Terms
of
use
1. DEFINITIONS
For the purposes hereof, unless inconsistent with the context, all the terms defined hereinafter beginning with a capital letter have the following meaning:
1.1 « Account (s) » refers to the account of any User in general or to the account of a specific User, depending on the context, which provides access to the Web Platform.
1.2 « Conditions » refers to the terms of use of the Accounts, the Site, the Web Platform and the Games.
1.3 « Free Game (s) » refers to any Game that does not require its User to use Tokens with a monetary value (LUX) and to which the User can participate free of charge, by using Voided Tokens (GEMS) to pay for the Entry Fee.
1.4 « Game (s) » refers to a Free Game or a Paying Game available through the Web Platform whose outcome is solely determined by the skills, abilities and strategies of its Users rather than by an element of chance.
1.5 « Ludex » refers to Ludex Technologies Inc., a corporation that offers access (i) to the Site to Visitors and (ii) to the Web Platform to Users so these Users can participate in Games.
1.6 « Paying Game (s) » refers to any Game that requires its User to use Tokens (LUX) as Entry Fee to participate in.
1.7 « Personal Data » refers to all the information provided by a Visitor to Ludex, in particular while creating an Account, including, without limitation, any information which allows to identify a User, notwithstanding its form, excluding automatically exchanged information as defined under section 3 of the Privacy Policy.
1.8 « Privacy Policy » refers to Ludex privacy policy, which is an integral part hereof.
1.9 « Site » refers to https://ludexgames.com, the web site that hosts the Web Platform.
1.10 « Token (s) » refers to any token with a monetary value (LUX), whether bought or won by a User while participating in any of the Paying Games, excepting the Voided Tokens (GEMS).
1.11 « User (s) » refers to any individual aged 18 or older that creates an Account, excluding any individual that may surf through the Site and/or the Web Platform without creating an Account.
1.12 « Visitor (s) » refers to any individual that surf the Site and/or the Web Platform, including a User.
1.13 « Voided Token (s) » refers to any token devoid of any monetary value (GEMS) that allows a User to take part in any of the Free Games.
1.14 « Web Platform » refers to the web platform through which the Users access the Games and participate in these Games.
1.15 « Entry Fee » refers to the cost in Tokens (LUX) or Voided Tokens (GEMS) that are required to participate in any given Game.
1.16 « Bonus Token (s) » (Bonus LUX) refers to any token that is given to a User for any reason other than being bought or won from a Paying Game.
1.17 « Prize Amount » refers to a number of Tokens (LUX) or Voided Tokens (GEMS) that is attached to any given Game and that is reserved for the winner(s) of said Game.
2. SCOPE AND PRELIMINARY PROVISIONS
2.1 The Conditions govern the content and operation of the Site and of the Web Platform, as well as each User's authorized use of the Site and of the Web Platform.
2.2 By agreeing to these Conditions, a Visitor agrees to be bound by the Conditions that apply to him/her
2.3 All Users agree that the Conditions may be modified by Ludex at any time and without prior notice and to be bound by such modifications; therefore, Ludex recommends that Users consult the Conditions regularly in order to remain apprised of the latest Conditions in effect (hyperlink to the Conditions in effect :https://home.ludexgames.com/terms-of-use).
3. LUDEX SERVICES OFFER
3.1 Subject to Users' compliance with the Conditions, Ludex provides these Users with various online Games through its Web Platform.
3.2 Any User taking part in Games through the Web Platform could face opponents from within Quebec as well as players located elsewhere in the world.
4. USER'S ACCOUNT
4.1 Users taking steps to open an Account via the Site section provided to that effect are responsible for providing Ludex with accurate and current information and for immediately notifying Ludex of any changes to the information provided during the process of opening an Account.
This information will be treated in compliance with the provisions of the Privacy Policy.
4.2 Once the process of opening an Account has been successfully completed, the User becomes a member of the Web Platform and can play Games by accessing his Account with a personal identification code comprised of the username and password provided by the User during the registration process.
4.3 The use of an Account is limited to its sole User. Every User also has the sole responsibility for preserving the confidentiality of his or her personal identification code and Ludex shall not be in any case responsible for the access or use of a User's Account, including cases where a User inadvertently or otherwise divulges his personal identification code in whole or in part, uses softwares or tools that enable automatic entry of his personal identification code or otherwise saves, records or writes down his personal identification code, in whole or in part.
