Terms of Use & Service Agreement
IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN SECTION 5, BELOW. THIS AGREEMENT LIMITS OUR LIABILITY TO USERS OF THE Spintime™ SERVICE AND REQUIRES ARBITRATION OF DISPUTES IN LIEU OF ACCESS TO A COURT OF LAW.
Last Revised: February 9, 2026
TERMS OF USE AND SERVICE AGREEMENT FOR RESIDENTS OF THE UNITED STATES OF AMERICA WHO PARTICIPATE FROM ELIGIBLE JURISDICTIONS LISTED BELOW IN SECTION 3 OF THIS AGREEMENT
In this Agreement, you the applicant for or as applicable, holder of an account which are referred to as the context may apply as "You," "Yourself" and possessive forms "Your," and "Yours." The website on which entertainment, competitions, promotions and other services are offered now and in the future is sometimes referred to as HTTPS://www.spintime.app and sometimes just the "Website." As the context may imply, We may also refer to CGS Group, LLC., a sponsor of the entertainments and promotions provided on www.spintime.app. The bundle of services and functionalities available to users of www.spintime.app is sometimes referred to as the Spintime™ Service. CGS Group, LLC. is an operator of the Spintime™ Service. CGS Group, LLC is a limited liability company formed and domiciled under South Carolina law. Its address is 2151 Pickens Street, Suite 500 Columbia, South Carolina 29201.
In this Agreement, CGS Group, LLC is sometimes referred to as simply, "CGS" or "We" or possessive forms of "We" such as "Our" or "Ours" and as the context may apply, accusative case and ablative case forms of the first person such as "Us."
Welcome and thank you for visiting Our Website and applications related to it. This includes (not a limitation) www.spintime.app and any other website or application on which this Terms of Use and Service Agreement appears.
Certain products, services, and digital content may from time to time be made available to You for purchase through the Spintime™ Service. If offered, such purchases may be governed by separately presented terms of sale or Award Rules of any free game of chance promotion, all of which when published on the Spintime™ Service are to be incorporated by reference into and made part of this Agreement. From time to time, we may revise Our Terms of Use and Service Agreement. The date of the latest revision is shown near the beginning of this document. You ought to note the latest revision date. When You see a later revision date, please again review Our Terms of Use and Service Agreement.
We know that the privacy of Your personal identifying information is important to You and is protected by certain state statutes. We are diligent to comply with those laws and to protect that privacy as to all personal identifying information that You supply to us in the process of opening a user account. For more information about the Spintime™ Service data protection practices, please read Our Privacy Policy.
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT FOR THE Spintime™ SERVICE IS A BINDING, LEGAL CONTRACT BETWEEN YOU AND CGS GROUP, LLC. BY REGISTERING FOR, ACCESSING, BROWSING OR USING THE Spintime™ SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ IN ENGLISH, UNDERSTOOD IN ENGLISH, AND AGREE TO BE BOUND BY THE TERMS CONTAINED IN THIS TERMS OF USE AND SERVICE AGREEMENT. BY ACCESSING, BROWSING OR OTHERWISE USING ANY PART OF THE Spintime™ SERVICE, YOU ARE DEEMED TO ACCEPT, WITHOUT QUALIFICATION OR LIMITATION, THIS AGREEMENT AND ALL OF THE TERMS AND CONDITIONS CONTAINED IN OR INCORPORATED BY REFERENCE IN THIS AGREEMENT. IF AT ANY TIME YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, YOU MAY NOT USE THE Spintime™ SERVICE, AND ACCORDINGLY, MUST IMMEDIATELY TERMINATE YOUR USE OF THE Spintime™ SERVICE AND THE WEBSITE. IF YOU REJECT THIS AGREEMENT OR THE Spintime™ PRIVACY POLICY OR THE OFFICIAL RULES OF THE Spintime™ SERVICE FREE GAME OF CHANCE PROMOTION, YOUR ELIGIBILITY TO ACCESS THE WEBSITE WILL TERMINATE. NOTHING IN THIS PARAGRAPH SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHT.
