DATE: December 21, 2023
VERSION: 11.1

Crest Legal Logo

HIGH 5 CASINO TERMS OF USE

SUMMARY OF DECEMBER 21, 2023 CHANGES:

1. Address updates for High 5 Entertainment, LLC.

INTRODUCTORY INFORMATION:

WE HAVE UPDATED OUR TERMS OF USE AS OF DECEMBER 21, 2023. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING, USING OR BROWSING HIGH 5 CASINO OR ANY OF THE CONTENT OR SERVICES ON THE PLATFORM.

THESE GENERAL TERMS OF USE FORM A BINDING AGREEMENT BETWEEN YOU AND HIGH 5 ENTERTAINMENT, LLC AND GOVERN YOUR USE OF IT’S GAMES AND/OR PLATFORM IN ANY WAY. FOR THE AVOIDANCE OF DOUBT, WHILE SOME GAMES MAY BEAR RESEMBLANCE TO SLOT-MACHINES IN REAL-WORLD CASINOS, THE GAMES IN NO WAY OFFER REAL MONEY GAMBLING OPPORTUNITIES. NO REAL MONEY IS REQUIRED TO PLAY ANY GAMES ON THE PLATFORM AND THE SERVICE IS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. NO PURCHASE IS NECESSARY TO ENTER AND PLAY GAMES IN HIGH 5 CASINO SWEEPS PLAY.

FURTHERMORE, THESE TERMS OF USE EXPRESSLY INCORPORATE AND ARE INSEPARABLY LINKED TO H5C’S PRIVACY POLICY, H5C’S OFFICIAL SWEEPSTAKES RULES, LEGAL NOTICES, AND RESPONSIBLE SOCIAL GAMEPLAY POLICY.

HIGH 5 CASINO IS NOT AVAILABLE IN THE STATE OF WASHINGTON AND THE STATE OF MICHIGAN. HIGH 5 CASINO SWEEPS PLAY IS ONLY AVAILABLE TO PARTICIPANTS IN THE UNITED STATES (EXCLUDING THE STATE OF WASHINGTON, THE STATE OF NEVADA, THE STATE OF MICHIGAN AND THE STATE OF IDAHO) AND THE DISTRICT OF COLUMBIA, AND CANADA (EXCLUDING THE PROVINCE OF QUEBEC). CHECK SECTION 2 OF THE H5C OFFICIAL SWEEPSTAKES RULES TO CHECK YOUR ELIGIBILITY.

HIGH 5 CASINO IS NOW OFFERING A “REFER-A-FRIEND” PROGRAM, WHEREBY PLAYERS MAY REFER FRIENDS TO JOIN H5C AND RECEIVE H5C REFERRAL BONUS REWARDS FOR EACH REFEREE THEY CAUSE TO SIGN UP FOR A H5C USER ACCOUNT (MAXIMUM 25 REFERRAL BONUS REWARDS PER PROMOTION PERIOD). FOR MORE INFORMATION ON HIGH 5 CASINO’S “REFER-A-FRIEND” PROGRAM SEE SECTION 22 BELOW.

IMPORTANT INFORMATION ABOUT BINDING AND FINAL ARBITRATION

THESE TERMS OF USE CONTAIN A MANDATORY ARBITRATION PROVISION IN THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT,” WHICH SAYS THAT YOU AND H5G AGREE TO RESOLVE DISPUTES SOLELY THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT CLASS-WIDE OR CONSOLIDATED BASIS. AMONG OTHER THINGS, THIS MEANS YOU WAIVE THE RIGHT TO RESOLVE DISPUTES IN COURT OR BEFORE A JURY. THESE TERMS OF USE ALSO CONTAIN A LIMITATION ON THE TIME PERIOD YOU HAVE A RIGHT TO BRING A CLAIM AGAINST H5C AFTER THE RELEVANT EVENTS HAVE OCCURRED.

YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION. SEE THE SECTION TITLED “DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT” BELOW FOR INSTRUCTIONS ON HOW TO OPT OUT.

FOR PLAYERS IN THE STATE OF WASHINGTON:

THERE IS A PENDING LAWSUIT IN FEDERAL COURT IN THE STATE OF WASHINGTON RELATING TO H5C. THIS LAWSUIT SEEKS TO RECOVER MONEY ALLEGEDLY LOST WHILE PLAYING H5G GAMES AND/OR USING ITS CONTENT. H5G DENIES THE CLAIMS AND BELIEVES THEY HAVE NO MERIT. THE COURT HAS ALLOWED THE LAWSUIT TO PROCEED AS A CLASS-ACTION, BUT HAS NOT DECIDED WHO IS RIGHT. THE CLASS-REPRESENTATIVE AND INDIVIDUALLY NAMED PLAINTIFF IN THIS LAWSUIT IS REPRESENTED BY ATTORNEYS AT THE LAW FIRM OF EDELSON PC, WHO MAY BE CONTACTED AT (312) 589-6370. IF YOU ACCEPT THE TERMS OF USE AND DO NOT OPT OUT OF THE DISPUTE RESOLUTION BY BINDING ARBITRATION PROVISION, YOU CANNOT PARTICIPATE IN THIS LAWSUIT. *SEE WILSON V. PTT, LLC* CASE NO. 3:18-CV-05275-RBL, FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON FOR ADDITIONAL DETAILS.

**AS OF AUGUST 23, 2022, ALL HIGH 5 CASINO COINS AND IN-GAME PURCHASES MADE FROM WITHIN THE STATE OF WASHINGTON IN THE UNITED STATES OF AMERICA WILL BE VOIDED AND REFUNDED, MINUS AN ADMINISTRATION FEE OF 10% OF THE TOTAL PURCHASES MADE BY THE PLAYER, IN ADDITION TO ANY CHARGES THAT MAY BE LEVIED BY THE BANK OR FINANCIAL INSTITUTION MANAGING THE AFOREMENTIONED REVERSAL.**

High 5 Entertainment, LLC (“H5C” or “H5E”), hosts an interactive and social platform regarding High 5 Entertainment, LLC’s gaming resource in the social and wager gaming industries through this engaging interactive application/website “High 5 Casino” club5.high5casino.com, Apps (High 5 Casino, High 5 Vegas, Electri5 Casino, GoldenGoddess Casino, DaVinciDiamonds Casino, GoldenKnight Casino, Shake the Sky Casino, Cats Casino, and Hoot Loot Casino), Facebook Page www.facebook.com/High5Casino/ or www.facebook.com/High5Vegas, (Please note, if accessing from Facebook.com you are also bound by the terms and conditions and privacy policy of Facebook.com.) and third-party providers. The following governs your access and use of H5C, including both the H5C Classic Platform and the H5C Sweeps Platform, all information, games, accounts, multimedia, comments, and other information and/or any other content (collectively, “Content”) available on or through H5C, as engaged by you or other users. For convenience, the term “H5C,” shall include High 5 Entertainment, LLC, its executives, directors, employees, contractors and affiliates.

