Terms and Conditions

Last Updated: 15.04.2025

IMPORTANT: THESE TERMS INCLUDE A WAIVER OF YOUR RIGHT TO PURSUE CLASS, GROUP, OR REPRESENTATIVE CLAIMS, REQUIRING INDIVIDUAL ARBITRATION FOR PAST, PENDING, AND FUTURE DISPUTES, UNLESS YOU OPT OUT WITHIN THE SPECIFIED TIMEFRAME. SEE CLAUSE 20 FOR DETAILS.

Thank you for reviewing these Terms and Conditions of Use (the “Terms and Conditions,” “Terms,” or “Agreement”). The Roost Ltd. (the “Company,” “We,” “Us,” or “Our”) provides its online social gaming platform known as Cluck.us, (“Website” or “Platform”) and any other services (collectively the “Games”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement. This Agreement spells out what Users can expect from The Roost Ltd. and what The Roost Ltd. expects from its Users. The The Roost Ltd. Privacy Policy explains how The Roost Ltd. collects and protects information about Users who use our Website and App. These Terms and Conditions constitute a legally binding agreement between You and Us, governing your use of our Games, Platform, and Website across any electronic device (web, mobile, tablet, or other).

By checking the acceptance box during registration or accessing our Games or Platform, You confirm that You have read, understood, and agreed to these Terms and Conditions, which are inseparably linked to our Privacy Policy, Responsible Social Gaming Policy, and any game- or promotion-specific terms relevant to your participation. If You do not agree to any part of these Terms, You may not install or use the Platform or play any Games.

We may update these Terms periodically at our discretion. By continuing to access our Platform, your Registered Account, and/or our Games you are deemed to have read and to be bound by any such updates. If you do not wish to be bound by these Terms, any updated Terms or any other linked policy, rules or terms, you may not continue to access the Platform or any of the Games. We will note the most recent date of these Terms at the top of this page.

PLEASE NOTE: OUR WEBSITE, PLATFORM, AND GAMES DO NOT OFFER REAL-MONEY GAMBLING. NO PURCHASE OR PAYMENT IS NECESSARY IN ORDER TO PARTICIPATE IN THE ROOST’S SWEEPSTAKES. PARTICIPANTS’ CHANCES OF WINNING WILL NOT BE INCREASED OR IMPROVED IN ANY WAY BY MAKING A PURCHASE OR PAYMENT OF ANY TYPE OR VALUE. Subject to these Terms, players in permitted jurisdictions may access and play the Games and make purchases.

The online social game known as ‘Cluck.us’ is owned and operated by The Roost Ltd. All payments are processed by The Roost Ltd. or any Payment Administration agent it appoints. The sweepstakes promotions and Prizes offered by Cluck.us are operated by The Roost Ltd.

1. DEFINITIONS

Collective Action: Any claim filed as part of a class, group, collective, coordinated, consolidated, mass, or representative proceeding, whether in arbitration or court.
Cluck Bucks: means sweepstakes entries subject to the Sweeps Rules. We may give you Cluck Bucks free of charge when you sign up to a Platform, as a bonus when you purchase Gold Coins or via each of our free alternative methods of entry as set out in the Sweeps Rules. You may win more Cluck Bucks when you Participate in the Cluck Buck Games. YOU CANNOT PURCHASE CLUCK BUCKS.
Cluck Bucks Coin Games: means participation in our sweepstakes promotions by playing any games on the Platform with Cluck Bucks.
Content: Includes text, graphics, user interfaces, visual elements, trademarks, sounds, music, artwork, computer code, and other materials displayed or available on the Platform.
Customer Account: An account held by a Registered Customer.
Excluded Territories: means the states of Connecticut, Idaho, Michigan, Nevada, New York and Washington in the United States, as well as any outlying U.S. territories or possessions, and any other jurisdiction outside of the United States.
Fraudulent Conduct: Any behavior described in Clause 7.
Game(s): Any Coins Game(s) available on the Platform. We reserve the right to add or remove Games at our discretion.
Gold Coin(s): means the virtual social gameplay token which enables you to play the Gold Coin Games. Gold Coins have no monetary value and cannot under any circumstance be redeemed for prizes.
Gold Coin Game(s): means participating in any game on the Platform played with Gold Coin. We may give you Gold Coin free of charge when you sign up with the Platform and thereafter at regular intervals when you log in to the Platform. You may win more Gold Coin when you play in Gold Coin Games and you may purchase more Gold Coin on the Platform. YOU CAN NEVER WIN PRIZES OF MONETARY VALUE WHEN YOU PARTICIPATE IN GOLD COIN GAMES.
Inactive Account: A Customer Account that has not logged in or out for over 60 days.
Participate: Playing any Games or using our Platform in any capacity, as outlined in Clause 2.
Payment Administration Agent: Any related entity, affiliate, or third party authorized by us, including The Roost Ltd.
Platform: Any website or mobile application operated or licensed by The Roost Ltd., branded under the “Cluck” family, including https://cluck.us/ and its subdomains, subpages, and successor sites.
Player (You, Your): Any individual who participates, whether or not they are a Registered Customer.
Registered Customer: A Player with a registered Customer Account, active or inactive.
Service: The availability and provision of Games and the Website enabling participation.
Terms and Conditions (T&Cs): This document, subject to updates.
Third-Party Websites: Any external website not controlled by Us.
The Roost Ltd.: A limited liability company incorporated in Cyprus, with its registered address at: 1 Nikis, Anthoupoli, Nicosia, Nicosia District, 2350, Cyprus.
Website: https://cluck.us and any affiliated or successor sites.

2. YOUR PARTICIPATION

2.1 Restrictions

By agreeing to these Terms, You warrant that:

You are at least 18 years old (or the legal age of majority in your jurisdiction) and legally permitted to participate.
Your participation is strictly for personal recreation and entertainment.
You are participating on your own behalf and not for any third party.
All information provided during registration is true, complete, and current, and You will update Us immediately if any details change.
Any funds used to purchase Gold Coins are legally obtained and not linked to illegal activities.
You will not engage in fraudulent, collusive, or otherwise unlawful activities, including using automated software or hardware to participate in Games and you will not use any software-assisted methods or techniques (including but not limited to bots designed to play automatically) or hardware devices for your participation in any of the Games. We reserve the right to invalidate any participation in the event of such behavior;
Payments for Gold Coins must be made using a valid and lawfully owned payment method.
You will not access the Games or Website while located in one of the Excluded Territories.
You will not sell or trade for value, or seek to sell or trade for value, or accept as a sale or trade for value, any Merchandise, Gold Coins, or Cluck Bucks provided to you via Cluck.us.