1. SALES OF PROPERTY AND SERVICES
From time to time, We may offer for sale, goods or services that are advertised or posted on the Website. The prices charged for these services are subject to change as to all sales not final and fully paid at the time of the price revision. As to all tangible goods (or contract rights or intellectual property fixed in a tangible medium) that You may buy, (1) to the fullest extent allowed by applicable law, WE MAKE NO WARRANTY THAT THE PRODUCT IS MERCHANTABLE, FIT FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGING. WE DISCLAIM ALL SUCH WARRANTIES AS MAY BE IMPLIED OR REQUIRED BY THE LAW OF ANY JURISDICTION, and (2) We shall be deemed to have fully performed Our duty to deliver tangible goods when we deliver the goods to a common carrier, freight prepaid (or to the United States Postal Service, postage prepaid) for shipment to You at the address that You supplied to us; it being understood that You bear the entire risk of loss or damage in transit, mis-delivery and non-delivery of the goods that You may buy from us. Prior to shipment we have the right to cancel any order and refund any payment based on a mistaken price quote on the Website.
2. CHANGES TO THE WEBSITE, THE Spintime™ SERVICE OR ANY NO-PRIZE OR SKILL-ONLY COMPETITION OR ANY GAME PROMOTION OFFERED ON THE Spintime™ SERVICE
We may at any time change or discontinue any aspect or feature of the Spintime™ Service, including (not limited to) content, hours of availability and equipment needed for access or use. When using the Spintime™ Service, You may be subject to additional posted policies, guidelines or rules applicable to specific services and features. These may be posted online and available to You from time to time (the "Policies"). All such Policies are hereby incorporated by reference into this Agreement and made part of this Agreement.
3. ELIGIBILITY TO PARTICIPATE IN CONTESTS AND THE FREE GAME OF CHANCE PROMOTION
Included Jurisdictions. No-Prize games for which there is an entry fee and free game of chance promotions sponsored by Us and conducted on the Spintime™ web site are open only to persons who are at least twenty one (21) years of age at the time of participation and are otherwise eligible in accordance with this Agreement, including (not limited to) the posted rules specific to the game, contest or promotion. No-prize games that offer only extended game play and involve an entry fee, and free game of chance promotions involving an award of value, are available only to persons who live in and participate from any of the following states of the United States of America: Alabama, Arkansas, Colorado, Indiana, Iowa, Kansas, New Hampshire, New Mexico, North Carolina, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, and Vermont.
Excluded Jurisdictions. For avoidance of doubt, participation by any person who lives in or participates from any country other than the United States of America, any territory, possession or free affiliated commonwealth of the United States of America, and the following states, is blocked and ineligible to receive promotional prizes: Alaska, Arizona, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New York, New Jersey, North Dakota, Ohio, Rhode Island, Utah, Virginia, Washington (D.C.), Washington (state), West Virginia, and Wisconsin, and Tribal lands of Indian Tribes recognized under federal law.
We do not represent or warrant that the Spintime™ Service or any part of it is appropriate or available for use in any particular jurisdiction. Those who choose to access the Spintime™ Service do so on their own initiative and at their own risk, and are responsible for complying with all state and local laws, rules and regulations. At any time and at Our sole discretion, We may limit or expand (in whole or in part) the availability of the Spintime™ Service to any person, geographic area or jurisdiction, all at Our sole discretion.
Other Terms of Eligibility. Notwithstanding any status as a paying participant in no-prize amusement games conducted on the Spintime™ Service or as an entrant in the free game of chance promotions sponsored on the Spintime™ Service, no prize shall be awarded to any participant that is (1) registered not as a natural person but instead as a juridical entity, (2) simultaneously maintains more than one account with the Spintime™ Service, (3) is younger than twenty one (21) years of age or (4) participates from any state or jurisdiction that is an excluded jurisdiction. To be eligible to receive a prize, each entrant must be the registered owner of the email address identified in the entrant's account with an internet service provider and throughout the participation will be eligible to participate only from that account and email address. An entrant's participation from an email address other than her or his own, is void. Should there be a dispute regarding the identity of any winner, subject to all other eligibility conditions set out in this Agreement, the winner shall be the person in whose name the email account was opened.
Employees and agents of CGS Group, LLC, its content providers, hosting entities, contracted data processors and advertisers, together with members of their respective immediate families and those living in their respective households, are ineligible to participate in any form of the no-prize entertainment games or free game of chance promotions.
Participants will be subject to disqualification and/or blocking for (among other acts) (a) misrepresentation of eligibility, (b) attempting in any way to impair or alter the function of the Spintime™ Website or any "third-party" web site to which the Spintime™ Website provides a link, (c) utilization of a proxy or virtual private network to circumvent blocking of participation from other than the eligible states listed above, (d) attempting to commit any form of fraud in connection with any competition or free game of chance promotion, (e) failure when requested by Us to furnish timely (and in any event within thirty days of request) an affidavit or declaration of eligibility in form and substance satisfactory to Us and that is legally binding in the jurisdiction of the participant's residence or participation, (f) participating in any amusement game, competition or free game of chance promotion while using multiple email addresses or email accounts, and (g) any other act which in Our sole opinion is inconsistent with the integrity of any amusement game, competition or game promotion or the goodwill or reputation of Spintime™.
