Terms of Service

Welcome to HomeGymFood, a social gaming platform (the "Service"). The Service is owned, operated and processed by Baba Entertainment Ltd. & Baba Global Inc. ("Baba Entertainment", "we", "us" and "our"). It is available through our website www.babacasino.com (the "Website"), various social networks websites and our designated mobile and Smart TV application (the "App").

Please read the following Terms of Use (the "Terms") carefully. These Terms form a binding agreement between you and Baba Entertainment and govern your use of its Services, all information, games, accounts, multimedia, comments, and other information and/or other content (collectively, "Content"). By installing, signing up to, accessing, using or sending Content on the Service, you agree to these Terms. If you do not agree to these Terms, you may not access or use the Service.

Use of the Service may be subject to additional terms and conditions that govern the use of Apple devices, application marketplaces or other services that interact with the Service. You alone are responsible for complying with such additional terms and conditions.

For the avoidance of doubt, while some of the Services' 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 Website or App and the Services are intended for entertainment purposes only. No purchase is necessary to enter and play games.

Furthermore, these Terms expressly incorporate and are inseparably linked to our Privacy Policy, Baba Entertainment's Official Sweepstakes Rules, Legal Notices, and Responsible Social Gameplay Policy

HomeGymFood is only available to participants in the United States (excluding the states of Idaho, Michigan, Nevada, Washington, Arkansas, Georgia, Iowa, Kentucky, Nebraska, Hawaii, Mississippi, New York, North Dakota, Ohio, Tennessee, Vermont, Connecticut, Montana, Delaware, West Virginia, Maryland and New Jersey).

ACCESS TO THE SERVICE

Use of the Service is intended and permitted for people 21 years of age or older. By using, accessing or registering with the Service you hereby declare that you are 21 years of age or older. IF YOU ARE UNDER THE AGE OF 21 YOU MAY NOT USE OR ACCESS THE SERVICE IN ANY WAY.

We reserve the right to terminate an account, including if we find that your age is less than the minimum age. We may request additional information to confirm your age at any time. Any participant found to be under the minimum age will have their account terminated and their Games' records will be void.

PLEASE NOTE THAT IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE AND VERIFY THAT YOU ARE LEGALLY PERMITTED UNDER THE LAWS OF YOUR RESIDENCE TO USE THE SERVICE.

BY USING OUR SERVICES, YOU DECLARE THAT YOU AGREE TO ABIDE BY ALL APPLICABLE LOCAL AND INTERNATIONAL LAWS, REGULATIONS AND RULES, INCLUDING ANY AND ALL LAWS, RULES AND REGULATION PERTAINING TO GAMBLING, TABLE GAMES AND LOTTERIES.

ABOUT US

The Games

HomeGymFood is a social gaming platform, which offers players like you ("Players") to play social games such as poker, roulette and slot machines with other Players within the Service (collectively, the "Games"). HomeGymFood also offers you live chat platform within the Games that allows you to communicate with other Players ("Chat").

Virtual Coins

Games may include virtual in-game currency including coins, cash or credits ("Virtual coins").

NO PURCHASE IS NECESSARY TO ENTER OR WIN A GAME. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VIRTUAL COINS CAN BE USED ONLY WITHIN THE SERVICE AND MAY NEVER BE REDEEMED FOR MONEY, GOODS OR OTHER ITEMS WITH MONETARY VALUE.

Invitation

You can invite friends and contacts to join the Service through email, Whatsapp and social networks websites, if permitted by these services. You assume full responsibility for such invitations.

Chats

As a Player you can communicate with other Players using the Chat platform available through our Service. You can chat with Players participating in a certain Gaming Table, either privately or in a group chat. Likewise, other Players participating in a certain Gaming Table may communicate with you.

The Chat available through the Service is operated and controlled by Facebook, all information and functionalities associated with a Chat, including its members, permissions, properties, settings and Content, originate from Players or Facebook, but not us. We do not control nor assume any responsibility for the Chat system, its availability and the Content communicated through it.

Please note that your use of the Chat platform, including the messages you send and its content, is governed by Facebook's terms of use and Privacy Policy, not these Terms.