It is Your responsibility to ensure that participation complies with local laws. Attempts to bypass jurisdictional restrictions, including the use of VPNs or false information, violate these Terms and may constitute fraud, subject to legal consequences.

GOLD COIN PURCHASES MADE FROM WITHIN THE STATES OF CONNECTICUT, IDAHO, MICHIGAN, NEVADA , NEW YORK, AND WASHINGTON IN THE UNITED STATES OF AMERICA WILL BE VOIDED AND REFUNDED, MINUS AN ADMINISTRATIVE FEE OF UP TO 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.

2.3 Eligible Players

Employees of The Roost Ltd., any of its respective affiliates, subsidiaries, parent or holding companies, advertising agencies, or any other company or individual involved with the design, production, execution or distribution of the Games and their immediate family (spouse, parents, siblings and children, whether the relationship is by birth, marriage or adoption) and household members (people who share the same residence at least 6 months of the year) are not eligible to Participate.

2.4 Acceptance

By agreeing to these Terms, You acknowledge that participation is at your own discretion and risk. The Roost Ltd., its subsidiaries, partners, and personnel are not liable for any losses incurred by You. You will have no claims whatsoever against The Roost Ltd., or any of its partners, or respective directors, officers or employees in relation to any losses You incur.

3. LICENSE

Subject to your agreement and continuing compliance with these Terms and Conditions, The Roost Ltd. grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Platform, including Gold Coin, through a supported Web browser or mobile device, solely for your personal, private entertainment and no other reason.
You do not acquire ownership, title, interest, or other proprietary rights to the Platform or its Content. Violation of these Terms may result in immediate termination of your access.
You acknowledge and agree that your license to use the Platform is limited by these Terms and Conditions and if you do not agree to, or act in contravention of, these Terms and Conditions, your license to use the Platform (including the Games and Content) may be immediately terminated.

d) If the Platform or any Game is deemed illegal under the laws of the jurisdiction in which your reside, You are not granted a license and must refrain from accessing the Platvorm or playing the Games.

4. YOUR CUSTOMER ACCOUNT

4.1 Single Account

a) You are allowed to have only one Customer Account, including any Inactive Accounts, on the Platform. Attempting to open multiple Customer Accounts may result in cancellation or suspension.

b) You must notify us immediately if you become aware of having more than one registered Customer Account, whether active or inactive. DO NOT CREATE A NEW CUSTOMER ACCOUNT IF YOU WISH TO CHANGE YOUR EMAIL, ADDRESS, OR NAME.

c)We are required by law to store your full name, date of birth, and residential address. We reserve the right to collect this information, and to require documentatation supporting such information, pursuant to our obligations under applicable regulatory laws.

4.2 Accuracy

(a)You must keep your registration details up to date. Any changes to your address, email, phone number, or other contact details require contacting Customer Support at [email protected]. The name provided during registration must match the name on your government-issued identification.

b) Any attempt to mislead or provide false residential address information will result in account closure.

4.3 Security and Responsibility of Your Customer Account

a) As part of the registration process, you will have to choose a password to login into the Platform, unless you login to your Customer Account using the Facebook® login facility in which case your Facebook® password will apply.

b) You consent to Age Checker collecting your data upon sign-up in accordance with its privacy policy.

c) You must not share your account or password with others, let anyone else access your Customer Account or do any other thing that may jeopardize the security of your Customer Account. It is your sole and exclusive responsibility to ensure that your Customer Account login details and any Payment Mediums are kept secure and are only accessible by you. You accept full responsibility for any unauthorized use of your Customer Account and any activity linked to your Customer Account, including by a minor (which in all events is prohibited). If you suspect any security compromise, including unauthorized disclosure of your login details, you must notify us immediately.

d) You are solely responsible for maintaining the confidentiality of your password and you will be held responsible for all uses of and activity through your Customer Account, including any purchases made under the Customer Account, whether those purchases were authorized by you or not.

e) You are solely responsible for anything that happens through your Customer Account, whether or not you undertook those actions. You acknowledge that your Customer Account may be terminated if someone else uses it and engages in any activity that breaches these Terms and Conditions or is otherwise illegal.

f) We are not responsible for any abuse or misuse of your Customer Account by third parties due to your disclosure of your login details to any third party, whether such disclosure is intentional or accidental, active or passive.

4.4 Account Transfers

You may never transfer Gold Coin or Cluck Bucks between Customer Accounts, or from your Customer Account to other players, or to receive Gold Coin or Cluck Bucks from other Customer Accounts into your Customer Account, or to transfer, sell or acquire Customer Accounts. Any attempt to circumvent these prohibitions is grounds for immediate closure of your Customer Account, without prejudice to any other rights or remedies available to us.

4.5 Inactive Customer Accounts

a)We reserve the right to deactivate accounts deemed inactive.

b) If no transactions occur for 60 consecutive days, we may zero your Gold Coin and/or Cluck Buck balance without offering a refund for purchases made on the Platform.

4.6 Closing of Customer Accounts

a) You may close your Customer Account at any time by submitting a request via the "Contact Us" link on the Platform. Closing an account forfeits all Cluck Bucks Coins.

b) If closing your account due to responsible gaming concerns, you must indicate this in your request. Furthe details are provided in our Responsible Social Gaming Policy.

c) Account reopening requests will be reviewed by Customer Support and Compliance teams in accordance with customer protection guidelines.

4.7 Discretion to Refuse or Close Accounts

We reserve the right to place limits on, suspend, close, or refuse to open a Customer Account in our sole discretion. If we close your Customer Account pursuant to clause 17 of these Terms and Conditions, the consequences set out in clause 17 shall apply. If we close your Customer Account for other reasons, we will make reasonable efforts to enable you to redeem any Prizes in your Customer Account, but any license to continued use, enjoyment or benefit of or from the Gold Coin and Cluck Bucks will be terminated.