CAUTION - Any attempt by a participant in the amusement games, competitions or free game of chance promotions to deliberately damage the website or to subvert, impair or compromise the conduct of any amusement game, competition or game promotion may be a violation of criminal laws.
CAUTION - Your entitlement to a prize may not be transferred person-to-person or otherwise. Attempted transfer of any of such a right, at Our sole discretion, will be the basis of a termination of the applicable Spintime™ Service account.
4. CHANGED TERMS
We have and reserve the right at any time and at its sole discretion, to change or modify this Terms of Use and Service Agreement and/or the policies, terms and conditions applicable to Your use of the Spintime™ Service, or any part of them, or to impose new terms, including and not limited to adding or increasing fees and charges for participating in the no-prize amusement games and the terms of Our free-entry offer applicable to the game promotions. Except for Section 5 (Arbitration and Class Action Waiver) below, such changes, modifications, additions or deletions will be effective immediately upon notice thereof. Such a notice may be given and served by any means, including and not limited to posting the revision date on the masthead of this Agreement, or by any other means by which You can obtain notice of the changed of terms or the new term. You should periodically check this for any changes to the revision date of this Agreement. ANY CONTINUED USE OF THE Spintime™ SERVICE BY YOURSELF AFTER THE POSTING OF ANY SUCH NEW REVISION DATE OR OTHER NOTICE WILL BE DEEMED TO CONSTITUTE YOUR BINDING ACCEPTANCE OF ANY SUCH CHANGES, MODIFICATIONS, ADDITIONS OR DELETIONS. If any modification, change, addition or deletion to this Terms of Use and Service Agreement is not acceptable to You, Your only recourse is to terminate Your Spintime™ Service user account and by that act terminate the ongoing term of this Agreement and thereafter to refrain from using and accessing the Spintime™ Service and the Website. Upon that or any termination of Your account, all its terms and conditions, including (not limited to) Sections 5, 8, and 11 through 15 shall survive such termination as to all times prior to and following the termination.
5. BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN A COURT OF LAW AND YOUR RIGHT TO A TRIAL BEFORE A JURY.
THE PROVISIONS OF THIS SECTION 5 ARE SUBJECT TO THE SUPERVENING RIGHTS OF CGS GROUP, LLC, ITS CONTRACTED DATA PROCESSOR AND ALL OTHER "RELEASED PARTIES" AS SET OUT IN SECTIONS 11 (TERMINATION OF USER RIGHTS GRANTED TO YOU), 13 (DISCLAIMER OF WARRANTIES; ASSUMPTION OF RISK), 14 (LIMITATION OF LIABILITY), 15 (INDEMNIFICATION) AND 16 (EQUITABLE REMEDIES).
Initial Dispute Resolution. The Spintime™ Service Customer Support department is available to address any concerns You may have regarding the Spintime™ Service and Your use of it. Most concerns can be quickly resolved in this manner to Our customers' satisfaction. You and the Spintime™ Service shall use their respective best good-faith efforts to resolve any dispute, claim, question, or disagreement directly through consultation and reasonable discussions. Evidenced willingness to participate in such good-faith discussions shall be a precondition to either party initiating a lawsuit or arbitration.