4.4 Every Account is linked to one User and a User can't create more than one Account.
4.5 Ludex may, at its sole discretion and particularly in case of :
(a) illegal use of the Site, the Web Platform or the Games or in a manner that interfere with their proper operation or use,
(b) violation of these Condition,
(c) fraud,
(d) fraudulent behaviors,
(e) collusion between Users, or
(f) any other conduct deemed inappropriate by Ludex, take any measure deemed appropriate, including refusing to open an Account, suspend, deactivate or close an existing Account and, in some cases, refuse to reimburse Tokens in whole or in part. Without prejudice to any other recourse that Ludex may have, Ludex particularly reserves the right to seek damages and interests for any loss that it may sustain in connection with a User acts or omissions.
4.6 All Users hereby agree that Ludex may access their Account in the cases provided in these Conditions and in the Privacy Policy, to solve technical problems or in any other case deemed necessary to ensure the proper functioning of the Web Platform or the Games.
4.7 All Users hereby agree not to use their Account for illegal purposes or in a manner to interfere with the use by the Users of the Site, the Web Platform or the Games. Ludex reserve the right to close the Account of any User implicated in such use and to seek from this User damages and interests for any loss that it may sustain in connection with such User acts or omissions.
4.8 All Users are solely responsible for the accuracy of the information they provide in regard to PayPal transactions in their account and Ludex shall in no case be held responsible for the loss or misdirection of amounts that result from inaccurate, incomplete or erroneous information provided by a User.
4.9 Ludex shall at no time be held responsible for Paypal processing delays in regard with money transfers. To that end, Ludex provides no guarantee as to when transferred amounts may become available to a User. Moreover, the right to the reimbursement of such amounts in a User Account is governed by the current Conditions and by Ludex verification procedures.
4.10 In case of errors or technical problems in relation with a purchase or sale transaction of Tokens, Ludex reserves the right to make corrections by deducting or adding Tokens to any of the affected Account in order to rectify any discrepancies. Moreover, Users hereby agree and undertake to reimburse, if necessary, all amounts they may owe Ludex resulting from an error or a technical problem.
5. TOKENS
5.1. Free Games
(a) A User can use unlimited Voided Tokens (GEMS) to participate in Free Games, free of charge.
(b) All Free Games have a Prize Amount exclusively in Voided Tokens (GEMS) attached to them, and that is reserved for the winner(s) of the Free Game.
(c) Subject to compliance with the Conditions, the winning User of a Free Game will be rewarded the Prize Amount of Voided Tokens (GEMS) varying on the Game he/she participated in.
(d) Ludex may, at its sole discretion, offer to its users the possibility to exchange Voided Tokens (GEMS) for non-cash prizes and/or digital goods.
(e) A User using Voided Tokens (GEMS) to participate in a Free Game understands that he/she won't be eligible to win any Tokens (LUX) while participating in these Free Games and, in the same way, he/she cannot lose any of his/her Tokens (LUX).
5.2 Paying Games
(a) In order to participate in Paying Games, a User must buy Tokens (LUX) or have received Bonus Tokens (Bonus LUX).
(b) Each Token (LUX) has a point zero-one American Dollar ($0.01 USD) cost, plus any applicable taxes. Each bought Token (LUX) has a point zero-one American Dollar ($0.01 USD) value.
(c) The purchase of five hundred Tokens (500 LUX), equivalent to five American Dollars ($5 USD) plus taxes, is set as a minimum every time a User buys Tokens (LUX).
(d) All Paying Games have an Entry Fee that must be paid before being admitted to the Game. The Entry Fee of any Paying Game is payable with Tokens (LUX) and/or Bonus Tokens (Bonus LUX).
(e) All Paying Games have a Prize Amount exclusively in Tokens (LUX) that is attached to the given Paying Game and reserved for the winner(s) of the said Paying Game.
(f) Subject to compliance with the Conditions, the winning User of a Paying Game will be rewarded the Prize Amount of Tokens (LUX) varying on the Game he/she participated in.
(g) A Paying Game User may at any moment, request for a cash exchange of their Tokens (LUX) for United-State Dollars ($ USD). Details in section 6.
5.3 Bonus Tokens
(a) Bonus Tokens (Bonus LUX) can only be used to pay for Paying Games Entry Fees and nothing else. They cannot be exchanged for cash.