4.8 Game Rules

Each game on the Platform has specific rules available on the Platform.
It is your responsibility to read the rules of a Game before playing. You must familiarize yourself with the applicable terms of play and read the relevant rules before playing any Game .

4.9 Virtual Currency Purchases (Cluck Bucks Coins)

a) The Payment Medium used to purchase Gold Coins must match the name on your Customer Account. If it comes to our attention that the name you registered on your Customer Account and the name linked to your Payment Medium differ, your Customer Account will be immediately suspended. Should your Customer Account be suspended, we recommend that you contact Customer Support via this form for details regarding our verification process.

b) All foreign exchange transaction fees, charges or related costs that may be incurred as a result of, or in relation to, your purchase of Gold Coin, are to be borne solely by you, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.

c) We reserve the right to request documents and information to verify the legal and beneficial ownership of the Payment Medium you use to make Gold Coin purchases.

d) You agree that we and our Payment Administration Agents and payments facilitators may store your payment information (e.g., card number or token) to process your future purchases.

e)By accepting these Terms and Conditions, you authorize The Roost Ltd. and our Payment Administration Agents and payments facilitators to store your payment credentials in compliance with applicable payment processing regulations.

f) We may charge a processing fee for purchases, which will be displayed during checkout.

g) The purchase process begins when you click the "Pay" button.

5.0 Gold Coin and Cluck Buck Balance

a) You can only participate in games if you have sufficient Gold Coins or Cluck Bucks (as applicable) in your Customer Account. We will not extend you any credit whatsoever for the purchase of Gold Coins.

b) Minimum and maximum purchase limits may apply as specified on the Platform.

c) Once a Gold Coin purchase has been made, the funds will be drawn from your Payment Medium as soon as practicable.

d) Once purchased, Gold Coins cannot be refunded or withdrawn.

e) GOLD COINS DO NOT HAVE ANY REAL MONEY VALUE AND PURCHASES OF GOLD COINS WILL NOT BE REFUNDED FOR ANY REASON.

f) Gold Coins or Cluck Bucks that have been submitted for play and accepted cannot be changed, withdrawn or cancelled and the Gold Coin or Cluck Bucks (whichever applicable) will be drawn from your Gold Coin or Cluck Bucks balance instantly.

g) If you are found to have one or more of your purchases returned or reversed or charged back, your Customer Account will be suspended. If this occurs, the amount of such purchases will constitute a debt owed by you to us and you must immediately remit payment for such purchases through an alternative payment method. Until payment is received by us or our Payment Administration Agent, any purchases and winnings will be deemed void and requests to redeem Cluck Bucks for Prizes will not be allowed.

In Accordance with the Sweeps Rules:

Unless we require otherwise, any Cluck Buck allocated to you is only required to be played once before it is eligible to be redeemed as a Prize; and

ii) We may, in our sole discretion, require that any Cluck Bucks allocated to you be played a greater number of times (not exceeding 10) in any combination of Cluck Buck Games before it is able to be redeemed as a Prize.

5.1 Void Games

We reserve the right to declare Participation in a Game void, partially or in full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical error, fraud, or other action invalidating play.

5.2 Final Decision

In case of discrepancies between a user's displayed result and our server records, the server records will be the official and governing result.

6. FINANCIAL TERMS OF USE

6.1. Verification Checks

You agree that we are entitled to conduct any identification, credit, and other verification checks that we may reasonably require or that are mandated by applicable laws. We reserve the right to report any behavior that, in our opinion, is deemed suspicious, to applicable regulatory authorities.
We are committed to providing a secure gaming environment and reserve the right to perform enhanced due diligence on high-risk players, including Politically Exposed Persons and any registered Customer. Additional verification procedures may be conducted at any time, which may include requests for certified copies of identification documents (e.g., passport) and proof of address (e.g., utility bill). We reserve the right to report any behavior that, in our opinion, is deemed suspicious, to applicable regulatory authorities.
You may be required to provide information regarding your source of funds, financial standing, occupation, and other relevant details. Failure to provide the requested information may result in account restrictions, including limits on purchases. We are not obligated to inform you of such investigations, and third-party agencies may be used to conduct them.
We reserve the right to monitor your transaction activity. If we believe you are engaging in suspicious behavior, we reserve the right prevent you from engaging in any further transactions (including deposits and withdrawals) until additional verification procedures and due diligence are conducted to our satisfaction. If you refuse to provide the information that is requested pursuant to these procedures, or, if you intentionally provide factually inaccurate information, we reserve the right to permanently close your Customer Account, and, if appropriate, report you to applicable regulatory authorities.
Where any identification, credit or other verification check we require cannot be completed to our satisfaction because you have not provided the documents within 7 days of the date the document was first requested, we reserve the right to deactivate your Customer Account. You will not be able to purchase Gold Coin until this verification check has been successfully completed. Furthermore, if the documents fail the Company’s internal security checks or are suspected of having been tampered with, the Company is not obligated to accept them as valid and provide feedback on the findings.
You consent to Sumsub collecting and processing your data during document verification in accordance with its privacy policy.

6.2 Credit Checks

a) The Roost Ltd. reserves the right to perform external verification checks on account holders through third-party agencies based on the information provided during registration.

6.3 Expiry and Forfeiture

a) Cluck Bucks and Gold Coins are valid for sixty (60) days from the date they are credited to your Customer Account and will automatically expire thereafter. If your Customer Account is deactivated for any reason, your Gold Coins and/or Cluck Bucks may be forfeited at our discretion.

6.4 Updating Payment Details

a) Only you may update or add payment details while logged into your Customer Account. We cannot modify payment details on your behalf.

6.5 Mistaken Credits

a) If we mistakenly credit your Customer Account from time to time with Gold Coin, Cluck Bucks, or prizes that do not belong to you, whether due to a technical error, human error or otherwise, the amount credited will remain the property of The Roost Ltd. and will be deducted from your Customer Account at the earliest opportunity.