Binding Arbitration. If the Parties (You and the Spintime™ Service) do not reach an agreed-upon solution within a period of thirty (30) days from the time that initial dispute resolution is first initiated pursuant to the paragraph immediately above, then subject to the arbitration terms set out below, either Party (i.e. You or CGS Group, LLC) may initiate binding arbitration as the sole adversarial means to resolve the dispute. Specifically, all claims arising out of or relating to this Agreement (including - not limited to - its interpretation, formation, performance and breach), the Parties' legal relationship with each other and/or Your use of the Spintime™ Website shall be finally resolved by binding arbitration. The arbitration shall be administered by the American Arbitration Association in accordance with the provisions of its Comprehensive Arbitration Rules or Streamlined Arbitration Rules, as appropriate, excluding in any event, any rules or procedures governing or permitting class actions. This arbitration provision is made pursuant to a transaction involving interstate commerce. Accordingly, the Federal Arbitration Act (the "FAA") shall apply to the interpretation, applicability, enforceability and formation of this Agreement, notwithstanding the choice of law and forum selection provided for below in this Section 5. The arbitrator or arbitrators, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including without limitation, any claim that all or any part of this Agreement is void or voidable, or whether a claim or dispute is subject to arbitration. Except as noted below, the arbitrator or arbitrators shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrators' report and award, including (not limited to) recommendation for equitable relief and declaratory relief, shall be binding on the Parties and may be entered as a judgment or order in any court of competent jurisdiction. The arbitrator or arbitrators shall not have the power to award punitive damages or tort damages. Arbitration shall be initiated in and proceed in Mecklenburg County, North Carolina. You and CGS Group, LLC. agree to submit to the personal jurisdiction of any federal or state court sitting in Mecklenburg County, North Carolina, in order to compel arbitration, to stay judicial proceedings pending arbitration, to confirm, modify, vacate, or enter judgment on the award entered by the arbitrators and to enforce equitable relief that the arbitrators may not have jurisdiction to award or enforce independently of a court. If in violation of Your agreement to submit to binding arbitration, You should initiate a lawsuit against CGS Group, LLC or any employee, agent, employee or affiliate of CGS Group, LLC, by this Terms of Use and Service Agreement You stipulate irrevocably that no act of defense of the litigation, no matter how protracted, shall be deemed a waiver of the right to compel binding arbitration, or the right to resolve disputes between You and CGS Group, LLC, by binding arbitration as here provided.
Class Action Waiver. The Parties (You and CGS Group, LLC) further agree that any arbitration and litigation allowed under this Section 5 and any litigation related to the Website or the Spintime™ Service shall be conducted in their respective individual capacities only and not as a class action or other representative action. Accordingly, the parties (You and CGS, LLC) expressly and mutually waive their respective right to file a class action or seek relief on a class basis. YOU AND CGS GROUP, LLC. MUTUALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null, void in its entirety, the parties shall be deemed to have not agreed to arbitrate disputes, and the remainder of this Agreement shall survive and remain valid and enforceable.
6. THE Spintime™ SERVICE
We provide to Our account holders access to a rich collection of online video entertainment resources. The Spintime™ free game of chance promotions may involve an offer of a premium to winners or successful participants. This bundle of paid-for and free content, services, competitions and other benefits is sometimes referred to as the Spintime™ Service.
To participate in Our video entertainment offerings, You will need to log in, provide certain information and establish a user account with the Spintime™ Service. An inactive user account with the Spintime™ Service is an account in which the user has not logged in for one hundred eighty (180) consecutive days. If Your Spintime™ Service user account becomes inactive but is not terminated as provided for under Section 11 (Termination) of this Terms of Use and Service Agreement, You will be subject to (and obligated to pay) a monthly inactive account fee. We may collect the inactive account fee by debiting prospectively or retroactively any funds that at any time You have on deposit with Us. The inactive account fee is $5.00 per calendar month or if applicable, part of a calendar month.
We endeavor to make Your experience with the Spintime™ Service a pleasant one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, loss of personalization settings or other service interruptions. Therefore, You agree that the Spintime™ Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not accept or assume responsibility for the timeliness, deletion, non-delivery or failure to store any user data, communications or personalization settings.
We have and reserve the right to change or discontinue, temporarily or permanently, the Spintime™ Service at any time. You agree that We will not be liable to You or anyone else for any modification or discontinuance of the Spintime™ Service at any time for any reason or in the absence of a reason.
Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any person not a party to this Agreement including (among others) information providers, businesses that We hire to process data and the personal identifying data of Our customers, and any user of the Spintime™ Service, are solely those of their respective sources, author(s) and publisher(s) and not Ours. We neither endorse nor are We responsible for the accuracy or reliability of any "third-party" opinion, advice or statement made through the Spintime™ Service; and We expressly disclaim any and every liability in connection such opinion, advice or statement.
Your use of the Spintime™ Service is at Your own risk. The Spintime™ Service may include hyperlinks to other websites or services ("Third-Party Sites," so called) solely as a convenience to You. We have no control over "Third-Party Sites." We do not endorse any "Third-Party Site". We are not responsible for any "Third-Party Sites" or for the information, advertising, products, services, materials or privacy protection contained on, promised by or accessible through any "Third-Party Site." You are deemed to agree that We are not liable for any loss or damage which may be incurred by Yourself as a result of the availability of or Your use of any "Third-Party Site" or as a result of any reliance placed by Yourself on the completeness, accuracy or existence of any the information, advertising, products, services or materials contained on or accessible through any such "Third-Party Site." Your use of any "Third-Party Site" or the services provided by them shall be governed only by such terms of agreement between Yourself and such "Third-Party Site."