BY ELECTRONICALLY ACCESSING H5C, CREATING A USER ACCOUNT ON H5C AND/OR ENGAGING IN ANY OF THE INFORMATIONAL OR INTERACTIVE MULTIMEDIA SERVICES PROVIDED BY OR THROUGH H5G AND/OR H5C, YOU AGREE:

YOU HAVE READ AND UNDERSTAND ALL OF THE TERMS OF USE AND LEGAL NOTICES CONTAINED HEREIN; AND

YOU AGREE TO BE BOUND BY ALL OF THE TERMS OF USE, OFFICIAL SWEEPSTAKES RULES, PRIVACY POLICY, RESPONSIBLE SOCIAL GAMEPLAY POLICY AND LEGAL NOTICES; AND

YOU ARE AT LEAST 18 YEARS OLD AT TIME OF ACCESS OR REGISTRATION, OR AT LEAST 19 YEARS OLD IF YOU ARE A LEGAL RESIDENT OF ALABAMA OR NEBRASKA, OR AT LEAST 21 YEARS OLD IF YOU ARE A LEGAL RESIDENT OF NEW JERSEY.

IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING ACKNOWLEDGEMENT, THEN DO NOT ACCESS, BROWSE OR USE H5C OR ANY OF THE CONTENT. MOREOVER, H5C DOES NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE H5C OR THE CONTENT WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING WITHOUT LIMITATION THE PRECEDING AGREEMENT AND ACKNOWLEDGEMENT.

H5C reserves the right, in its sole discretion, to revise or modify these Terms of Use at any time. Users are responsible for reviewing H5C’s Terms of Use periodically. Your continued accessing H5C or any informational or interactive media services by or through H5C after a change or modification of the Terms of Use will constitute your acceptance of the revised Terms of Use. The date of the most recent Terms of Use will be posted at the top of this document.

PLEASE NOTE THAT THE SERVICE IS INTENDED FOR AMUSEMENT AND ENTERTAINMENT ONLY. THE SERVICE IS NOT A LOTTERY OR GAMBLING ACTIVITY AND YOU ACKNOWLEDGE THAT H5C DOES NOT PROVIDE YOU WITH ANY PRIZES OF MONETARY VALUE UNLESS IT IS RELATED TO THE H5C SWEEPSTAKES.