7. REDEMPTION OF PRIZES

7.1 Prize Redemption Methods

Subject to these Terms and Conditions:

a) When you choose to redeem Prizes for gift cards, the gift cards will be allocated to the email address that you have registered against your Customer Account, or if this is not technically possible, then to an alternative email address you nominate, provided that email address is also your address and not that of a third party; and

b) When you choose to redeem Prizes for cash, the cash payment will be made to the Payment Medium from which you purchased Gold Coins, or if this is not technically possible, then to an alternative financial account you nominate, provided that account is legally and beneficially owned by you. We reserve the right to require the use of the same payment method for redemption of Prizes as was used to purchase Gold Coin, or a specific payment method at our own discretion.

7.2 Limits and Fees

a) We reserve the right to charge fees for processing the redemption of Prizes to you and to set a minimum redemption threshold of 100 Cluck Bucks for Prize redemptions.

b) In New York and Florida, the maximum redemption value for a Prize won on any one spin or play is USD $5,000 and any Prize with a value in excess of USD $5,000 will be reduced to a maximum value of USD $5,000.

c) We reserve the right, in our sole discretion, to limit the value of your Prize redemptions to either

$10,00 per day; or
Any other amount over any time that we consider necessary to satisfy our regulatory obligations or the requirements of our partners and suppliers.

7.3 Your Responsibility for Prize Redemptions and Accuracy of Details

a) When you choose to redeem Prizes for gift cards, it is your sole responsibility to ensure that the email address and all relevant details you provide are accurate. If the details you have provided are not accurate, and we have processed the redemption using the details you have provided, the redemption of that Prize is complete, and we are not required to reissue the gift cards.

b) Subject to clause 9.7 we will not make payments into an account or online wallet which does not match your verified name or the name you provided when registering your Customer Account, or that is not legally and beneficially owned by you.

c) Prizes redeemed for cash: Will be paid into a joint account or joint wallet provided that one of the names on the joint account or joint wallet matches the name you provided when registering your Customer Account or your verified name and all verification checks we require in relation to you and the other account holder are completed to our satisfaction. For the avoidance of doubt, if either joint account holder does not satisfy our verification requirements, as determined solely at our discretion, we will not make payments into the nominated joint account.

d) Will NOT be paid into:

i. A joint account or joint wallet where one of the joint owners is a minor; or

ii. Custodial accounts; or

iii. Any account held on trust for, or for the benefit of, a third party (including a minor).

e) Where you are required to provide the details of your financial institution, bank account or online wallet, you agree that you are solely responsible for the accuracy of those details. You further agree that, where you have chosen to redeem a Prize for cash and the details you have provided are not accurate, and we have processed the payment using the details you have provided, the redemption of that Prize is complete and we cannot and are not required to reverse or reissue the payment.

f) You acknowledge and agree that, if your financial institution will not accept payments from The Roost Ltd. or where your bank account or online wallet does not meet the requirements in these Terms and Conditions:

You will be required to nominate an alternative bank account for the payment;
There will be delays in the processing of the payment to you; and
If you are unable to nominate an alternative bank account which meets the requirements set out in these Terms and Conditions within 60 days of a request from us to do so, The Roost Ltd., is not obliged to make the relevant payments to you and may in its discretion deem the Prizes to be void.
All taxes associated with the receipt of any Prize are the sole responsibility of the winner.

7.4 Currency

a) All Gold Coin purchases and direct bank transfer payments are executed in USD. It is a Player’s responsibility to ensure that their nominated bank account can accept transactions in USD.

b) All foreign exchange transaction fees, charges or related costs that you may incur as a result of, or in relation to, payments made by the The Roost Ltd. to you are to be borne solely by you, including but not limited to any losses or additional costs arising from foreign exchange fluctuations.

7.5 Timing and Frequency for Prize Redemptions

a) We process requests to redeem Prizes in the order in which they are received. Our goal is to process your request as soon as practicable.

b) We will only process one Prize redemption request per Customer Account in any 24-hour period.

c) Where you choose to redeem Prizes for cash you acknowledge and agree that it may take up to 10 business days to process the relevant payment into your nominated bank account.

d) There may be delays in payments due to our identity verification process and certain Payment Mediums will require additional verification at the time of redemption.

e) Payments of over $10,000 may require a longer processing time than usual due to bank clearance and security and fraud checks and may also be paid in more than one lump sum. This may add up to 7 days to the normal processing time but is dependent on the circumstances of each individual case.

f) Without limiting clause 9.2, you can request to redeem a Prize of any value; however, we reserve the right to:

g) Reject a Prize redemption request on the basis that it exceeds the limits referred to in clause 9.3 or 9.4; or

h) Allocate or pay Prizes in smaller increments over a number of days until all of the Prize has been allocated or paid.

7.6 Payment Administration Agent.

a) You acknowledge and agree that we may, in our sole discretion, from time to time, appoint one or more Payment Administration Agents to accept or make payments (including merchant facilities) from or to Players on our behalf.

b) A Payment Administration Agent will have the same rights, powers and privileges that we have under these Terms and Conditions and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name.

c) In no event will we be liable to any Player for any loss, damage or liability resulting from the Payment Administration Agent's negligence or acts beyond the authority given by The Roost Ltd.

7.7 Refused Prizes

If you choose to redeem Prizes for cash but refuse to accept payments made to your nominated bank account by The Roost Ltd., you must refuse the amount in its entirety. Where you refuse to accept payment to your nominated bank account more than twice in any 3-month period, The Roost Ltd. reserves the right to suspend your Customer Account to undertake investigations to ensure that the Platform is not being used as a vehicle for fraudulent activity.

7.8 Affidavit of Eligibility

a) In order to receive a Prize, Users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release, and, where lawful, a publicity release (collectively, the “Affidavit”) within seven (7) days of notification.

b) By participating in the Sweepstakes offered by The Roost Ltd. You agree to receive via e-mail or U.S. Mail and return an executed Affidavit, as applicable, and You agree that if such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited at Our discretion.