REGISTRATION TERMS/ACCOUNTS

Account Creation

The Service is available only to registered users. Use of the Service requires registration of an account through the Service. You agree never to use another user's account without permission.

Information you provide

When you register to the Service, we will ask you to provide us with the following details: name, address, email, phone number, or other contact information ("Registration Information"). You must provide accurate and complete information. The name you provide when registered for an account must match that on your government-issued ID. Once registered, you may access the Service using your account username and password. Make sure that you change your password periodically. You must maintain the confidentiality of your account login details.

False information

If we believe that the Registration Information you provide is false, deceptive or offensive, or if we believe that you violated these Terms, we reserve the right to suspend or terminate your user account or your access to the Service.

Additional Information

We reserve the right to request additional information to verify your identity or age, during the registration process, throughout your use of the Service or when you submit support tickets related to your Service account.

Unauthorized Uses

You are solely responsible for the activity that occurs on your account, and you must keep your password secure. You must notify us immediately of any breach of security or unauthorized use of your account. Although Baba Entertainment is not liable for any of your losses caused by any unauthorized use of your account, you shall be liable for those losses of Baba Entertainment or others due to such unauthorized use. You are allowed to register one (1) account, including any inactive accounts you may have, on the Service. Should you attempt to open more than one (1) account, all open accounts in your name may be suspended or closed. You must notify us if you believe you have more than one account, whether they are all active or not.

User IDs and Passwords

Access to certain areas of the Service or the Content are limited by a user identifier ("User ID") and password, which is selected and/or supplied as part of the registration process for an account with HomeGymFood. By registering, you represent, warrant and covenant that:

• You are of lawful age in your jurisdiction to access Content, but in no case under 21 years of age;
• You are using your actual identity;
• You have provided only true, accurate, current, and complete information about yourself during the registration process; and
• You will maintain and promptly update the information that you provide to keep it true, accurate, current and complete.

By logging onto the Service 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 the Service that occur through your 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.

In addition, you agree that you are entirely responsible for any and all activities which occur under your 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 account should you fail to sufficiently disconnect and/or log off the Service and/or a public computer system. Accordingly, you absolve and release Baba Entertainment from any claim of harm resulting from a third party undertaking the activities.

We reserve the right to deny or revoke access to the Service, 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 us immediately.

Inactive Accounts

We reserve the right to close, deactivate, or terminate your account if we deem, at our sole discretion, the account to be an Inactive Account. An account is considered to be an Inactive Account, if no transaction is recorded to an account for a period of twelve (12) consecutive months, we will remit the balance of the redeemed value of prizes in your account to you or as otherwise may be required under applicable law.

YOUR PRIVACY

We respect your privacy. Our Privacy Policy, which is combines into these Terms, explains our privacy practices. We encourage you to read it carefully.

FEE-BASED SERVICES

Fee based Services

Use of the Service is free of charge. Except for Virtual Coins that you may purchase within the Service, subject to fees at the rates and schemes determined and posted next to them on the Service ("Fee-Based Services"). Fee-Based Services can only be paid for through PayPal, Facebook or one of the other payment methods we establish from time to time. We reserve the right to modify our Services.

Payment Administration Agents

Baba Entertainment in its sole discretion may appoint on or more payment administration agents to accept payments, make payments, and facilitate the payment process from or to players on Baba Entertainment's behalf ("Payment Administration Agents"). Any Payment Administration Agent appointed by us will possess the same rights, power and privileges as Baba Entertainment under these Terms. Such an appointed Payment Administration Agent will be entitled to exercise and enforce their rights, powers and privileges as our agent or in the Payment Administration Agent's own name. Under no circumstances will we be liable or responsible to any player for any loss, damage or other liability resulting from or arising from the Payment Administration Agent's negligence and/or acts which exceed the powers and authorities granted to it by us.

Refund or Cancellation

Unless otherwise mandated by law, all your payment obligations are non-cancelable, and all amounts paid in connection therewith are non-refundable by Baba Entertainment. You are solely responsible for paying all applicable fees for the Products that you purchased, whether or not you actually attend, enjoyed or otherwise benefited from them.