  • GENERAL PERMISSIONS AND RESTRICTIONS:
    1. H5C hereby grants you permission to access and use H5C as set forth herein, provided that:
      1. You agree not to alter or modify any part of H5C, except as provided for herein.
      2. You agree not to access H5C Content through any technology or means other than the authorized webpages and/or applications designated by H5C, or other explicitly authorized means H5C may designate in writing.
      3. You agree not to use H5C for any commercial use without the prior written authorization of H5C. Prohibited commercial uses include any of the following actions taken without H5C’s express approval:
        1. sale of access to H5C or its related services on another website;
        2. use of H5C or its related services for the primary purpose of gaining advertising or subscription revenue;
        3. the sale of advertising, on the H5C website or any Third-Party Website, targeted to the content of specific H5C Content; and
        4. any use of H5C or its related services that H5C finds, in its sole discretion, to use H5C Content with the effect of competing with or displacing the market for H5C or H5C Content.
      4. Prohibited commercial uses do not include any use that H5C expressly authorizes in writing.
      5. Where expressly allowed by H5C, if you use any H5C Content on another website, you must include a prominent text link back to H5C on the pages where the H5C Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized H5C Content.
      6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses H5C in any manner. Notwithstanding the foregoing, H5C grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. H5C reserves the right to revoke these exceptions either generally or in specific cases.
      7. You agree not to collect or harvest any personally identifiable information, including H5C User Account names, from H5C, nor to use the communication systems provided by H5C (e.g. comments, messaging, etc.) for any commercial solicitation purposes.
      8. You will otherwise comply with the Terms and Conditions contained herein, and all applicable local, national, and international laws and regulations.
      9. H5C reserves the right to discontinue any aspect of H5C at any time.
  • LICENSE:
    1. You agree by accessing, browsing or otherwise using H5C, H5C and the Content are and remain the sole property of H5C or third-party providers, as applicable. Except as expressly permitted by H5C in writing, you agree that your license to access, browse and/or use this content is limited solely to a personal, revocable, nonexclusive, non-transferable license to (i) access and view H5C and the content, and (ii) upload and store any Content for your non-commercial use (with the exception of any fiscal or monetary reward provided by H5C) and not for resale or distribution to anyone else. You also agree that, with respect to any copy of the Content that you are permitted to upload, download, store and/or record/print, you will reproduce and include all copyright and other proprietary notices included in such Content.
    2. Unless otherwise provided in writing by H5C, no license provided herein authorizes you to copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, use in a manner prohibited by applicable laws or regulations, decompile or disassemble any aspect of H5C or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.
  • ADDITIONAL USER RESTRICTIONS:
    1. In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on H5C.
      1. The Content on H5C, including without limitation, the Games, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to H5C or one of its business partners, subject to copyright and other intellectual property rights under the law. Content on H5C is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, unless provided for herein. H5C reserves all rights not expressly granted in and to H5C and the Content.
      2. To the extent user comments are permitted, such comments are made available to you for your information and personal use solely as intended through the normal functionality of H5C. User comments are made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of H5C or otherwise as prohibited herein.
      3. You may access H5C Content and other content only as permitted herein. H5C reserves all rights not expressly granted in and to the H5C Content and the H5C website and application.
      4. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of materials of third parties obtained through H5C for any commercial purposes.
      5. You agree not to circumvent, disable or otherwise interfere with security-related features of H5C or features that prevent or restrict use or copying of any Content or enforce limitations on use of H5C or the Content therein.
      6. You understand that when using H5C, you may be exposed to content from a variety of sources, and that H5C is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Third-Party content.
      7. You further understand and acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against H5C with respect thereto, and agree to indemnify and hold H5C, its Owners/Operators, officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.
  • APPLE DISCLAIMERS: Users acknowledge and agree that this Agreement is solely between you and H5C only, and not with Apple, Inc. (“Apple”). Users further acknowledge and agree that:
    1. Apple and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
    2. Apple has no responsibility for the iOS H5C app or any included content.
    3. In the event of any failure of the iOS H5C app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS H5C app to you (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS H5C app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
    4. Apple is not responsible for addressing any of your claims or those of any third-party relating to the iOS H5C app or your possession and/or use of the iOS H5C app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS H5C app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
    5. In the event of any Third-Party claim that the iOS H5C app or your possession and use of the iOS H5C app infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
  • GOOGLE DISCLAIMERS: Users acknowledge and agree that this Agreement is solely between you and H5C only, and not with Google, Inc. (“Google”) Users further acknowledge and agree that:
    1. Google and its subsidiaries are Third-Party beneficiaries under this Agreement and that, upon your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against you as a third-party beneficiary thereof.
    2. Google has no responsibility for the H5C app or any included content.
    3. In the event of any failure of the Android H5C app to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Android H5C app to you (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android H5C app, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
    4. Google is not responsible for addressing any of your claims or those of any third-party relating to the Android H5C app or your possession and/or use of the Android H5C app, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the H5C app failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
    5. In the event of any Third-Party claim that the Android H5C app or your possession and use of the Android H5C app infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement, and discharge of such claim.
    6. Your use of the Android H5C app must comply with Google’s then-current Android Market Terms of Service.
  • THIRD-PARTY SITES:
    1. H5C may contain links to Third Party Websites that are not owned or controlled by H5C. H5C has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Websites. In addition, H5C will not and cannot censor or edit the content of any Third-Party Website. By using H5C, you expressly relieve H5C from any and all liability arising from your use of any Third-Party Website.
    2. You additionally acknowledge that some of the Third-Party Websites accessible through H5C may be fraudulent in nature in an effort to reveal personal information such as passwords, account information, and credit card information. These fraudulent sites may offer the chance to win or purchase High 5 Casino Coins, Game Coins, Sweeps Coins and/or Diamonds at lower prices. You agree that H5C will not be liable for any actions you take at the request of these Third-Party Websites. H5C IS THE ONLY ENTITY AUTHORIZED TO OFFER HIGH 5 CASINO COINS, GAME COINS, SWEEPS COINS AND DIAMONDS. NO OTHER THIRD-PARTY ENTITY IS AUTHORIZED TO DO SO. Any such offer shall be deemed fraudulent and will be disregarded.
    3. All Third-Party Websites are bound by their own Terms and Conditions outlined by that Party, including Prizeout. More information on Prizeout can be found in the H5C Official Sweepstakes Rules.
  • H5C USER ACCOUNT:
    1. In order to access some features of H5C, you may have to create a H5C User Account either directly or through one of H5C ™ strategic business partners (e.g. Facebook, Inc.), which may also work with H5C. You agree never to use another’s User Account without permission. When creating your User Account, you must provide accurate and complete information. If you wish to update your address, email, phone number, or other contact information, you may contact H5C support at the email below. The name you provide when registering your User Account must match that on your government-issued ID. If you provide any information that is untrue, inaccurate, not current, or incomplete, or H5C has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, H5C reserves the right to suspend or terminate your User Account immediately and refuse any and all current or future use of the H5C service (or any portion thereof), and declare any Prizes or Virtual Currency won invalid.
    2. If your User Account is created via your Facebook account, you are allowing H5C to access your Facebook account information. If you access H5C from Facebook, you shall comply with the terms of service of Facebook as well as these Terms.
    3. You are solely responsible for the activity that occurs on your User Account, and you must keep your password secure. You must notify H5C immediately of any breach of security or unauthorized use of your User Account. Although H5C is not liable for any of your losses caused by any unauthorized use of your User Account, you shall be liable for those losses of H5C or others due to such unauthorized use.