(b) If a User enters a Paying Game and he/she possesses Bonus Tokens in his/her account, 15% of the Entry Fee will be paid with Bonus Tokens (Bonus LUX). However, if a user only has Bonus LUX, the entry fee will be paid with additional Bonus LUX from the user's account to cover the rest of the entry fee.
(c) The Prize Amount of a Paying Game is always exclusively in Tokens (LUX) regardless of whether the Entry Fees were paid with Tokens (LUX) or Bonus Tokens (Bonus LUX) or both.
(d) If a User completes a withdrawal request from his/her Account, they will automatically forfeit all their Bonus Tokens (Bonus LUX).
(e) If a User does not take part in a Paying Game within 60 consecutive days, they will automatically forfeit all their Bonus Tokens (Bonus LUX).
6. TOKEN REIMBURSEMENT
6.1 Unless an Account has been suspended, is subject to verification or other similar measures, reimbursement of Tokens will take place as follows:
(a) within two (2) weeks of a request being duly made by a User, all or a portion of his or her Tokens (depending of the User request) will be reimbursed to the User via his PayPal account, minus the fees provided in section 6.2 hereinafter. The number of Tokens available via the User's Account will be reduced accordingly.
(b) within two (2) weeks of an Account being deactivated or closed by the User himself or by Ludex, all of the User's Tokens will be reimbursed to the User whose Account was deactivated or closed, via its PayPal account.
6.2 In case of a Token reimbursement pursuant to the provisions 6.1 (a) and 6.1 (b) or for any other reason, two dollars and ninety-nine cents (2,99$) of the reimbursed amount will be charged and retained by Ludex directly on this reimbursement of Tokens. Consequently, 299 Tokens (LUX) will be subtracted in addition to the requested amount from the Users Account.
6.3 Unless a Site, Platform or Paying Game defect or failure is attributable to the User, Tokens paid by this User to participate in a Paying Game that was ongoing when a defect or failure of the Site, the Platform or the Paying Game took place will be reimbursed to the User as if the User never participated to this Paying Game; therefore, there will be no winner nor loser for this Paying Game.
6.4 In the event that a situation as described in point 6.3 arises, the Users will be reimbursed their Entry Fees in Tokens and Bonus Tokens (LUX and Bonus LUX) respective to the amount of Tokens and Bonus Tokens that were used to pay for the Entry Fee.
7. PARTICIPATION IN GAMES AND IN TOURNAMENTS
7.1 General provisions
(a) In order to access his Account and participate in Games, a User must first enter his or her personal identification code at the prescribed location.
(b) Only a User who has a sufficient number of Tokens to his Account to cover the minimum number of Tokens required to participate in the Game may participate in it.
(c) Each User hereby acknowledges and agrees that his or her name, nickname, address and photograph, as well as any other information provided by him or her may be used by Ludex for advertising or promotional purposes, including for ranking or other purposes. Each User hereby waives all rights to compensation related to the broadcasting, printing and advertising of said information.
(d)Users are solely responsible for the decisions they take and/or for the information they provide while participating in any Game and Ludex shall at no time be held responsible for any decision taken and/or information provided by a User, and shall at no time be held responsible for a decision taken and/or an information provided and/or an investment of Tokens made by mistake, inadvertence or in any other similar situation.
(e) In the case of a discrepancy between participation data transmitted to a User verbally, on screen or via print screen and participation data recorded on the Site, the Web Platform or within a Game, the latter shall prevail.
(f) Ludex may decline a participation in a Game for any reason whatsoever, in which case the User concerned is only entitled to the reimbursement of the Tokens invested to participate in that Game, if any. Without limiting the generality of the foregoing, Ludex may in particular establish limits regarding the amounts of Tokens that may be invested.
7.2 Tournament-specific provision
(a) Ludex may offer Games under the form of tournaments. In this case, instead of paying an amount of Tokens to participate in each and every phase of the tournament, the User wishing to take part in the tournament shall pay the required entry fee, which fee will contribute to the total tournament pot of Tokens that will be won by the winning User of the tournament.
(b) Games offered under the form of tournaments proceed, subject to the following, in accordance with the particular rules of each one of these Games.