Failing to Pay

Failing to settle your payments for Fee-Based Services will prevent you from continuing to use the Service, without regard to any other remedies available to us under applicable law.

VERIFICATION CHECKS

You acknowledge and agree that Baba Entertainment 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. All requests for prize redemption will remain pending until all necessary verification checks have been completed to the sole satisfaction of us. From time-to-time, we may request certain information from you in order to properly complete a verification check, including but not limited to situations where cumulative or single prize redemptions exceed a certain threshold. In the event you fail to provide any documentation requested by us to help perform a verification check within thirty (30) days of the request, we are under no obligation to continue the verification process and may, in our sole discretion, close, restrict, or suspend your account. Baba Entertainment may also use third-party service providers to assist in the identification and other verification checks using the information provided by you.

RESPONSIBLE SOCIAL GAMEPLAY

We actively support responsible social gameplay and encourage you and any players to make use of a variety of responsible social gameplay features.

You may, at any time, request to take a break, self-exclude or permanently close your account. You may also set a limit on your purchases, the amount of play or the time you spend logged into your account.

We are committed to providing excellent customer service. As part of that pledge, we are committed to supporting responsible social gameplay. We refer you to our Responsible Social Gameplay Policy for full details.

Although we will use all reasonable efforts to enforce its responsible social gameplay policies, we do not accept any responsibility or liability if you nevertheless continue gameplay and/or seek to use the Services or App with the intention of deliberately avoiding the relevant measures in place and/or we are unable to enforce its measures/policies for reasons outside of our reasonable control.

MARKETING COMMUNICATIONS

We may send you marketing communications about our goods and services by email, post, SMS and push notification. If you would like to update your marketing communication preferences at any time, please contact us at support@babacasino.com

COMMERCIAL CONTENT

Ads

We may incorporate advertisements or commercial information in the Service. We do not control the ads and cannot guarantee that they are reliable or accurate. Including them in the Service does not mean that we recommend or endorse the goods or services that they offer. If you choose to purchase them, you do it on your own accord and we bear no responsibility for your decision or its consequences.

PRICING & OFFERS

From time to time, our Company may offer special promotions and offers, including loyalty offers and bonuses, which can vary based on a number of factors, including player to player, time of year (such as holiday offerings), and other limited time marketing promotions. Each offer will specify the details, including start and end date, and any conditions or restrictions.

Pricing for Gold Coins' Packages on the Coin Store and Special Offers subject to change. Please check the website for your current offers.

FEATURES PARTICIPATION

Certain features on our website such as Daily Missions, will have different requirements, designed to enhance a player's overall experience. Please review all requirements of each feature when you engage with the features.

Participation in promotions and features such as our VIP Program and Daily Missions is entirely voluntary and it is the player's choice to participate in these features.

CONTENT

In addition to the general restrictions on the use of the Service below, the follow restrictions and conditions apply specifically to your Content on the Service.

• 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 Baba Entertainment for any commercial purposes.
• You agree not to circumvent, disable or otherwise interfere with security-related features of Baba Entertainment or HomeGymFood or features that prevent or restrict use or copying of any Content or enforce limitations on use of Baba Entertainment or the Content therein.
• You understand that when using the Service, you may be exposed to content from a variety of sources, and that Baba Entertainment is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such third-party content.
• 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 us with respect thereto, and agree to indemnify and hold Baba Entertainment, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters arising from your use of the site.

Links

The Service may include links to other online resources that third parties provide. We do not operate or monitor these online resources or their content. We assume no responsibility or liability for such third-party content or their availability and we bear no responsibility for your decision to open such links and the consequences of doing so.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party websites. In addition, we will not and cannot censor or edit the content of any third-party website. By using the Service, you expressly relieve Baba Entertainment from any and all liability arising from your use of any third-party website.

All Third-Party Websites are bound by their own Terms of Service outlined by that Party.

USE OF THE SERVICE

We hereby grant you permission to access and use the Service as set forth herein. You are solely responsible for the content you make available through the service and for the consequences associated with doing so.