Some of the services provided by the Spintime™ Service on the Website from time to time may be supported by advertising revenue and may display advertisements and promotions. In consideration of Our granting to You, access to and use of the Spintime™ Service Website, You are deemed to agree that We may place advertising and promotions on the Website. You further agree that the manner, mode and extent of advertising and promotions by the Spintime™ Service on the Website are subject to change without specific notice to You.
7. YOUR USE OF THE Spintime™ SERVICE
You must provide true, accurate, current and complete information about Yourself as requested in the Spintime™ Service Website's registration forms. You must update Your registration data to keep it current and accurate within a reasonable time after any change to that data.
The Rules of Conduct in connection with Your use of the Website and the Spintime™ Service prohibit Your posting, uploading, distribution or other transmission to or through the Spintime™ Service Website, of any malware or spyware, or that contain software viruses, corrupted data or other harmful, disruptive or destructive files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
The Rules of Conduct in connection with Your use of the Website also prohibit (1) removal, circumvention, disabling or damaging and otherwise interfering with security-related features of the Spintime™ Service, and (2) reverse engineering, disassembly, decompiling and all other activities related to discovery of source code used in connection with the Website or features that limit its use, or other actual or attempted piracy, and (3) actual or attempted modification, adaptation, creation of derivative works (all) based upon the Spintime™ Website or the Spintime™ Service, and (4) the use of any so-called robot, spider, scraper, crawler, or other automated means to access the Spintime™ Website or the Spintime™ Service, or to participate in any competition distributed through the Spintime™ Website or the Spintime™ Service, including (not limited to) for the purpose of bypassing, disabling or overcoming measures used to prevent or restrict access to the Website or the Spintime™ Service.
The Rules of Conduct in connection with Your use of the Website and the Spintime™ Service also require You to safeguard Your Spintime™ Service account number and password, and the credit instrument that You use to purchase entertainment game play. In the event that We are notified of a credit card chargeback against Your Spintime™ Service account in any amount, We will terminate Your Spintime™ Service account, deny any application that You may make and as liquidated damages and not as a penalty, and without prejudice to any of Our other rights, retain any prepaid or other credit balance in Your account as to the date of termination and any promotional winnings then due and unpaid. In addition, all legal remedies will be utilized to dispute chargeback claims. Your account information, geo-tracking data, transaction history, redemption history and play history will be utilized to the fullest extent of the law to dispute a chargeback. The prevailing party in any action, proceeding or arbitration arising out of or to enforce a chargeback dispute will be awarded reasonable attorney's fees and costs incurred in that action or proceeding.
The above are some but not all examples of prohibited conduct. They are not intended to be exhaustive. Any conduct by Yourself that, in Our sole discretion restricts or inhibits any other user from using or enjoying the Spintime™ Service is prohibited. We shall have the ongoing right, but not the obligation, to monitor the content of the Spintime™ Service, to determine compliance with this Agreement and any policies and other operating rules established by Us and to comply with any law, regulation or authorized government request.
The Spintime™ Service offers its users the opportunity to participate in certain online video game entertainments, competitions, tournaments, and free game of chance promotions, some of which may have prizes for the winners. If You participate in such online competitions, tournaments and free game of chance promotions, as a condition precedent to Your receipt of any prize, You may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by Yourself. Certain conditions of eligibility to compete in any online competitions, tournaments and free game of chance promotions are set out in Section 3 above. Additional eligibility requirements are disclosed in the Award Rules of the game promotion; and by this reference, the Award Rules are part of this Agreement. If You participate in a Spintime™ Service free game of chance promotion but are ineligible to do so, the offer of a prize award will not apply to You and You will not be allowed to collect any prize or receive any refund. As a condition precedent to collecting a prize for which You are eligible, You may be required to provide information reasonably requested by Us and (for prize awards of more than $600 as a calendar-annual aggregate irrespective of any purchases to which you may apply Your prize award) information that by law We require to enable its preparation and filing of Internal Revenue Service Form 1099-MISC. We will, if required, report the calendar aggregate value of the prize to federal and/or state taxing authorities.