The terms that apply to a specific tournament (in particular those relating to the number of Tokens required to participate in the tournament, to the Games included in the tournament, etc.) are explained on the tournament presentation page. By participating in a tournament, each User agrees to be bound by all the terms that apply to it. Moreover, each User agrees that Ludex reserves the right to cancel a tournament, in particular when it deems the number of registered Users to be insufficient, or in order to make changes to the tournament that are fair for the participating Users. When a tournament is cancelled, or in the event of a failure or malfunction of the Site, the Web Platform or a Game during the tournament, the Tokens invested by a User as entry fee are either refunded to him or her or reinvested in another Game by this User, at the User's discretion.
8. RESPONSIBLE GAMING AND SELF EXCLUSION
8.1 These measures are implemented in order to promote responsible gaming practices. Ludex offers to any individual the possibility to self-exclude himself or herself from the Site and the Web Platform by enrolling in the Site self-exclusion program by presenting a self-exclusion request directly at [email protected].
By enrolling in this voluntary self-exclusion program, the said individual authorizes Ludex, as the case may be, to refrain him or her from creating an Account or to block the access to his or her Account for a duration determined by said individual. In any case, registration to this program will not be revoked during said determined duration.
8.2 Ludex assumes no responsibility in the event an individual violates in any way the self-exclusion program to which that individual has voluntarily registered.
9. CONTENT PROVIDED BY USERS
9.1 It is forbidden for the User to provide or transmit on or through the Site, the Web Platform or within a Game any content that is deemed to be inappropriate, including by the use of a nickname, through chat or otherwise.
9.2 Ludex reserves the right to take any measure it deems relevant in respect with any content deemed inappropriate, including any hateful, discriminatory, sexist, violent, offensive or other inappropriate content. To this end, Ludex may, at its sole discretion, require a User to change his/her nickname, remove any content deemed non-compliant or deactivate, suspend or close the Account of a User who makes any such content available through chat or other means.
9.3 While various tools allow to verify the contents conveyed on the Site, the Web Platform or a Game have been put in place, Ludex provides no guarantee and declines all responsibility regarding any content provided or transmitted by a User.
10. LIMITED LIABILITY
10.1 In addition to the other limitations of liability contained herein, Ludex, its directors, officers, employees or agents shall not be held, in any circumstances, responsible under civil law or otherwise for any damages or losses of any kind related to the browsing, use or participation in Games on the Site and through the intermediary of the Web Platform, or for the impossibility to access or use the Site, the Web Platform or a Game, including, without limitation, in case of: (i) failure, defect or destruction of the computing systems used in relation with the Games offered on the Site and through the Web Platform; (ii) delays, however caused, which preclude anyone from opening or accessing an Account and from participating in Games; (iii) similarly due to any failure, delay or other similar circumstances attributable to third parties involved in the provision of services, including Games developers and any other services, telecommunication or equipment suppliers in relation with the Site and the Web Platform.
10.2 Users understand and agree that Ludex may, at any time and at its sole discretion, cease to offer certain Games on the Site and withdraw or add Games without prior notice to the Users and without incurring any liability to that effect. Moreover, Ludex shall not be held liable if it decides to decline, deactivate, block, suspend or close an Account or take any other measure it deems appropriate in case on non-compliance with these Conditions or for any other reason it deems relevant, and may proceed to any verification of any litigious or suspicious situations.
10.3 Ludex makes no explicit or implicit representation or warranty as to the accuracy, completeness, validity or up-to-dateness of the information disclosed. Ludex may at its sole discretion and without notice, modify, update or subtract any part of the Site or Web Platorm content, as well as any Game or Account.
11. COPYRIGHT AND PROPERTY RIGHTS
11.1 Ludex is not endorsed by, directly affiliated with, maintained or sponsored by Electronic Arts, Activision Blizzard, Supercell, Ubisoft, Microsoft, Xbox, Sony, PlayStation or Epic Games. All content, games titles, trade names and/or trade dress, trademarks, artwork and associated imagery are trademarks and/or copyright material of their respective owners.
11.2 Certain names, words, titles, phrases, logos, icons, graphics or designs of the Site, Web Platform or Games are trade names or trademarks owned by Ludex or licensed to Ludex. All other material contained on the Site, the Platform or the Games are protected by copyright.