Prohibited use

When using the Service, you must refrain from:

• Using the Service if you are under 21 years of age or under the legal age of majority in your jurisdiction;
• Using or attempting to use the Service from an excluded jurisdiction;
• Breaching these Terms or any other applicable rules and instructions that we may convey with respect to the Service;
• Engaging in any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law, including laws governing privacy, defamation, spam and copyright;
• Interfering with, burdening or disrupting the functionality of the Service;
• Breaching the security of the Service or publicly identifying any security vulnerabilities in it;
• Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
• Sending automated or machine generated queries;
• Using robots, crawlers and similar applications to collect and compile content from the Service or send data to the Service including for the purposes of competing with the Service, or in such ways that may impair or disrupt the Service's functionality;
• Displaying or embedding content from the Service, including by any software, feature, gadget or communication protocol, which alters the content or its design;
• Impersonating any person or entity, or making any false statement pertaining to your identity or affiliation with any person or entity;
• Collecting, harvesting, obtaining or processing personal information regarding the Service's users, without their prior explicit consent;
• Abusing, harassing, threatening or intimidating other users of the Service;
• Linking to the Service from web pages or applications that contain pornographic content or content that encourages racism or wrongful discrimination or any other unlawful or prohibited content;
• Using the Services for any commercial use without the prior written authorization of us. Prohibited commercial uses do not include any use that Baba Entertainment expressly authorizes in writing. Prohibited commercial uses include any of the following actions taken without Baba Entertainment's express approval:
  • Sale of access to Services or its related services on another website;
  • Use of the Services or its related services for the primary purpose of gaming advertising or subscription revenue;
  • The sale of advertising, on the Baba Entertainment website or any Third Party Website;
  • Any use of the Services or its related services that we find, in our sole discretion, to uses Service Content with the effect of competing with or displacing the market for the Service or Service Content.
• Sending, uploading to or making available on the Service Content which may be considered as -
  • Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
  • Identifying minors, their personal details or their address and ways to contact them;
  • Software viruses, Trojan Horses, worms, vandals, spyware, ransomware and any other malicious applications;
  • Constituting a violation of a person's right to privacy or right of publicity;
  • Threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable;
  • Unsolicited commercial communications ('spam'), chain letters, or pyramid schemes.
• Otherwise prohibited by any applicable law

We encourage respectful behavior. If you find any content on the Service that violates these Terms, please let us know by contacting us at: privacy@baba-ent.com. We will review every request and take action as necessary.

INTELLECTUAL PROPERTY

Our intellectual property

All rights, title and interest in and to the Service, including without limitation, patents, copyrights, trademarks, trade names, Service marks, trade secrets and other intellectual property rights and any goodwill associated therewith, but excluding any Content that originates from Users, are the exclusive property of Baba Entertainment and its licensors. This includes the Service's design, graphics, computer code, "look and feel" and the Company's domain name.

Restrictions

You may not copy, distribute, display or perform publicly, make available to the public or communicate to the public, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use of, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service or the Service or any part thereof, in any way or by any means.

You may not use any name, mark, logo or domain name that is confusingly similar to our marks, logos and Internet domain names. You must refrain from any action or omission that may dilute or damage our goodwill.

Notice of Enforcement

We vigorously enforce intellectual property rights to the fullest extent of the law. Accordingly, we may prosecute any unauthorized use or reproduction of any of the Content or 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.

Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides resources to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without their authorization and is available within the Service in a way that may constitute copyright infringement, he/she may provide notice of their claim to our designated agent listed below. For notice to be effective, it must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. A description of the copyrighted work that You claim has been infringed;
3. A description of where the allegedly infringing material is located within the Service;
4. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contract;
5. A statement 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 that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Baba Entertainment's Designated Agent is:

Our designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement, and such infringement is occurring within the Service. All other inquiries to our designated agent will not be answered.

GAMES

All Games available to play both on the classic and sweeps version of the Service possess their own rules and odds of winning. The individual rules and odds for each Game will be available to players 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.

We reserve 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.

In the event of a difference or discrepancy between the result showing on a player's screen and the result showing on the Service software server, the result showing on the Service software server shall be the governing result.