    4. Any information collected by H5C will be held subject to H5C’s Privacy Policy, available at.
    5. SINGLE ACCOUNT: You are allowed to register one (1) User Account, including any Inactive Accounts you may have, on the Platform. Should you attempt to open more than one (1) User Account, all open User Accounts in your name will be immediately suspended or closed. This includes the use of representatives, relatives, associates, affiliates, related parties, connected persons, and/or third parties operating on your behalf. You must notify H5C if you believe you have more than one User Account, whether they are all active or not.
    6. Suspected Fraud and/or Abuse will result in your User Account being closed and your winnings will be removed, solely at the discretion of H5C. H5C reserves the right to cancel any bonuses, and may remove any winnings or Virtual Currency from your User Account if there is suspicion of fraud or abuse. Fraud or abuse includes, but is not limited to:
      1. Delaying game rounds in any game, including free spins and bonus features, to a later time when you have no playing requirements;
      2. Leaving large sums of Virtual Currency on the table and returning to the game after bonus play has been completed;
      3. Playing games with bonus Virtual Currency to build up in-game value, lose the bonus Virtual Currency, and then redeem on the built-up value if in Sweeps Play; and
      4. Using strategies that take advantage of any software bug or failure.
  • USER IDS AND PASSWORDS:
    1. Access to certain areas of H5C or the Content are limited by a user identifier (“User ID”) and password, which is selected and/or supplied as part of the registering process for a User Account with H5C. By registering, you represent, warrant and covenant that:
      1. You are of lawful age in your jurisdiction to access H5C Content, but in no case under 18 years of age;
      2. You are using your actual identity;
      3. You have provided only true, accurate, current, and complete information about yourself during the registration process; and
      4. You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.
    2. User ID’s on H5C may not include: (i) References to breaking the law, including terrorism and child exploitation (ii) violence and/or threats (iii) hateful conduct (iv) harassment and sexual harassment (v) unauthorized sharing of private information (vi) impersonation (vii) glorification of natural or violent tragedies (viii) self-destructive behavior (ix) references to recreational drugs, hard drugs, and drug abuse, with exceptions for alcohol, tobacco, and marijuana (x) references to gaming addiction and gambling addition (xi) references to sexual acts, genitalia, or sexual fluids. Indefinite suspensions will be issued, at our sole discretion, for User ID’s that violate these Terms.
    3. By logging onto H5C using any password, you represent, warrant, and covenant that you are authorized to use such password and to engage in the activities that you conduct thereunder. You agree that you will be solely responsible for the maintenance and security of your User ID and password. You also agree that you will be solely responsible for any activities conducted on or through H5C that occur through your User Account or with your User ID. Your User ID and password are unique to you, and you agree not to disclose or share your User ID and password with any other person or third-party.
    4. In addition, you agree that you are entirely responsible for any and all activities which occur under your User Account or with your User ID whether or not you are the individual who undertakes such activities. This includes any unauthorized access and/or use of your User Account should you fail to sufficiently disconnect and/or log off H5C and/or a public computer system. Accordingly, you absolve and release H5C from any claim of harm resulting from a third party undertaking the activities.
    5. H5C reserves the right to deny or revoke access to H5C, or any part thereof, at any time in our sole discretion, with or without cause. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password please notify H5C immediately.
    6. You may not transfer High 5 Casino Coins, Game Coins, Sweeps Coins and/or Diamonds between User Accounts, or from your User Account to that of another Player or any other Third Party Further, you may not receive High 5 Casino Coins, Game Coins, Sweeps Coins and/or Diamonds from other Players into your User Account. You may not offer any Virtual Currency to any other party. Any attempt to circumvent these prohibitions may be grounds for termination of your User Account, without prejudice to any other rights or remedies available to H5C.
    7. H5C reserves the right to close, deactivate, or terminate your User Account if it deems, at its sole discretion, the User Account to be Dormant. A User Account will be deemed Dormant if there has been no login activity to the User Account for a period of sixty (60) consecutive days. Players will be sent warnings by the H5C customer service team as a Player nears the end of the sixty (60) day period of no login activity. If an account becomes Dormant, H5C will remit the balance of the redeemed value of Prizes in your User Account to you as may be required under applicable law.
    8. In the event you wish to close your H5C User Account, you may do so at any time by contacting H5C support at the email below and submitting a request to do so. By closing your User Account, you agree to forfeit all continued access to and right to use, enjoy or benefit from any High 5 Casino Coins, Game Coins, Sweeps Coins and/or diamonds or potential unredeemed prizes associated with your User Account. A closed User Account may be reopened by contacting support at the email below and requesting re-activation of your User Account. H5C will evaluate all such requests and re-open accounts at its sole discretion.
  • SITE MONITORING:
    1. H5C may monitor or review any areas on H5C where users upload Content, transmit or post Content or communicate with each other, or the like. However, H5C does not undertake to monitor or review every posting or communication, and H5C disclaims any liability related to the content of any such postings and communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, offensive speech or otherwise. Any instances of posts or communications which violate these Terms are subject to indefinite suspension at H5C’s sole discretion.
    2. While H5C may monitor the content of the communications from time to time, H5C does not endorse, support, sanction, encourage, verify, or necessarily agree with the comments, opinions, or statements posted. Any information or material placed online are solely the views and responsibility of those posting such statements, and do not necessarily represent the views of H5C. H5C, in its sole discretion, reserves all rights to discontinue this service generally or to any user at any time.
    3. H5C may disclose any records, electronic communications, information, materials, or other content of any kind (i) if H5C believes in good faith that the law or legal process requires it; (ii) if such disclosure is necessary or appropriate to operate H5C; or (iii) to protect our rights or property or the rights or property of our users and business partners.
  • PUBLICITY AND SUBMISSIONS:
    1. Except where prohibited by law, accessing and engaging H5C constitutes each Player's consent to H5C's and its agent's use of Players' name, likeness, photograph, voice, opinions and/or hometown and state/province/territory for promotional purposes in any media, worldwide, without further payments, notice or consideration.
    2. A Submission to H5C or a post to any of its social media pages constitutes Player’s consent to give H5C a royalty-free, irrevocable, perpetual, non-exclusive license to use such submission or post on a worldwide basis, and to incorporate it into other works, in any form, media or technology not known or later developed, including for promotional or marketing purposes. If requested, Player will sign any documentation that may be required for H5C or its designees to make use of the non-exclusive rights Player is granting to use the submission or post.
  • PATENTS PENDING:
    1. H5C’s novel methodologies, technological improvements, and overall business methods (collectively “Patentable Subject Matter”) are the subjects of pending patent application(s) in the United States and worldwide.
  • COPYRIGHTS:
    1. H5C and the Content contained and referenced therein are subject to copyrights owned by H5C and is for your informational and entertainment purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided herein or in writing by H5C. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to High 5 Entertainment, LLC, PO Box #833, Mahwah, New Jersey, 07430, USA.
  • TRADEMARKS:
    1. All trademarks, service marks, titles, domain names, logos, and company names (collectively ” Trademarks”) referred to on H5C are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of H5C or its affiliates or licensors. In countries where any of the H5C trademarks, service marks, domain names, logos and company names are not registered, H5C claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on H5C may be trademarks of their respective owners.
    2. H5C does not grant to you any rights under any of the Trademarks, and you agree that you may not use any of the Trademarks without permission from the owner of such Other Trademarks. With respect to the Other Trademarks owned by H5C, you may contact H5C by sending a letter to High 5 Entertainment, LLC, 1200 MacArthur Boulevard, Mahwah, New Jersey, 07430, USA to request written permission to use the trademarks for purposes other than stated herein or for all other questions relating to H5C.
  • OTHER INTELLECTUAL PROPERTY RIGHTS:
    1. All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of H5C and the Content, and all intellectual property rights embodied therein, are the property of H5C or its licensors, suppliers or affiliates.
    2. Without limiting the foregoing, with respect to the databases (“Databases”) used to store the Content, you agree and acknowledge that:
      1. the Content, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to H5C, and that no proprietary rights are being transferred to you in such materials or in any of the Content contained therein;
      2. You shall not, directly or indirectly, use any of the Content, Databases and any other information contained therein for any purposes other than your personal, non-commercial use;
      3. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to compete directly or indirectly with H5C;
      4. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom;
      5. You shall not, directly or indirectly, use the Content, Databases and any other information contained therein in violation of any applicable laws or regulations,
      6. Misappropriation or misuse of the Content, Databases and any other information contained therein will cause serious irreparable damage to H5C and that in such event money damages may not constitute sufficient compensation to H5C; consequently; and
      7. In the event of any misappropriation or misuse, H5C shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which H5C may be entitled.
    3. In addition, you acknowledge that the Content, Databases and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
  • NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:
    1. H5C may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who infringe the intellectual property of others. If you believe that your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, please provide H5C’s Copyright Agent a written Notice containing the following information:
      1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
      2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the Service (e.g., web page link);
      4. Your address, telephone number, and email address;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
      7. H5C’s Copyright Agent can be reached in the following ways:
        1. Mail: Copyright Agent/Legal, High 5 Entertainment, LLC, 1200 MacArthur Boulevard, Mahwah, NJ 07430
        2. Email: Legal@high5casino.com.
  • NOTICE OF ENFORCEMENT:
    1. H5C vigorously enforces its intellectual property rights to the fullest extent of the law. Accordingly, H5C may prosecute any unauthorized use or reproduction of any of the Content, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.
  • GAMES:
    1. All Games available to play on both the H5C Classic Platform and the H5C Sweeps Platform possess their own rules and odds of winning. The individual rules and odds for each Game will be available to Players in the pay tables once the Game has been launched. It is the Player’s responsibility to read the rules ahead of playing and familiarize themselves with all terms of play prior to playing each Game.
    2. H5C reserves the right to declare any one play, spin, or other form of participation in a Game void, either partially or in full, if there is an error, mistake, misprint, or technical error on the pay table, win table, minimum or maximum stakes, odds, or software.
    3. In the event of a difference or discrepancy between the result showing on a Player’s screen and the result showing on the H5C software server, the result showing on the H5C software server shall be the governing result.
    4. Live Dealer Games:
      1. H5C offers Players the chance to play various casino games in a live dealer setting using GC and/or SC. These Live Dealer Games involve events via the Services where Players will be Playing against the house with other Players at the same time.. The Live Dealer Games include favorites such as Roulette, Baccarat, Blackjack, Dragon Tiger, Casino Hold’em, Andar Bahar, Limitless Blackjack, and Teen Patti. H5C reserved the right to add or remove Live Dealer Games as it sees fit. Individual Live Dealer Game rules and VC pay-outs will be available to the Players in the individual Live Dealer Game pay tables while playing the individual Live Dealer Game. It is the Player’s responsibility to thoroughly review the rules of each Live Dealer Game.
      2. Please note that H5C cannot control certain actions of those Players, who may be for example undertaking fraudulent activities such as colluding with other third parties or using unfair external factors or influences.
      3. If you suspect a third party is colluding, cheating or undertaking a fraudulent activity, please let H5C know as soon as possible and provide as much information as possible such as Game round ID, screenshots, video or any other identifying information such as action taken by the player, seat position or any other information related to the fraudulent claim.
      4. H5C will take reasonable steps to prevent such unacceptable behavior, however, H5C will not be liable for any loss or damage which you may incur as a result of such third party collusion, fraud, cheating, or otherwise illegal activity. Players may leave a Live Dealer Game table at any time at their own discretion. Should the Player elect to leave the table after playing their hand and after the play time locks, the results of the round will still reflect in the Player’s VC Wallets.
      5. Please note that in the case of Live Dealer games, you may not at any time be able to see or otherwise be provided with the most up-to-date information in relation to the Live Dealer Game, including for example (but without limitation), through delayed coverage, a slow internet connection or equipment, or other system flaws, faults, errors or service interruption. H5C shall not be liable for any delay in relaying up-to-date information related to the Live Dealer Game.
      6. Interactions with Live Dealer: Players will be able to interact and directly communicate with the dealer while playing a Live Dealer Game. It is the Player’s responsibility to act in an appropriate, friendly, and professional manner. Players may not belittle, attack, threaten, harass, insult or otherwise argue with the dealer or other Players. Any Player found to have violated this term or be reported to H5C by the Live Dealer Game operator may be subject to account suspension, termination or a permanent ban from H5C.
  • VIRTUAL CURRENCY:
    1. H5C may permit a Virtual Currency to be used for accessing and playing its Content and/or Games (“Virtual Currency”). Four (4) types of Virtual Currency will be available to Players to play Games with on both the H5C Classic Platform and the H5C Sweeps Platform: (1) High 5 Casino Coins (“HC”), Game Coins (“GC), Sweeps Coins (“SC”) and Diamonds.
    2. HC are used to play games in Standard Social Gameplay on the H5C Classic Platform. HC have no real money value, are not redeemable for any government-issued currency, and are only intended to enhance gameplay for Players playing games in Standard Social Gameplay on the H5C Classic Platform. HC may be obtained for free in various ways such as a daily bonus, a free allotment every 4 hours, a daily wheel spin, by winning spins in Standard Social Gameplay, or other methods H5C may from time to time establish. HC may also be purchased from H5C for valid government-issued currency. By purchasing HC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, HC are not redeemable for any government-issued currency that is, such HC should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by H5C, or as otherwise expressly indicated by H5C.
    3. GC are identical to HC in every way except they are only available to Players to play games in Standard Social Gameplay on the H5C Sweeps Platform. A Player’s HC and GC balances are not transferable between the H5C Classic Platform and H5C Sweeps Platform despite possessing the same function. Like HC, GC’s possess no real money value and may be obtained for free in various ways such as a daily bonus, a free allotment every 4 hours, a daily wheel spin, by winning spins in Standard Social Gameplay, or other methods H5C may from time to time establish. GC may also be purchased from H5C for valid government-issued currency. By purchasing HC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, GC are not redeemable for any government-issued currency that is, such GC should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by H5C, or as otherwise expressly indicated by H5C.
    4. SCs are only available for gameplay on the H5C Sweeps Platform when Players elect to play games in Sweeps Play. SC are not available for purchase like HC and GC are. SC may be obtained in a number of ways such as a daily allowance provided upon login, spinning a daily wheel, as a bonus to purchasing HC and/or GC, or by submitting a Request Card. See the H5C Official Sweepstakes Rules for more information on how to collect, use, and redeem SC. NO PURCHASE IS NECESSARY TO OBTAIN SC.
    5. Diamonds are available on both the H5C Classic Platform and the H5C Sweeps Platform. Diamonds are a secondary currency which allow Players to purchase and activate in-game boosts. Diamonds may be used while the Player is playing with either HC on the H5C Classic Platform or while playing with SC on the H5C Sweeps Platform. Diamonds are not available for use while in Standard Social Gameplay on the H5C Sweeps Platform. Like HC and GC, Diamonds possess no real monetary value and may be obtained for free in various ways such as a by logging in to H5C, via CRM award, upon purchase of HC and/or GC, and other ways which may be determined by H5C from time to time. By purchasing HC, you agree (1) such acquisition is valid and legal in your jurisdiction, and (2) once purchased, Diamonds are not redeemable for any government-issued currency that is, such Diamond should be treated as a “good” purchased as-is, with no returnable or redeemable value except within the entertaining Content provided by H5C, or as otherwise expressly indicated by H5C. The amount of free Diamonds awarded to a Player will increase based on how frequently they engaged H5C. When a Player collects a specific amount of Diamonds, they may use them to purchase and activate Boosts On-Demand such as extra free spins, double payouts, half-priced power bets, and other methods to be determined by H5C from time to time. To view available Boosts On-Demand, a Player may tap or click the Diamond button at the top of the application or web screen. The Player will then be directed to a Boosts On-Demand Page where they will be able to see their Diamond balance, activate Boosts On-Demand, and view which Boosts On-Demand the Player is eligible to claim and “Play Now,” and view the list of Boosts On-Demand the Player may purchase with their Diamonds.