8. RESPONSIBLE SOCIAL GAMING

1. Policy

The Roost Ltd. actively supports responsible gaming and provides features to help players manage their Customer Accounts responsibly.
Please refer to our Responsible Social Gaming Policy for comprehensive details.
While we strive to enforce responsible gaming measures, The Roost Ltd. is not liable if you circumvent these measures or if external factors prevent their enforcement.

8.2 Take a Break (Time-Out) and Self-Exclusion

You may request a time-out or self-exclusion from our Games at any time. Purchase limits on Cluck Bucks Coins are also available. Please consult our Responsible Social Gaming Policy for further options.

8.3 Player Protection Policy

Our Responsible Social Gaming page provides information on mechanisms for safe gaming, including spending limits and third-party software (e.g., NetNanny, Gamblock, Cyberpatrol) to help control play.

9. FRAUDULENT CONDUCT

You may not, directly or indirectly:

Hack, modify, or reverse-engineer any part of the Games or Platform.
Attempt to modify, reverse engineer, or reverse-assemle any part of the Games or Platform.
Introduce viruses, Trojans, worms, spyware, malware, or other harmful code.
Circumvent security features or gain unauthorized access to private information.
Circumvent the structure, presentation or navigational function of any Game so as to obtain information that is not publicly available on the Platform.
Engage in cheating, collusion, or illegal money transfers, including money laundering.
Participate in or facilitate fraudulent activities, including sharing exclusive offers or false identification documents.
Use a Virtual Private Network (VPN) or proxy or any other software or device designed to change or hide the real location from which you are connecting to our website and services.
Use the Platform for illegal, fraudulent, or prohibited transactions.
Participate in or take advantage of, or encourage others to participate in or take advantage of schemes, organizations, agreements, or groups designed to share (1) special offers or packages emailed to a specific set of players and redeemable by URL; or (2) identification documents (including, but not limited to, photographs, bills and lease documents) for the purpose of misleading The Roost Ltd., as to a Player’s identity.

You must not use the Platform for any unlawful or fraudulent activity or prohibited transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you. We monitor all transactions in order to prevent money laundering.

If we suspect fraudulent activity, your account may be suspended or deactivated immediately. The Roost Ltd. is under no obligation to refund purchases under such circumstances. We may also report suspected fraudulent activity to relevant authorities, financial institutions, and online service providers. You will cooperate fully with any The Roost Ltd. investigation into such activity.

If you suspect another player of engaging in fraudulent activity, please report it via the Customer Complaints procedure.

10. INTELLECTUAL PROPERTY

All software, graphics, and user interface elements of the Platform are owned by or licensed to The Roost Ltd. and are protected under copyright laws. You acknowledge that The Roost Ltd. is the proprietor or authorized licensee of all intellectual property in relation to any Content.
You do not acquire intellectual property rights by using the Games or Platform.
You grant us and represent and warrant that you have the right to grant us, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, any information, images, videos, comments, messages, music or profiles you publish or upload to any website or social media page controlled and operated by The Roost Ltd.
You may not modify, reproduce, or distribute copyrighted materials from the Platform, including by removing any copyright or trademark notice.
Trademarks and logos displayed in the Games and Platform are the property of their respective owners and are protected by law.

11. THIRD-PARTY WEBSITES AND LINKS

11.1 Third-Party Websites

The Roost Ltd. is not responsible for third-party websites, their content, or accuracy.The Roost Ltd. Makes no guarantee as to the content, functionality, or accuracy of any Third Party Website.
You further acknowledge that some Third Party Websites may be fraudulent in nature, offering Gold Coins or Cluck Bucks which the operators of those websites are not authorized to provide, in an effort to induce you to reveal personal information (including passwords, account information and credit card details).Be cautious of fraudulent third-party websites attempting to obtain personal information. The Roost Ltd. is not responsible for any actions taken on such sites.
WE DO NOT AUTHORIZE ANY THIRD PARTY TO OFFER GOLD COINS OR CLUCK BUCKS. Any such offer should be deemed fraudulent and disregarded.
Third-party websites are subject to their own terms and conditions.

11.2. Links

Links to third-party websites do not imply an endorsement by The Roost Ltd.or a relationship between the Roost Ltd. and the Third-Party.
Social media comments on platforms like Facebook®, Instagram®, and Twitter® are subject to their respective policies. You agree not to post false, misleading, or defamatory content about The Roost Ltd.
The Roost Ltd. is not responsible for content posted by users on social media platforms.

12. DISRUPTIONS AND CHANGES

12.1 No Warranties

The Platform is provided on an "as is" basis. To the fullest extent permitted by law, we make no warranty or representation, whether express or implied, regarding the satisfactory quality, fitness for purpose, completeness, or accuracy of the Platform (including the Games and Content).

12.2 Malfunctions

The Roost Ltd. is not liable for any downtime, server disruptions, lagging, or any technical or political disturbances affecting gameplay. We are also not responsible for any attempts to participate in ways not intended by us.

The Roost Ltd. accepts no liability for any damages or losses arising from:

Delays or interruptions in operation or transmission
Loss or corruption of data
Communication or line failures
Misuse of the Platform or its content
Errors or omissions in content

In the event of a Platform system malfunction, all gameplay on the affected Platform is void. If a game starts but fails to conclude due to a system failure, The Roost Ltd. will use commercially reasonable methods to reinstate the amount of Cluck Bucks and/or Gold Coins (as applicable) played in the game by crediting them to your Customer Account. We reserve the right to alter player balances and account details to correct such mistakes.

The Roost Ltd. reserves the right to remove any part of the Games from the Platform at any time. Any game displaying incorrect behavior due to misconfiguration or a bug may be canceled and removed from the Platform. In such cases, player balances and account details may be adjusted to correct any mistakes.

12.3 Changes

The Roost Ltd. may suspend, modify, remove, or add Content to the Platform at its sole discretion with immediate effect and without notice. We are not liable for any loss suffered due to changes, modifications, suspensions, or discontinuation of the Platform.

12.4 Service Suspension

We may temporarily suspend all or part of the Platform for any reason at our sole discretion. We may, but are not obliged to, notify you of such suspensions. The Platform will be restored as soon as practicable.