Sweeps Play and Promotions

Sweeps Play is governed by the Baba Entertainment Sweepstakes Rules and these Terms of Service. All other promotions we may offer from time to time are governed by these Terms. In the event of a conflict between these Terms and Baba Entertainment's Official Sweepstakes Rules, or promotion-specific terms, the Baba Entertainment Official Sweepstakes Rules, or promotion-specific terms, will prevail.

To access the Sweeps Game, a player must enter www.babacasino.com and login/create-account. For more information regarding Baba Entertainment Sweeps Play, see the Baba Entertainment Official Sweepstakes Rules.

VIRTUAL COINS

We may permit Virtual Coins to be used for accessing and playing Content and/or Games. 2 types of Virtual Coins will be available to players to play Games on both the classic and sweepstakes platforms: Gold Coins ("GC"), Sweeps Coins ("SC").

GC are used to play games in standard social casino gameplay on the HomeGymFood. GC 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 casino gameplay on the HomeGymFood. GC 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 casino gameplay, or other methods we may from time to time establish. GC may also be purchased on HomeGymFood for valid government-issued currency. By purchasing GC, 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 Baba Entertainment, or as otherwise expressly indicated by us.

SCs are only available for gameplay on the sweeps HomeGymFood when players elect to play games in sweeps play. SC are not available for purchase like GC are. SC may be obtained in a number of ways such as a daily allowance provided upon login+, as a gift to purchasing GC, or by submitting a Request Card. See the Baba Entertainment Official Sweepstakes Rules for more information on how to collect, use, and redeem SC. NO PURCHASE IS NECESSARY TO OBTAIN SC.

You may not transfer Virtual Coins between accounts, or from your account to that of another. Further, you may not receive Virtual Coins from other users into your account. Any attempt to circumvent these prohibitions may be grounds for termination of your account, without prejudice to any other rights or remedies available to us.

You agree that Baba Entertainment 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 HomeGymFood.

TERMINATION

Terminating Your Account

You may, at any time, request to terminate your account by contacting us at info@babaent.net. Please note that merely uninstalling the App won't delete your account and its details, including all the information associated with it, which would remain on our systems.

We may temporarily or permanently limit, block your access to or terminate your user account, if we determine that you breached these Terms.

Upon termination of these Terms or your account, for any reason, your right to use the Service is terminated and you must immediately cease using the Service; and we will not be liable to you for termination of access to the Service.

Operation of the Service

We may at any time discontinue or terminate the operation of the App or the Service, or any part thereof, temporarily or permanently, for all users, or for certain users, without any liability to you.

CHANGES

Changing the Service

We may, at any time and without prior notice, change the layout, design, scope, features or availability of the App and the Service.

Changing these Terms

We may revise these Terms, in whole or in part, at any time by putting you on notice of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms.

TERRITORIAL AVAILABILITY

The Services, or any feature thereof (including any and all Games, promotions, challenges, and Content), may not be available in all territories and jurisdictions and we make no representations that the Services are or shall remain available for use in any particular territories and jurisdictions.

You acknowledge and agree that we may (at our sole discretion) change, restrict or prohibit the availability of all or a portion of the Services in certain territories and jurisdictions at any time, and you will have no claims against use resulting therefrom.

DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, EITHER EXPRESSED OR IMPLIED. WE AND OUR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS AND AFFILIATES (THE "STAFF") DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, ITS CONTENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, SECURITY, AVAILABILITY, ACCURACY, RELIABILITY,COMPLETENESS, CURRENCY, SUITABILITY, ENHANCED GOODWILL, OR EXPECTED BENEFITS OF THIS SERVICE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH BABA ENTERTAINMENT.

WE DO NOT WARRANT THAT (1) THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS IN ANY WAY; (2) THE SERVICE WILL ALWAYS BE AVAILABLE OR FREE FROM DEFECTS, MALWARES, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS; (3) THE QUALITY OF THE SERVICE, THE GAMES, CHATS OR OTHER CONTENT AVAILABLE THROUGH OR IN THE SERVICE, WILL MEET YOUR EXPECTATIONS; (4) THE RESULTS OF THE USE OF THE SERVICE WILL BE SATISFACTORY AND WILL FIT YOUR EXPECTATIONS OR REQUIREMENTS.

NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR PERFORMANCE OF THE SERVICE, OR THE CONTENT PRESENTED ON OR THROUGH THE SERVICE, WHETHER OR NOT MADE BY ANY OF OUR STAFF, WHICH IS NOT EXPRESSLY CONTAINED IN THESE TERMS, SHALL BE DEEMED TO BE A WARRANTY BY THE INVOLVED PERSONS FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF OUR STAFF WHATSOEVER.

YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN SOLE RISK.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR STAFF, SHALL NOT BE LIABLE, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BODILY INJURY OR OTHER DAMAGE CAUSED BY USING THE SERVICE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT, GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE ITEMS), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACT, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE CONTENT, THE USE OF, OR THE INABILITY TO USE THE SERVICE OR ITS FEATURES, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE SERVICE, OR FROM ANY FAULT, OR ERROR MADE BY OUR STAFF, OR FROM YOUR RELIANCE ON CONTENT AVAILABLE ON OR THROUGH THE SERVICE, OR FROM ANY COMMUNICATION THROUGH THE SERVICE, OR WITH OTHER USERS ON THE SERVICE, OR FROM ANY DENIAL OR CANCELATION OF YOUR USER ACCOUNT, OR FROM RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR CONTENT ON THE SERVICE, OR PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SERVICE, EVEN IF THERE IS NEGLIGENCE BY US OR BY STAFF, OR AN STAFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE

IN ANY EVENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL, MAXIMUM AND AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES SHALL BE LIMITED TO HALF THE FEES YOU PAID US (IF ANY) IN THE TWELVE MONTHS PRECEDING THE EVENT PURPORTEDLY GIVING RISE TO THE CLAIM.

NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE WILL BE FULLY RELEASED FROM OUR OBLIGATIONS AND LIABILITY TO YOU IF YOU HAVE BREACHED THESE TERMS, ANY OTHER TERMS, RULES OR REGULATIONS APPLICABLE TO THE SERVICE, OR IF THROUGH YOUR USE OF THE SERVICE, YOU INFRINGED OR VIOLATED ANY OTHER PERSON'S RIGHTS.

INDEMNIFICATION

To the maximum extent permitted by law, you will indemnify and hold harmless at your own expense, us, our Staff and anyone acting on our behalf, from and against any damages, costs and expenses, resulting from any claim, allegation or demand (including reasonable attorneys' fees and litigation expenses), connected with or arising from:

• Your use of the Service and any of the Content, or any products or services obtained on through the Service;
• Any arrangements you make based on the content obtained on or through the Service;
• Any breach by you of the Terms;
• Any activity related to your account (including infringement of third parties' worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Service using your account;
• Any circumvention or attempted circumvention of the Terms or the Service; or
• Any fraud committed with regard to us.

We reserve the right, at your expense, to assume institute civil or criminal claims against you, report you to the relevant regulatory authorities, and to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We 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 account or the Service.

LICENSE

You agree by accessing, browsing or otherwise using the Service, Baba Entertainment and the Content are and remain the sole property of Baba Entertainment or third-party providers, as applicable. Except as expressly permitted by us 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 HomeGymFood 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 us) 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.

Unless otherwise provided in writing by us, 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 the Service or any of the content, in whole or in part, in any form or by any means, whether manual or automatic.

APPLICATION MARKETPLACE

Your use of the Service may be subject to additional third-party terms and conditions that govern that application marketplace from which you downloaded the App, such as Apple, Google Play or Amazon App-store for Android. Such third parties are not responsible for providing maintenance and support services with respect to the App.

Apple Disclaimers

You acknowledge and agree that these Terms are solely between you and Baba Entertainment only, and not with Apple, Inc. ("Apple"). You further acknowledge and agree that:

• Apple and its subsidiaries are third-party beneficiaries under these Terms and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of these Terms against you as a third-party beneficiary thereof.
• Apple has no responsibility for the iOS App or any included content.
• In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iOS 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 App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
• Apple is not responsible for addressing any of your claims or those of any third-party relating to the iOS App or your possession and/or use of the iOS App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the iOS App or your possession and use of the iOS 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

You acknowledge and agree that these Terms are solely between you and Baba Entertainment only, and not with Google, Inc. ("Google"). You further acknowledge and agree that:

• Google and its subsidiaries are third-party beneficiaries under these Terms and that, upon your acceptance of the Terms, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of the Terms against you as a third-party beneficiary thereof.
• Google has no responsibility for the App or any included content.
• In the event of any failure of the Android App to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the Android 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 App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
• Google is not responsible for addressing any of your claims or those of any third-party relating to the Android App or your possession and/or use of the Android App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
• In the event of any third-party claim that the Android App or your possession and use of the Android 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.
• Your use of the Android App must comply with Google's then-current Android Market Terms of Service.

DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS

PLEASE READ THIS SECTION BECAUSE IT MAY REQUIRE YOU AND US TO ARBITRATE CERTAIN DISPUTES AND CLAIMS ON AN INDIVIDUAL BASIS AND LIMITS THE MANNER IN WHICH YOU AND THE COMPANY CAN SEEKS RELIEF FROM EACH OTHER.

If you reside in or access the Services at any time while located in the United States, this section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis) shall be construed under and be subject to the Federal Arbitration Act, notwithstanding any other choice of law set out in these Terms. By agreeing to these Terms, and to the extent permitted by applicable law, you and Baba Entertainment agree that any and all past, present and future disputes, claims or causes of action between you and us arising out of or relating to these Terms, the Services, App, and Games, the formation of these Terms or any other dispute between you and us or any of our licensors, distributors, suppliers or agents, and whether arising prior to or after your agreement to this section, (collectively, "Dispute(s)") will be governed by the procedure outlined below.

YOU AND BABA ENTERTAINMENT FURTHER AGREE THAT ANY ARBITRATION PURSUANT TO THIS SECTION SHALL NOT PROCEED AS A CLASS, GROUP, OR REPRESENTATIVE ACTION.

Informal Dispute Resolution

We want to address your concerns without the need for a formal legal dispute. Before filing a claim against us, you agree to try to resolve the Dispute informally by contacting Customer Support via this form. Similarly, if you have provided an email address to us as part of your account registration, we agree to do the same. If a dispute is not resolved within 30 days after the email noting the Dispute is sent, you or Baba Entertainment may initiate an arbitration proceeding as described below.

We Both Agree to Arbitrate

By agreeing to these Terms, and to the extent permitted by applicable law, you and Baba Entertainment each and both agree to resolve any Disputes – including any Dispute concerning the enforceability, validity, scope or severability of this agreement to arbitrate – through final and binding arbitration as discussed herein.

Opt-out of Agreement to Arbitrate

You may decline this agreement to arbitrate by contacting support@babacasino.com within 30 days of first accepting these Terms and stating that you (include your first and last name, email address and postal address) decline this arbitration agreement. By opting out of the agreement to arbitrate, you will not be precluded from playing the Games, but you and Baba Entertainment will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the Terms otherwise provided herein.

Arbitration Procedures and Fees

You and Baba Entertainment agree that JAMS ("JAMS") will administer the arbitration under its Streamlined Rules in effort at the time arbitration is sought ("JAMS Rules"). Those rules are available at www.jamsadr.com.

Arbitration will proceed on an individual basis and will be handled by a sole arbitrator in accordance with those rules; provided that the parties shall be presented with a list of five potential arbitrators and shall rank those potential arbitrators in order of preference. JAMS shall select the arbitrator with the highest combined preference (e.g., if both parties select a potential arbitrator as their top preference, that arbitrator will be selected).

You and Baba Entertainment further agree that, unless and only to the extent prohibited under JAMS Rules, the arbitration will be held in Tel Aviv/Israel, at either your or our election, will be conducted telephonically or via other remote electronic means. The JAMS Rules will govern payment of all arbitration fees.

The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you in an individual lawsuit and that are not waivable under applicable law.

Batch Arbitration

To increase efficiency of resolution, in the event 25 or more similar arbitration demands against Baba Entertainment, are presented by or with assistance of the same law firm or organization or group of law firms or organizations working in coordination, are submitted to JAMS in accordance with the rules described above within a 30-day period, JAMS shall consolidate those arbitration as contemplated in the JAMS Rules by

(a) grouping the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are fewer than 25 arbitration demands left over after the batching described above, a final batch consisting of the remaining demands); and

(b) providing for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch.