    6. It is the Player’s responsibility to ensure the single spin VC play amount reflects the amount of VC a Player actually intends to play on any one spin. Unless otherwise contemplated in these Terms, H5C will not be responsible for a Player’s negligence in playing a greater amount of VC than they intended. This applies to all Games, including Live Dealer Games where a Player may split their hand or double their play amount, the Player must have the proper VC Balance available in order to do so.
  • PURCHASING HIGH 5 CASINO COINS, GAME COINS, AND DIAMONDS:
    1. The Payment Medium you use to purchase HC, GC and/or Diamonds must be legally and beneficially owned by you and must be in your name. Should H5C learn that the name used to register your User Account is different from the name associated with your Payment Medium, your User Account will be immediately suspended. In the event this happens to you, you must contact Customer Support at the email below to resolve the issue.
    2. H5C reserves the right to request documents and information to verify your identity and the legal and beneficial ownership of the Payment Medium you use to purchase HC, GC and/or Diamonds.
    3. You further agree that H5C, its Payment Administration Agent(s), and payment facilitators may store and keep your payment information (i.e. card number or token) on file to process any future purchases you may make. By accepting and agreeing to these Terms of Use, you authorize H5C, its Payment Administration Agent(s) and payment facilitators to store and keep your payment credentials in compliance with applicable payment processing regulations.
    4. Except as provided by H5C, transfer or sale of Virtual Currency is strictly prohibited between users of H5C for any government-backed currency value or otherwise.
    5. All sales of Virtual Currency are final, unless at H5C’s discretion a refund is deemed necessary for any reason suitable for H5C. Upon termination or suspension of your H5C User Account, all Virtual Currency remaining in your account may be forfeited at H5C’s sole discretion. The purchase of HC, GC and/or Diamonds constitutes the purchase of a limited license that allows you to participate in Standard Social Gameplay and is not the deposit of funds that may be withdrawn from at any point.
    6. All uses of both HC, GC, SC and Diamonds that have been submitted for play and accepted are final and cannot be changed, withdrawn or canceled.
    7. All Virtual Currency purchases shall be executed in USD and it is a Player’s responsibility to ensure and confirm that their nominated bank account can accept and process transactions in USD.
    8. Players will be responsible for all foreign exchange transaction fees, charges, or other related costs they may incur in relation to payments made by H5C, including but not limited to any losses or costs arising from foreign exchange fluctuations.
  • VIRTUAL CURRENCY BALANCES:
    1. Players may only participate in any Game if they possess the sufficient number of HC, GC or SC (depending on mode of play) in their H5C User Account to be eligible to participate. Under no circumstance will H5C extend a Player any credit for the purchase of HC, GC and/or Diamonds.
    2. Once a Player makes a HC, GC and/or Diamond Purchase, the funds will be drawn from the Players elected Payment Medium as soon as practicable and the purchased HC, GC and/or Diamonds and any gifted SC if they are included in the purchased GC package, will be added to the Player’s Virtual Currency Wallets.
    3. Players Virtual Currency balances will be displayed in their Virtual Currency Wallets (“VCW”). Each Player will have two VCW’s on the H5C Classic Platform: (1) H5C Coin Wallet and (2) SC Wallet. Each Player will also have two VCW’s on the H5C Sweeps Platform: (1) GC Wallet and (2) SC Wallet. On the H5C Sweeps Platform, a Player my click on their SC Wallet for a dropdown menu which will display their total SC balance, Redeemable SC balance, and Unplayed SC balance. A Player’s Diamond balance will always be available to the Player at the top of the screen on both the H5C Classic Platform and the H5C Sweeps Platform.
    4. In the event a Player runs out of HC and does not wish to purchase additional HC or wait for the next free allotment or bonus opportunity, a select few games will always be offered in the Free Room on the H5C Classic Platform. A Player playing Games in the Free Room will be given a set number of HC for the initial session. If the Player run out of HC during that session, they need only reload the game to start a new session and the full balance will reset. Games being played in the Free Room do not take Virtual Currency from the Player’s Virtual Currency Wallets.
    5. You agree that H5C has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currencies as they see fit in their sole discretion, in any general or specific case, and that they will have no liability to you based on their exercise of such rights. You agree that you have no right or title in or to any such Virtual Currencies appearing or originating on H5C. **H5C does not recognize any Virtual Currency transfers executed outside of H5C or the purported sale, gift, or trade in the “real world” of anything related to H5C. Accordingly, you may not sell Virtual Currency for “real world” money or otherwise exchange Virtual Currency for value outside of H5C**. Any attempt to do so is in violation of these Terms and will result in a ban from H5C and the services offered thereon.
  • SWEEPS PLAY AND BOOSTS:
    1. Sweeps Play is governed by the H5C Official Sweepstakes Rules and these Terms of Use. All other boosts H5C may from time to time offer are governed by these Terms of Use. In the event of a conflict between these Terms of Use and H5C’s Official Sweepstakes Rules, or boost-specific terms, the H5C Official Sweepstakes Rules, or boost-specific terms, will prevail.
    2. To access the H5C Sweeps Platform, a Player must open the H5C Classic Platform and click on the button next to their SC balance that says “Sweeps.” The Player will then be redirected to the H5C Sweeps Platform.
    3. For more information regarding H5C Sweeps Play, see the H5C Official Sweepstakes Rules.
  • REFER-A-FRIEND PROGRAM:
    1. Participants may refer friends to join H5C and receive H5C Referral Bonus Rewards for each Referee they cause to sign up for a H5C User Account. Redemption of this Promotion is expressly conditioned upon acceptance and compliance with these Promotion Terms and Conditions. Promotion participants may be required to sign paperwork issued by H5C
    2. Promotion Period: The current Promotion Period will begin on June 23, 2023 at 12am EST and will expire on September 22, 2023 at 11:59pm EST (the “Promotion Period”).
    3. Eligibility: This Promotion is open to all existing H5C User Account holders who successfully refer a Referee (defined herein) that satisfies the User Account Verification Process and makes a purchase with H5C, and individuals who are new H5C User Account holders (i.e. who have never had their information affiliated with any prior H5C User Accounts) who have been successfully verified by H5E, and who are invited to sign up for a H5C User Account using a Referral Link by a Referrer (each, a “Referee”). If a Referee is associated with another H5C User Account in H5E’s database, they are not eligible to participate in this Promotion. All Referrers and Referees must be 18 years or older to participate. Employees, officers, directors, their parent companies, and each of their respective affiliates, subsidiaries, advertising and promotion agencies, distributors, and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each are not eligible to participate in the Promotion or receive a Referral Bonus.
    4. Action Required: A Referrer must obtain his/her unique “Referral Link” from his/her H5C User Account and cause any Referee to sign up for a new H5C User Account using such Referral Link and become verified for play on H5C, and meet the Purchase Requirement (described in section 7) within thirty (30) days of signing up (a “Referral”). For each Referral, the Referrer shall receive a bonus of 200GC, 5SC, and 200 diamonds based on the Referee’s first purchase of any amount with H5C (the “Referral Bonus”).
    5. Claiming Promotion Offer: Once the Referee is verified and makes a purchase with H5C, the Referral Bonus will be credited to the Referrer’s H5C User Account within seven (7) days of said verification and purchase. A Participant may receive the Referral Bonus a maximum of twenty-five (25) times per Promotion Period and may receive a bonus for their 25th processed Referral at the sole discretion of H5C.
    6. Registration Procedures: To qualify for the Promotion, eligible individuals must have an active H5C User Account. Creating a H5C User Account is free and can be done at the following link: https://club5.high5casino.com/?originId=2&accountTypeId=1. By submitting your information and creating a H5C User Account, however, Participants will be required to agree to the H5C Terms of Use, Privacy Policy, and, where applicable, Official Sweepstakes Rules. If you do not agree to said Terms and Privacy Policy, you cannot create a H5C User Account or participate in this Promotion. More information on creating a H5C User Account can be found in H5C’s Terms of Use.
    7. Limitations on Participation: In addition to the eligibility requirements in Section 2, H5E reserves the right to refuse or otherwise restrict your eligibility to participate in any Promotion for any reason, in its sole discretion, including based on your spending patterns and spending history with H5C or if you failed to take advantage of any prior Promotions in good faith. Participants are strictly prohibited from referring immediate family members or any individuals who live within their household. Any Participants who violate this section will be deemed ineligible for this Promotion and their H5C User Account may be suspended or terminated in accordance with the H5C Terms of Use. This Promotion is void where prohibited by law.
    8. Purchase Requirements: After being successfully verified by H5E, the Referee must then log-in to his/her H5C User Account, and within thirty (30) days of signing up for his/her H5C USer Account, make a purchase of any amount in the H5C Coin Store (“Purchase Requirement”). Purchases made after the thirty (30) day period will not satisfy the Purchase Requirement and the Referral Bonus will lapse.