11.3 The unauthorized downloading, retransmission, copying or modification of trademarks, images, text or data contained on the Site, the Web Platform or the Games may contravene federal or provincial laws, and especially the laws pertaining to trademarks, industrial drawings or copyright, and may subject the User to legal proceedings.
11.4 Except for the purposes of navigating the Internet, or unless otherwise indicated, it is strictly prohibited to copy, redistribute, reproduce, republish, store on any medium, retransmit or modify the information contained on the Site, the Web Platform or the Games, or to make public or commercial use thereof in any way whatsoever.
12. DOMAIN NAMES
12.1 Ludex domain names are its exclusive property and no appropriation of the domain names by way of hyperlinks or framing shall be tolerated. Similarly, the registration of closely similar domain names will not be tolerated.
13. HYPERLINKS TO A THIRD PARTY SITE
13.1 The Site and the Web Platform feature various hyperlinks which will direct Users to other sites. These hyperlinks are made available to Users for their convenience only and in order to offer them a more intuitive and pleasant navigation experience. The existence of any such hyperlink in no way whatsoever constitutes an implicit or explicit support of the site concerned, of its content, or of any other sites associated with such a site. Furthermore, Ludex assumes no responsibility whatsoever for such content.
14. HYPERLINKS TO THE SITE
14.1 It is possible that the Site appears among hyperlinks offered by third-party sites. Ludex is not responsible for the content of any of these sites, or for any link present on these sites.
Ludex has no control over the sites containing links to the Site. The fact that links to the Site exist does not mean that Ludex supports, approves or otherwise recognizes the content of any such sites or any link present on these sites.
All Users who wish to establish a hyperlink to the Site must first accept the conditions outlined below. By establishing a link to the Site, Users accept that the site containing a link to the Site:
(a) cannot employ a framing technique, a mirror site or any other similar method without the prior consent of Ludex;
(b) cannot employ a link integrated with images posted on the Site or the Web Platform;
(c) cannot give the impression that there is an affiliation of any kind between the company or the individuals benefiting from the site and Ludex, nor that Ludex supports the products, services or any other content featured on the site, unless there is a written agreement stating otherwise;
(d) cannot give a false or misleading impression of the products or services offered by Ludex;
(e) cannot display a Ludex logo, unless a written agreement states otherwise;
(f) cannot contain material that might be interpreted as being of bad taste or offensive, or which targets or appeals to people under the age of 18; and
(g) cannot promote or make reference to illicit or illegal activities.
Ludex can, at all time and at its sole discretion, immediately abolish the privilege of Users to establish a link to the Site.
15. LANGUAGE
15.1 In the event of discrepancy between the two (2) linguistic versions of the Site or the Web Platform, in particular the Conditions and the Privacy Policy, the English version shall prevail.
16. APPLICABLE LAW AND JURISDICTION
16.1 The Conditions are governed by the laws of the Province of Quebec and shall be interpreted in accordance with them. The Users hereby expressly agree that any judicial or quasi-judicial proceeding that may be initiated by any of them in relation with the Conditions, and more generally with the use by a User of his or her Account, of the Web Platform, of the Site or of a Game, shall be brought before the court having jurisdiction in the judicial district of Longueuil, Province of Quebec.
17. COMPLIANCE WITH LAWS
17.1 Games are prohibited in the following US states due to the Gaming Laws in place: Arizona, Askansas, Connecticut, Delaware, Louisiana, Montana, South Carolina, South Dakota and Tennessee. Users are responsible to determine whether the country, state, territory or jurisdiction in which they use the Web Platform prohibits Games. Ludex reserves the right, but is not in its obligation, to verify the geolocation of its users and to block their access in case of violation of the Gaming Law.
17.2 Users are subject to all municipal, federal and provincial laws of the place in which they reside when they use the Web Platform. In this sense, if any other law prohibits Games, it is users’ responsibility to comply with it.
17.3 If a user can participate in a Game, it does not mean that he/she is authorized to do so by the Gaming Law and other municipal, federal and provincial laws of the place in which he/she resides. We are not responsible for the lawfulness of users using our Web Platform.
18. NON-COMPLIANCE OF A PROVISION
18.1 The illegality or invalidity of a section, paragraph or provision of the Term of use or of the Privacy Policy does not affect the legality of validity of the other sections, paragraphs or provisions, nor the remainder of the paragraph or section, unless clear intent to the contrary in the text.
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