12.5 Changes to Jurisdiction Regulation

The Company monitors legal changes taking place across the world. In the event of any proposed legal change in any region, we reserve the right to immediately suspend all access to the Website for any user playing from where the proposed changes are occurring. In the event of such a change, all Cluck Bucks, Prizes, and Gold Coins shall be void with no financial compensation offered.

12.6 Territorial Availability

The Platform, or any feature thereof (including any and all Games, promotions, challenges and Content), may not be available in all territories and jurisdictions and the Company makes no representation that the Platform is or shall remain available for use in any particular territories and jurisdictions. You acknowledge and agree that The Roost Ltd. may (at its sole discretion) change, restrict or prohibit the availability of all or a portion of the Platform in certain territories and jurisdictions at any time, and you will have no claims against The Roost Ltd. in such regard.

13. VIRUSES

Although we take reasonable measures to ensure the Platform is free from computer viruses, we cannot guarantee this. It is your responsibility to protect your systems and have the ability to reinstall data or programs lost due to a virus.

14. PRIVACY POLICY

The Roost Ltd. is committed to protecting your privacy and complying with applicable data protection laws. Our Privacy Policy is linked to these Terms and Conditions, and its acceptance is a prerequisite for account registration.

If you have consented to receive marketing communications via email, post, SMS, or telephone, you may unsubscribe at any time by contacting Customer Support at [email protected] or adjusting your contact preferences online.

If you close your account, including through self-exclusion or permanent closure, it may take up to 24 business hours for removal from marketing lists.

15. USE OF LIVE CHAT SERVICES

We may provide a Live Chat service to communicate with Customer Support or other Players, including via Facebook Messenger. You must use these services only for their intended purposes and not for illegal activities.

15.1 Prohibited Conduct:

Spamming
Intimidating, harassing, or abusing other players or The Roost Ltd. employees
Using offensive, threatening, defamatory, racist, or sexually explicit language
Infringing on others' privacy rights
Submitting fraudulent or unlawful materials
Promoting, distributing, or publishing solicitations, advertisements, or malicious code

We reserve the right to:

Monitor all Live Chat activity
Ban users from Live Chat or suspend/deactivate their Customer Account for violations
Remove Live Chat services if abused

We are not liable for any damage arising from Live Chat use. Players should report suspicious behavior to Customer Support at [email protected].

16. COMPLAINTS AND CUSTOMER SUPPORT

If you have a complaint regarding the Platform, contact Customer Support via email at [email protected].

To protect your privacy, all email communications should be sent using the registered email associated with your Customer Account. Failure to do so may result in delayed responses.

Required Information for Complaints:

Username
First and last name (as registered on your Customer Account)
Detailed explanation of the complaint/claim
Specific dates and times related to the complaint (if applicable)

Failure to provide this information may delay our response. Customer Support will investigate complaints immediately and endeavor to respond within 5 calendar days. In some cases, responses may take up to 10 days, with a notification of delay sent within 3 days of receiving the complaint.

17. DEACTIVATION / SUSPENSION OF ACCOUNT

The Roost Ltd. reserves the right to deactivate or suspend your Customer Account for any reason at any time without prior notice.

We reserve the right, at our sole discretion, to deactivate or suspend your Customer Account if we have reason to believe that you have engaged or are likely to engage in any of the following activities:

Breaching, or assisting another party to breach, any provision of these Terms and Conditions, or if we reasonably suspect such breach.
Holding more than one Customer Account, including any Inactive Account, on any Platform.
The name registered on your Customer Account does not match the name on the financial/bank account or credit/debit card(s) used for purchases.
Engaging in harassment, offensive behavior, or using threatening, abusive, defamatory, racist, sexually explicit, obscene, or otherwise offensive language in communication with us.
Your Customer Account is deemed an Inactive Account.
Declaring bankruptcy.
Providing incorrect or misleading information during registration.
Failing identity verification.
Attempting to use your Customer Account through a VPN, proxy, or similar service to conceal your real location, or by providing false or misleading residency information.
Being under 18 years of age.
Residing in a jurisdiction where participation is illegal.
Allowing someone else to use your Customer Account.
Playing in a coordinated manner with other Players as part of a club, group, or using the same selections.
Initiating chargebacks, claims, disputes, or return notifications via a payment method used on your account.
Failing our due diligence procedures, colluding, cheating, money laundering, or engaging in fraudulent activity.
Using automated systems such as bots to gain an unfair advantage.
If we determine we are under a legal obligation to suspend your account or to protect The Roost Ltd., other players, or third parties.
If your Customer Account is deactivated or suspended under clause 14.2, you will be liable for any claims, losses, liabilities, damages, costs, and expenses incurred by The Roost Ltd. You agree to indemnify and hold The Roost Ltd. harmless from such claims.
If we suspect you have engaged in any activities mentioned in clause 14.2, we reserve the right to withhold all or part of your balance and/or recover any Cluck Bucks Coins related to such activities. Your details may also be shared with regulatory authorities or other relevant third parties.
If your Customer Account is deactivated due to the closure of the Platform or a similar event, any temporary licenses granted to you will be terminated, and no refunds for Cluck Bucks Coins purchases will be issued.
The rights set out in clause 14 do not limit any other rights we may have against you under these Terms and Conditions or otherwise.

18. INDEMNITY AND LIMITATION OF LIABILITY

18.1 Indemnity

You agree to indemnify and hold harmless The Roost Ltd., its directors, officers, employees, shareholders, agents, affiliates, and parent companies from any and all costs, expenses, liabilities, and damages (whether direct, indirect, special, consequential, exemplary or punitive or other, including attorney’s fees arising from any participation by you, including without limitation:

Your access or use of the Platform.
Re-use of any content obtained from the Platform or any other source.
Facilitating or making a payment into your Customer Account.
Playing the games through any available delivery mechanism.
Acceptance and use of any prize.

18.2 Limitation of Liability

To the maximum extent permitted by applicable law, under no circumstances whatever will we or our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort or otherwise, for any indirect, incidental, consequential, special, exemplary, or punitive damages, including any lost profits and lost business opportunities, business interruption, lost revenue, income, goodwill, use of data or other intangible losses, in each case that result from or relate in any manner to your participation or any other act or omission by us.