    9. Cancellation: Should you wish to cancel your participation in this Promotion at any time, please contact customer support at support@high5casino.com.
    10. Administration: H5E expressly reserves the right to amend, suspend or terminate this Promotion at any time without prior notice or consent. Administration of this Promotion is at the sole discretion of H5E. H5E reserves the right to restrict at any time any H5C User Account holder from participating in this Promotion for any reason. Any questions relating to eligibility, these Terms and Conditions or any other questions concerning this Promotion will be resolved at the sole discretion of H5E and its decision will be final and binding with respect thereto. No groups, clubs, corporations, companies, partnerships, or organizations may participate in this Promotion or reproduce or distribute any portion of these Terms and Conditions to their members.
    11. Release and Waiver of Liability: By redeeming this Promotion, participants agree to release, defend, indemnify and hold harmless H5E, its affiliates, gaming license partners, advertising and promotion agencies, directors, officers, employees, representatives and agents from and against any and all liability claims or actions of any kind whatsoever (however named or described) for injuries, death, damages or losses to persons and property which may be sustained in connection with: (i) your participation in the Promotion; and (ii) the receipt, use or misuse of the Referral Bonus, or while preparing for, participating in, and/or traveling to any Promotion-related activity, including those damages caused by the H5E’s own negligence. H5E expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use or misuse of the Referral Bonus. In consideration of the Referral Bonus, each individual hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of such individual’s name, photograph, likeness (including his/her voice), biographical information and statements concerning the Promotion, in any and all advertising, promotions and other publicity conducted by the H5E and its affiliates.
  • PAYMENT ADMINISTRATION AGENTS:
    1. H5C in its sole discretion may appoint one or more Payment Administration Agent to accept payments, make payments, and facilitate the payment process from or to Players on H5C’s behalf.
    2. Any Payment Administration Agent appointed by H5C will possess the same rights, power and privileges as H5C under these Terms of Use. Such appointed Payment Administration Agent will be entitled to exercise and enforce their rights, powers and privileges as H5C’s agent or in the Payment Administration Agent’s own name.
    3. Under no circumstances will H5C be liable or responsible to any Player for any loss, damage or other liability resulting or arising from the Payment Administration Agent’s negligence and/or acts which exceed the powers and authorities granted to it by H5C.
  • VERIFICATION CHECKS:
    1. You acknowledge and agree that H5C shall be entitled to engage in any identification, credit or other verification checks as reasonably required or as required by applicable laws and regulations or by any regulatory authorities.
    2. All requests for prize redemption will remain pending until all necessary verification checks have been completed to the sole satisfaction of H5C.
    3. H5C may from time to time request certain information from you in order to properly complete a verification check, including but not limited to situations where cumulative or single prize redemption exceeds a cash value of $2,000 USD. This information might include, but is not limited to:
      1. Photo Identification such as a passport or State ID;
      2. Proof of address: and/or
      3. Proof of source of income such as a pay slip or bank statement.
    4. In the event you fail to provide any documentation requested by H5C to help perform a verification check within thirty (30) days of the request, H5C is under no obligation to continue the verification process and may, in its sole discretion, close, restrict or suspend your H5C User Account.
    5. H5C may also use third-party service providers to assist in the identification and other verification checks using the information provided by Players.
  • DISCLAIMERS:
    1. H5C AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. H5G MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. H5C AND THE CONTENT ARE PROVIDED “AS IS” / “AS AVAILABLE” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. H5C DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH H5C.
    2. H5C DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT H5C AND YOUR USE OF H5C WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT H5C OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. H5C DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF H5C AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT H5C) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF H5C AND THE CONTENT IS AT YOUR OWN SOLE RISK
  • LIMITATIONS ON LIABILITY:
    1. H5C WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), CAUSED BY YOUR USE OF H5C AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. H5C WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, H5C AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5C, EVEN IF THERE IS NEGLIGENCE BY H5C OR BY AN AUTHORIZED H5G REPRESENTATIVE, OR AN AUTHORIZED H5C REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. H5C’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO H5C, IF ANY, TO ACCESS H5C.
    2. THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR SUCH DAMAGES. THE ABOVE LIMITATIONS DO NOT RELEASE LIABILITY FOR INTENTIONAL MISCONDUCT, RECKLESSNESS, GROSS NEGLIGENCE, OR FRAUD.
  • INDEMNITY:
    1. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS H5C, H5C’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
      1. YOUR USE OF H5C AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH H5C;
      2. ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH H5C;
      3. ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN;
      4. ANY ACTIVITY RELATED TO YOUR H5C ACCOUNT (INCLUDING INFRINGEMENT OF THIRD PARTIES’ WORLDWIDE INTELLECTUAL PROPERTY RIGHTS OR NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR H5C ACCOUNT;
      5. ANY CIRCUMVENTION OR ATTEMPTED CIRCUMVENTION OR THESE TERMS OR H5C; OR
      6. ANY FRAUD COMMITTED WITH REGARD TO H5C.
    2. H5C reserves the right, at your expense, to assume institute civil or criminal claims against you, report you to the relevant ]authorities, and to assume the exclusive defense and control of any matter for which you are required to indemnify H5C, and you agree to cooperate with H5C’s defense of these claims. H5C will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this section will survive any termination of your User Account or the H5C service.
  • RELEASE FOR FORCE MAJEURE:
    1. You absolve and release H5C and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, pandemics, wars, or governmental restrictions.
  • TERM AND TERMINATION:
    1. H5C reserves the right, at any time and for any reason, without notice to you, (i) to deny you access to H5C and any of the Content; or (ii) to change, remove or discontinue any of the Content or services available on or through H5C.
    2. You may terminate this agreement at any time by providing prior notice to H5C and by destroying: (a) all of the Content obtained from H5C, including, without limitation, permanently deleting all of the Content from any computer and/or media; and (b) all related documentation and all copies and installations, if any. In addition, upon H5C’s request, you agree to certify in writing that all of the Content has been destroyed. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions contained herein which by their nature are intended to survive will survive the termination or expiration of any license provided to you by H5C.
  • NOTICES:
    1. Any legal notice, other document or communication required or permitted hereunder to H5C will be deemed to have been duly given only if in writing and delivered by certified U.S. mail, return receipt requested, postage prepaid, to H5C C/O High 5 Entertainment, LLC, 1200 MacArthur Boulevard, Mahwah, New Jersey, 07430, USA.
    2. Notices to H5C shall be deemed delivered when actually received by H5C or its authorized representatives.
    3. Any notice or other document or communication required or permitted hereunder to you will be sent to the e-mail address that you provide to H5C when you register. Such notice will be deemed received by you the next business day after the email is sent. It is your responsibility to maintain an accurate, up-to-date e-mail address.
    4. Should you elect to send or receive e-mail communications of any kind to or from H5C, you represent and warrant to H5C that your e-mail service has appropriate and adequate security systems necessary to prevent unauthorized access to outbound or inbound e-mail transmissions.
    5. Any notices users provide to H5C that do not comply with this section shall have no legal effect.
  • COMPLIANCE WITH LAWS/CHOICE OF LAW:
    1. Except as otherwise described, H5C is controlled and operated from within the United States of America and makes no representation that the Content are appropriate or available for use in other locations. If you use H5C from other locations, you are responsible for compliance with applicable local laws including, without limitation, all export laws. Some of the Content may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or reexported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, Russia or Yugoslavia; (b) to anyone in the US Treasury Department’s Specially Designated national list, or (c) to anyone on the US Commerce Department’s Table of Denial Orders. If you download or use the Content you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.
    2. Access, browsing and use of H5C, the Content and the terms and conditions of the User Agreement are governed by U.S. federal law and/or the laws of the State of New Jersey, excluding any conflict of laws provisions that would refer to and apply the substantive laws of another jurisdiction.