For avoidance of doubt, consolidation does not require that all arbitration in a single batch be decided the same, nor does it impair your right to present any evidence or argument that you think particular to your case, so long as consistent with JAMS Rules.

You agree to cooperate in good faith with Baba Entertainment and JAMS to implement such a batch approach to resolution and fees.

Class Action and Collective Arbitration Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER YOU NOR BABA ENTERTAINMENT SHALL BE ENTITLED: TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES; TO PARTICIPATE IN ANY GROUP, CLASS, COLLECTIVE OR MASS ARBITRATION OR LITIGATION; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS; TO ARBITRATE OR LITIGATE ANY DISPUTE IN A PRIVATE ATTORNEY GENERAL CAPACITY; OR OTHERWISE TO SEEK TO RECOVER LOSSES OR DAMAGES (WHETHER FOR YOURSELF OR OTHERS) INCURRED BY A THIRD PARTY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THESE TERMS AND CONDITIONS, IN THE EVENT ALL OR ANY PORTION OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) ARE FOUND TO BE INVALID OR LESS THAN FULLY ENFORCEABLE IN A PARTICULAR DISPUTE, THEN THE ENTIRETY OF THIS SECTION (DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS) MAY BE DEEMED VOID AND AS HAVING NO EFFECT FOR PURPOSES OF THAT DISPUTE, UPON EITHER PARTY'S ELECTION.

Exceptions to Agreement to Arbitrate for Temporary Relief

Notwithstanding the other provisions of this Section (Dispute Resolution and Agreement to Arbitrate on an Individual Basis), either you or we may bring an action in a court as authorized above for temporary injunctive relief until an arbitrator has been empaneled and can determined whether to continue, terminate, or modify such relief.

Confidentiality

You and Baba Entertainment 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.

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.

GENERAL

Assignment

You may not assign or transfer your rights and obligations under these Terms without our prior written consent. Any attempted or actual assignment by you, without our prior written consent, shall be null and void.

Tax

You are solely responsible for any taxes which apply to any prizes that you collect from your use of the Services or App.

Governmental Compliance

Our performance of these Terms are subject to existing laws and legal process, and nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests of requirements relating to use of the Service or information provided to or gathered by the Company with respect to such use.

Changes in ownership

In the event any change in the ownership or control, including but not limited to a merger or acquisition, of Baba Entertainment, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, including all of our rights, performances, duties, liabilities and obligations contained herein, to a third party.

Force Majeure

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

Severability

If any provision of these Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of these Terms shall continue to remain in full force and effect.

Interpretation

The section headings in these Terms are included for convenience only and shall take no part in the interpretation or construction of these Terms. Whenever used in these Terms, the term "Including", whether capitalized or not, means without limitation to the preceding phrase. All examples and e.g. notations are illustrative, not exhaustive.

Entire agreement

These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements.

Waivers

No waiver, concession, extension, representation, alteration, addition or derogation from these Terms by us, or pursuant to these Terms, will be effective unless consented to explicitly and executed in writing by our authorized representative. Failure on our part to demand performance of any provision in these Terms shall not constitute a waiver of any of our rights under these Terms.

Relationship

These Terms do not create any agency, partnership, employment or fiduciary relationship between you and us.

Applicable Law and Jurisdiction

These Terms your use of the Services and our entire relationship will be governed and interpreted in accordance with the laws of the State of Delaware in the United States, without regard for its choice of conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. Absent an express statement to the contrary, in the event of any conflict or inconsistency between any provision of these Terms and a provision of the Responsible Social Gameplay Policy or Sweeps Rules, these Terms shall control solely to the extent necessary to resolve the conflict or inconsistency.

Subject to the above, the parties agree that any dispute, controversy, or claim arising out of or in connection with these Terms, or the breach, termination or invalidity of these Terms and Conditions, 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, the parties agree that either party may move to compel arbitration or to enforce an arbitral award issued hereunder before any court of competent jurisdiction.

CONTACT US

At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at: support@babacasino.com, or through our online contact form.