To the fullest extent permitted by applicable law, under no circumstances will we, our affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors or suppliers, be liable to you for more than the amount you have paid us in the thirty (30) days immediately preceding the date on which you first assert any such claim. You acknowledge and agree that if you have not paid us any amounts in the thirty (30) days immediately preceding the date on which you first assert any such claim, your sole and exclusive remedy for any dispute with us is to stop using the platform and to close your Customer Account.

You recognize and agree that the warranty disclaimers in clauses [##] and [##] and the indemnities and limitations of liability in this clause 15, are material and bargained-for bases of these terms and that they have been taken into account and reflected in the decision by you to enter into these terms and conditions. Depending on where you reside and use the Platform, some of the limitations contained in this clause 15 may not be permissible. In such a case, they will not apply to you, solely to the extent so prohibited.

18.3 Negligence and Willful Misconduct

Nothing in these Terms and Conditions excludes The Roost Ltd.’s liability for gross negligence or willful misconduct.

18.4 Survival of Obligations

Clause 18 survives the termination of these Terms and Conditions.

19.THE ROOST LTD. IS NOT A FINANCIAL INSTITUTION

You will not receive interest on Cluck Bucks Coins, and The Roost Ltd. is not a financial institution.

The Roost Ltd. does not provide tax or legal advice, nor should any statement in this Agreement or on the Platform be construed as tax advice. Players are responsible for their own tax liabilities and should consult professional advisors.

20.DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE

1. PLEASE READ THIS CLAUSE 20 CAREFULLY AS IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM The Roost Ltd. THIS CLAUSE 20 WILL BE CONSTRUED UNDER AND BE SUBJECT TO THE FEDERAL ARBITRATION ACT, NOTWITHSTANDING ANY OTHER CHOICE OF LAW SET OUT IN THESE TERMS AND CONDITIONS.

Overview of Dispute Resoltuion Process

2. In the event a dispute arises between us, we are committed to addressing your concerns and participating in a fair dispute resolution process. To this end, these Terms provide for a two-part process to address any disputes that may arise between you and the Company: (1) a mandatory informal dispute resolution process with our Customer Support Team, as outlined in these Terms; and (2) a binding arbitration in accordance with the terms of this Arbitration Agreement. You and the Company each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration, provided that the dispute is within the scope of the court’s jurisdiction and provided that such action remains in such court and advances only on an individual (non-class, non-representative basis).

3. Arbitration procedures are generally more efficient, but also simpler and less formal than a lawsuit in court. Arbitration uses a neutral and impartial arbitrator instead of a judge or jury. The arbitrator’s decisions are as enforceable as any court order and are subject to very limited review by a court. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. The arbitrator’s decision will be final and binding. Other rights you or we would have in court may also not be available in arbitration.

20.1 Complaint Resolution

a) We aim to resolve concerns without legal action. Before filing a claim, you must attempt to resolve your complaint through our internal complaints process in clause 16. If your Dispute is not resolved within thirty (30) days of your first email to customer service (in accordance with the terms set out in clause 20.1, you may initiate Dispute resolution as set out in this clause 20.

b) The Roost Ltd. will take reasonable steps to contact you to resolve any claim informally before pursuing formal action.

20.2 Arbitration

We Both agree to Binding Arbitration. By agreeing to these Terms and Conditions, you and The Roost Ltd. each agree that any and all past, present and future disputes, claims or causes of action between you and The Roost Ltd. which arise out of, or are related to, these Terms and Conditions, the formation of these Terms and Conditions, the validity or scope of these Terms and Conditions, including this clause 20, your Participation or other access to or use of the Platform, or any other dispute concerning the breach, enforcement, construction, validity, interpretation, enforceability, or arbitrability of these Terms and Conditions or this Agreement between You and The Roost Ltd., and whether arising prior to or after your agreement to this clause 20 (Dispute Resolution and Agreement to Arbitrate) (collectively, "Disputes"), shall be resolved exclusively and finally by binding arbitration governed by the procedure set out below. For the avoidance of doubt, we agree and delegate to the arbitrator the exclusive authority to determine his or her own jurisdiction over the Dispute, including any objections to the scope, validity, enforceability, or severability of this Agreement or its provisions, as well as the arbitrability of any claims or counterclaims presented as part of the Dispute.

Opt-out of Agreement to Arbitrate: YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION PROVISIONS SET FORTH ABOVE WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT. You may opt out by emailing [email protected] with the subject line "ARBITRATION OPT-OUT" within 30 days of accepting these Terms and Conditions. Your email must include your full name and a statement declining arbitration. Opting out will not prevent you from using the Platform, but neither you nor The Roost Ltd. will be bound by the arbitration clause.

NOTICE OF DECISION TO OPT OUT OF THIS ARBITRATION AGREEMENT SENT AFTER THE THIRTY-DAY PERIOD SHALL NOT BE EFFECTIVE AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.

20.3 Arbitration Procedures and Fees

You and The Roost Ltd. agree that:

(a) This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this Arbitration Agreement. JAMS will administer the arbitration under itsor successor rules, which are in effect at the time arbitration is sought (the JAMS Rules). The JAMS Rules are hereby incorporated into this Agreement and Terms and Conditions. Those rules are available at www.jamsadr.com. You may also access the Rules by calling 1-800-352-5267. PLEASE REVIEW THESE RULES CAREFULLY AS THEY GOVERN THE PROCEDURES AND COSTS ASSOCIATED WITH THE ARBITRATION OF DISPUTES BETWEEN YOU AND THE COMPANY.

(b) Arbitration will proceed on an individual basis.

(d) The JAMS Rules will govern payment of all arbitration fees.

(e) JAMS shall retain discretion as to the interpretation and application of the JAMS Rules.

(f) Except as otherwise may be required by the JAMS Rules, the arbitration will be held (1) in Wilmington, Delaware, USA; (2) in any other location mutually agreed upon by the parties; or (3) at your election, conducted via telephone or other remote electronic means.

(g) All parties participating in the arbitration process have the right, at their own expense, to be represented by a spokesperson of their own choosing.

(h) The arbitrator’s decision shall be final and binding. Any award of the arbitrator may be entered as a judgment in any Court having jurisdiction.