    3. Subject to the Dispute Resolution by Binding Arbitration Agreement Provision Below, these Terms of Use and the rights of the parties hereunder shall be governed and construed with the laws of the State of New Jersey, exclusive of conflict or choice of law rules. For the avoidance of doubt, New Jersey choice of law only governs the interpretation and enforcement of the Terms of Use. It does not displace any statutory claims or remedies that may exist under any state law.
  • DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT:
    1. PLEASE READ THIS PROVISION CAREFULLY, BECAUSE IT REQUIRES YOU AND H5C TO ARBITRATE ALL PAST, PRESENT, AND FUTURE DISPUTES WITH H5C AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW. THE OPTION TO OPT-OUT IS TIME-LIMITED AS YOU MUST OPT-OUT WITHIN 30 DAYS AND DESERVES YOUR IMMEDIATE ATTENTION. ARBITRATION PRECLUDES YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
    2. THESE PROVISIONS GENERALLY PRECLUDE YOU FROM BRINGING ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST H5C. THEY ALSO PRECLUDE YOU FROM PARTICIPATING IN OR RECOVERING RELIEF UNDER ANY PAST, PENDING, OR FUTURE CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION AGAINST H5G BY SOMEONE ELSE.
    3. Scope of Arbitration Provision: Unless you opt out, you and H5C agree that any claim, controversy or dispute between you and H5C (the "parties") arising out of or relating to your access to or use of any H5C Service or to the Content will be resolved exclusively through final and binding arbitration, rather than in court or before a jury, regardless of whether such claim, controversy or dispute arose prior to, on, or subsequent to the date of your acceptance of these Terms of Use. This agreement to arbitrate (“Arbitration Agreement”) is intended to be broadly interpreted and, except as provided in the preceding sentence, includes any dispute, claim, or controversy between you and H5C arising out of or relating to any aspect of your relationship with H5C or any conduct or failure to act on the part of H5C (including claims based on breach of contract, tort (for example, a negligence claim), violation of law or any claims based on any other theory) or any aspect of your access to or use of the Content.
    4. For Players Located in Washington: By accepting this arbitration provision, you give up any right to participate in or obtain any relief in the following pending action: Wilson v. PTT, LLC, Case No. 3:18-cv-05275-RBL in the United States District Court for the Western District of Washington. The lawsuit seeks to recover money allegedly lost while playing H5C games and/or using H5C content. H5C denies the claims and believes they have no merit. THE COURT HAS ALLOWED THE LAWSUIT TO PROCEED AS A CLASS-ACTION, BUT HAS NOT DECIDED WHO IS RIGHT. THE CLASS-REPRESENTATIVE AND INDIVIDUALLY NAMED PLAINTIFF IN THIS LAWSUIT IS REPRESENTED BY ATTORNEYS AT THE LAW FIRM OF EDELSON PC, WHO MAY BE CONTACTED AT (312) 589-6370. IF YOU ACCEPT THE TERMS OF USE AND DO NOT OPT OUT OF THE DISPUTE RESOLUTION BY BINDING ARBITRATION PROVISION, YOU CANNOT PARTICIPATE IN THIS LAWSUIT. SEE WILSON V. PTT, LLC CASE NO. 3:18-CV-05275-RBL, FILED IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON FOR ADDITIONAL DETAILS. THIS PROVISION DOES NOT APPLY TO ANY INDIVIDUAL NAMED A PLAINTIFF IN THIS ACTION AS OF SEPTEMBER 8, 2022.
    5. Limitation on Period in which Claims May be Brought: YOU AND H5C AGREE THAT ANY CLAIMS, REGARDLESS OF FORM, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF ANY H5C SERVICE OR TO THE CONTENT SHALL BE MADE BY FILING FOR ARBITRATION WITHIN ONE (1) YEAR FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S), EXCEPT FOR ANY CLAIM(S) UNDER RCW § 19.86.010, ET SEQ., WHICH SHALL BE MADE BY FILING FOR ARBITRATION WITHIN THREE (3) YEARS FOLLOWING THE OCCURRENCE FIRST GIVING RISE TO THE CLAIM(S). If the provision in the previous sentence is held to be unenforceable, then any claim(s) against H5C must be made by filing for arbitration within the limitations period designated by the state or federal law underlying the claim(s). If any claim is not brought within the applicable period discussed above, it is permanently barred, and the parties cannot bring that claim in any manner or in any forum.
    6. Costs of Arbitration: If the value of your claim does not exceed $10,000, H5C will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration in the event such fees exceed $200, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, H5C will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. You will still be responsible for paying your own attorneys’ fees.
    7. Arbitration Procedure: The provisions of this Section shall constitute your and H5C’s written agreement to arbitrate Disputes under the Arbitration Laws of the State of New Jersey. You and H5C agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes in effect at the time arbitration is sought. Those rules are available at www.adr.org or by calling the American Arbitration Association at 1-800-778-7879. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding any provision of the AAA Rules, any dispute over the formation, enforceability, validity or severability of any provision of this Section (“DISPUTE RESOLUTION BY BINDING ARBITRATION AGREEMENT”) shall be resolved by a court and not be a subject of the arbitration.
    8. The arbitrator shall have no authority to amend or modify the terms of this Arbitration Agreement or to award punitive or exemplary damages, except as expressly authorized by law. The arbitration award may be enforced by judgment in any court of competent jurisdiction. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party’s right to compel arbitration.
    9. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
    10. Prior to initiating arbitration, you must first send a written notice by certified mail to H5C at: High 5 Entertainment, LLC, 1200 MacArthur Boulevard, Mahwah, New Jersey 07430. The arbitration notice must include the following at a minimum: (a) personal and/or account information sufficient enough to identify your H5C account, (b) a detailed description of your claim or dispute with H5C, and (c) the specific damages or other remedy or remedies that you are seeking. If your claim or dispute is not resolved with H5C within thirty days of H5C’s receipt of your arbitration notice that conforms with these requirements, then you may commence arbitration according to the requirements in these Terms.
    11. Procedure to Opt Out of Arbitration Provision: WHETHER TO AGREE TO ARBITRATION IS AN IMPORTANT DECISION. IT IS YOUR DECISION TO MAKE AND YOU SHOULD NOT RELY SOLELY ON THE INFORMATION PROVIDED IN THESE TERMS OF USE, AS IT IS NOT INTENDED TO CONTAIN A COMPLETE EXPLANATION OF THE CONSEQUENCES OF ARBITRATION. YOU SHOULD TAKE REASONABLE STEPS TO CONDUCT FURTHER RESEARCH AND TO CONSULT WITH OTHERS (AT YOUR COST) REGARDING THE CONSEQUENCES OF YOUR DECISION.
    12. If you do not agree to be subject to this arbitration agreement, you must opt out of this arbitration agreement within 30 days of entering this agreement, in the following specified manner: Send written electronic Notice via email to Legal@high5casino.com or written notice via U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.) to Attn: Legal Department, High 5 Entertainment, LLC, 1200 MacArthur Boulevard, New Jersey 07430. You must send such Notice within thirty (30) days of your acceptance of these Terms of Use. You must include in it your name, address, and a clear statement that you do not wish to resolve disputes with H5C through arbitration. If you do not follow this procedure by your thirty (30) day deadline to do so, then you and H5C shall both be bound by the terms of this section entitled Dispute Resolution by Binding Arbitration Agreement.
    13. Confidentiality: You and H5C shall maintain the confidential nature of the arbitration proceedings and the arbitration award, including the arbitration hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
    14. If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
  • WAIVER:
    1. No delay or omission by H5C to exercise any right occurring upon any noncompliance on your part with respect to any of the terms and conditions contained herein will impair any such right or power or be construed to be a waiver thereof. Any waiver by H5C of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
  • SEVERABILITY:
    1. If any of the terms and conditions contained herein are adjudged invalid or unenforceable by a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
  • INDEPENDENT CONTRACTOR:
    1. H5C is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and H5C.
  • TAXES:
    1. You are solely responsible for any taxes which apply to your use of H5C.
  • CONTINUED USE DEEMED ACCEPTANCE:
    1. H5C reserves the right, at its sole discretion, to change, alter, amend, add to, or otherwise modify these Terms of Use, Sweepstakes Rules, Privacy Policy, Responsible Social Play Policy, and Legal Notices from time to time Any amendments will be published on the H5C Platform and such changes will be binding and effective immediately. After any such modification becomes effective, H5C will deem your continued use of H5C or any of the Content to constitute your acceptance of and agreement to such modification. You agree it is your duty to read these Terms of Use and Legal Notices prior to using, accessing or browsing the H5C website. Whenever we amend these Terms and Conditions in a way that would limit your current rights or which may be to your detriment, we will notify you upon your next visit to the Platform and you will be required to re-confirm your acceptance prior to playing any Games. If you do not agree to the amended Terms of Use, or other legal doc referenced above, you must stop using the Platform.
  • CONTACT US:
    1. H5C may be reached at:
      High 5 Entertainment, LLC
      1200 MacArthur Boulevard
      Mahwah, NJ 07430
    2. And/Or Customer Support at:
      Support@high5casino.com
  • CALIFORNIA NOTICE:
    1. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.
  • ENTIRE AGREEMENT:
    1. This constitutes the entire agreement between you and H5C with respect to your use of H5C and the Content, and supersedes any and all prior understandings or agreements between you and H5C, whether written or oral. You acknowledge that, in providing you access to and use of H5C and the Content, H5C has relied on your acceptance of this agreement.