Fiesta name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Us or our affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

10.4. We respect the intellectual property rights of others and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact Us.

Third-Party Content

11.1. The Services may contain links to third-party websites, applications, content, products, services, or advertisements (collectively, “Third-Party Content”) that are not owned or controlled by Us. We do not endorse or assume any responsibility for any such Third-Party Content.

11.2. If you access any Third-Party Content, you do so at your own risk and you acknowledge and agree that We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Content.

11.3. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third-Party Content that you visit or access.

Termination

12.1. We may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.2. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

12.3. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Governing Law and Jurisdiction

13.1. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

13.2. Any dispute arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Wilmington, Delaware, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

Limitation on Time to File Claims

14.1. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Severability

15.1. If any provision of these Terms is held to be unenforceable or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Binding Arbitration and Class Waiver

16.1. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Wilmington, Delaware, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

16.2. YOU AND Gira Fiesta AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND Gira Fiesta AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

16.3. Notwithstanding any provision in these Terms to the contrary, if the class-action waiver in this Section is found to be illegal or unenforceable as to all or some parts of a dispute, then such provision will not apply to those parts.

Entire Agreement

17.1. These Terms constitute the entire agreement between you and Gira Fiesta regarding the Services and supersede and replace any prior agreements between you and Gira Fiesta regarding the Services.

17.2. If you have any questions about these Terms, please contact customer support.

BY REGISTERING FOR AN ACCOUNT OR USING ANY Gira Fiesta SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

18. Miscellaneous

18.1. Entire Agreement. These Terms constitute the entirety of the agreement between you and us regarding your use of the Services, and override any previous or simultaneous communications and offers, whether digital, verbal, or written, between you and us pertaining to your participation.

18.2. Force Majeure. We are not liable or accountable for any failure to perform, or delay in performance, of any of our commitments under these Terms caused by events outside of our reasonable control.

18.3. Severability. If any part of the Terms, or any portion thereof, is declared invalid by a court of competent jurisdiction, that part of the Terms will be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms, which shall remain in full force and effect.

18.4. Assignment. These Terms are exclusive to you, and may not be assigned, transferred, or sublicensed by you. We reserve the right to assign, transfer, or delegate any of our rights and obligations hereunder to any third party without prior notice to you.

18.5. Business Transfers. In the event of a change of control, merger, acquisition, or sale of assets, your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party.

18.6. Waiver. Our failure to enforce breach or a violation of these Terms, or otherwise failure to exercise any rights under these Terms, should not be construed as a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future.

18.7. Taxes. The payment and reporting of all taxes related to your use of the Service are your sole responsibility.

19. Applicable Law and Jurisdiction

19.1. GOVERNING LAW. The parties agree that this Agreement and the Services associated with it are governed by and are to be interpreted in accordance with the laws of the State of Delaware USA, without regard to its principles of conflicts of law.

19.2. Subject to the arbitration provisions contained in Section 16, the parties agree that any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination or invalidity of these Terms, will be exclusively submitted to the courts in Delaware, and you and we consent to the personal jurisdiction and venue of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder can be presented before any court of competent jurisdiction.