20.4 Arbitration to Proceed Individually

10. You and The Roost Ltd. agree that the arbitration of a Dispute will proceed on an individual basis and neither You nor The Roost Ltd. may bring a claim as a Collective Action.

11. Without limiting the generality of clause ##, and as an example only, a claim to resolve a Dispute against The Roost Ltd. will be deemed a Collective Arbitration if two or more similar claims for arbitration are filed concurrently by or on behalf of one or more person.

12. For the purposes of clause 20.4, the term 'concurrently' means that both arbitrations are pending (filed but not resolved) at the same time.

Waiver of Class Action and Collective Arbitration

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT (i.e., IN THE EVENT YOU HAVE OPTED OUT OF ARBITRATION), NEITHER YOU NOR THE ROOST LTD., WILL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES WITH OR INVOLVING OTHER INDIVIDUALS OR ENTITIES, OR PARTICIPATE IN ANY COLLECTIVE ARBITRATION (AS DEFINED ABOVE) OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ALL SUCH RIGHTS ARE EXPRESSLY AND UNCONDITIONALLY WAIVED.

Notwithstanding anything to the contrary in these Terms and Conditions, in the event all or any portion of clause 17 is found to be invalid or less than fully enforceable, then the entirety of this clause 17 may be deemed void and as having no effect upon either your or our election.

20.5 Mass Arbitration

To increase the efficiency of administration and resolution of arbitrations, you and we agree that in the event that there are one hundred (100) or more individual arbitrations of a substantially similar nature filed against us by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Rules”) shall apply. This procedure is referred to as “Mass Arbitration.” The JAMS Mass Rules governing Mass Arbitration are available on at the following link: Mass Arbitration Procedures and Guidelines. PLEASE READ THESE RULES CAREFULLY AS THEY OUTLINE THE PROCESS AND COSTS ASSOCIATED WITH BATCH ARBITRATION.

All parties agree that arbitrations are of a "substantially similar nature" if they arise out of or relate to the same event, act, omission, practice or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Mass Arbitration process, the disagreeing party shall advise JAMS, and JAMS shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Process Administrator”). To expedite resolution of any such dispute by the Process Administrator, the parties agree that the Process Administrator may set forth such procedures as are necessary to resolve any dispute promptly.

You and we agree to cooperate in good faith with JAMS to implement the Mass Arbitration process including the payment of single filing and administrative fees for batches of arbitrations, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

THIS MASS ARBITRATION PROVISION SHALL IN NO WAY BE INTERPRETED AS AUTHORIZING A CLASS/COLLECTIVE ARBITRATION OR ACTION OF ANY KIND, OR ARBITRATION INVOLVING JOINT OR CONSOLIDATED CLAIMS UNDER ANY CIRCUMSTANCES, EXCEPT AS EXPRESSLY SET FORTH IN THIS PROVISION.

20.6 Confidentiality

Except as may be required by law, neither party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without prior written consent of both parties.

21. PROMOTIONS

All promotions are subject to these Terms and Conditions and any additional terms published at the time of the promotion.
In the event of conflict between these Terms and Conditions and promotion-specific terms, the latter will prevail.
We reserve the right to modify or withdraw promotions without prior notice.
If, in the reasonable opinion of The Roost Ltd., we form the view that a Registered Customer is abusing any promotion, to derive any advantage or gain for themselves or other Registered Customers, including by way of Fraudulent Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or prize as we see fit.
Sharing promotional details on external platforms to exploit offers is strictly prohibited and may result in account penalties.
You confirm that you grant The Roost Ltd. an irrevocable, perpetual, worldwide, non-exclusive, royalty-free license to use in whatever way we see fit, and without further acknowledgement of you as the author, any Content you post or publish as part of a promotion, contest or competition.

22. GENERAL PROVISIONS

22.1. Entire Agreement

This document constitutes the complete and binding agreement between you and The Roost Ltd. regarding the use of the Platform. By continuing to use the Platform, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.

22.2. Amendments

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 reconfirm your acceptance prior to playing any Games. If you do not agree to the amended Terms and Conditions, you must stop using the Platform immediately.

3. Taxes

You are solely responsible for any taxes which apply to any Prizes that you collect from your Participation

22.4. Force Majeure

Roost Ltd. will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside of our reasonable control.

22.5. No Agency

Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and us.

22.6. Severability

If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be amended in a manner consistent with the applicable law to reflect, as closely as possible, The Roost Ltd.’s original intent.

22.7. Assignment

The Roost Ltd. may assign its rights and obligations under this Agreement and/or the The Roost Ltd. Privacy Policy, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, The Roost Ltd. may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement or the The Roost Ltd. Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.

22.8. Business Transfers

In the event of a change of control, merger, acquisition, or sale of assets of The Roost Ltd., your Customer Account and associated data may be part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide You with notice via email or via Our Platform explaining your options with regard to the transfer of your Customer Account.

22.9. Language

These Terms and Conditions may be published in several languages for information purposes and ease of access by players but will all reflect the same principles. It is only the English version that is the legal basis of the relationship between You and Us and in case of any discrepancy between a non-English version and the English version of these Terms and Conditions, the English version will prevail.

22.10. Applicable Law and Jurisdiction

These Terms and Conditions will be governed, and interpreted in accordance with, the Laws of Delaware, without regard for its choice or conflict of law principles.

You acknowledge that, unless stated otherwise, the Games are operated from Cyprus and your Participation takes place within the aforementioned territory. Any contractual relationship between You and Us will be deemed to have been entered into and performed by the parties in Cyprus.

The parties agree that any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, or the breach, termination or invalidity thereof, that is not expressly subject to arbitration, will be submitted exclusively to the courts in Delaware, and You and We consent to the venue and personal jurisdiction of those courts. Notwithstanding the foregoing, any motion to compel arbitration or to enforce an arbitral award issued hereunder may be brought before any court of competent jurisdiction.

22.11. Governmental Compliance

The Roost Ltd.’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Parana Plays LLC’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the Company’s platform or information provided to or gathered by the Company with respect to such use.

THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Please visit this page regularly for updates to these Terms and Conditions