8. TRADEMARKS, COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
The Spintime™ Service and the Website are owned and operated by CGS Group, LLC. All content, trademarks and other proprietary materials and information on the Spintime™ Service and the Website, are protected by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Such proprietary materials include (as examples, not limitations) the Website logos, the Website visual interfaces, graphics, design, compilation, information, software, computer code (both source code and object code), services, text, pictures, photos, video, graphics, music, information, data, sound files, other files and the selection and arrangement of all of them, and all other materials (collectively, the "Materials") are protected as applicable by copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. CGS Group, LLC (together with its subsidiaries, affiliated companies and "third-party" licensors) own all rights, title and interest, including, without limitation, all copyrights, in and to any and all Materials contained on the Spintime™ Service and the Website under copyright laws.
CGS Group, LLC has and expressly reserves for its benefit and as may apply, for the benefit of its licensors, all rights, including, without limitation, all trademark rights, in and to the CGS Group trademarks. Unless otherwise agreed in writing by CGS Group, LLC, or expressly set out in this Agreement, You agree that nothing in this Agreement gives You a right to use any of the CGS Group trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of CGS Group, LLC or the Spintime™ Service.
For the avoidance of doubt, You are granted only a limited, non-exclusive, terminable, non-transferrable and non-sublicensable license (i.e., a personal and limited right) to access and use in the states identified by name in section 3 of this Agreement and nowhere else, the Website and the Spintime™ Service for Your own personal use and no other use. This license is subject to this Agreement and does not include any right to do any of the following: (a) any resale, transfer or commercial use of the Spintime™ Service or the Materials (or any of the Materials); (b) the distribution, public performance or public display of any Materials; (c) modifying, publishing, transmitting, participating in the transfer or sale of, creating or otherwise making any derivative uses of the Spintime™ Service or the Materials, or any portion of them, or in any other way exploiting any of any of the Materials, in whole or in part; (d) using any data mining, robots or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Spintime™ Service, the Materials or any information contained in them, except as may be expressly permitted on the Spintime™ Service; or (f) any use of the Spintime™ Service or the Materials except for their intended purposes. Except as otherwise permitted as "fair use" under United States copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of the Materials will be permitted without the express written permission of CGS, LLC, first given and received in each instance. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Any use of the Spintime™ Service or the Materials except as specifically authorized in this Agreement, without the prior written permission of CGS Group, LLC, is strictly prohibited. All rights not expressly granted in this Agreement are hereby expressly reserved by CGS Group, LLC.
9. USE OF THE Spintime™ SERVICE BY PERSONS OTHER THAN YOURSELF
You are deemed to acknowledge and understand that it is Your sole responsibility to make sure that others do not obtain or use the Spintime™ Service through Yourself for any purpose not expressly permitted under this Agreement, whether through Your account or at Your direction, or under Your supervision or with Your permission. You must scrupulously safeguard and effectively prevent access by all others to Your Spintime™ Service account number, password and the credit instrument that You use to access the Spintime™ Service. You must immediately notify Us if You suspect that there has been any unauthorized use of Your Spintime™ Service account. You further expressly acknowledge and are deemed to agree that We and Our authorized data processors, service providers and other agents may audit Your use of the Spintime™ Service. You are solely responsible and liable for all use of the Spintime™ Service under Your account. You are solely responsible and liable for ensuring that all use of the Spintime™ Service under Your account fully complies with this Agreement. All content or instructions transmitted by or received from anyone through Your account will be deemed binding on Yourself. You shall be responsible for protecting the confidentiality of Your Spintime™ Service password and the credit instrument that you use to access the Spintime™ Service. If You suspect that Your password has been compromised, You must promptly contact the Spintime™ Service through the Contact Us tab at www.spintimeservice.com. Please refer to Section 7 of this Agreement regarding chargebacks by Your bank.
10. CONSENT TO COMMUNICATION; USE OF DATA
By using the Spintime™ Service, You are deemed to consent to receive communications from the Spintime™ Service and its contracted data processors as its agents. Such communications may include (a) notices, (b) agreements, (c) legally required disclosures, (d) offers from the Spintime™ Service and (e) other information in connection with the Your data profile and use of the Spintime™ Service. Electronic communication including text message and e-mail may be sent to You for which You may incur a telecommunication service fee or a fee from Your Internet service provider. Your consent to such communications is a condition precedent to Your right to use the Spintime™ Service. Further, You are deemed to agree that We and Our contracted data processor may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You, related to the Spintime™ Service. You are deemed to agree that We may use this information to improve Our products and to provide services, information or technologies to You. You have the ongoing prerogative to withdraw Your consent as granted under this Section but be advised that withdrawing Your consent may materially impair the utility to You of the Spintime™ Service.
11. TERMINATION OF USER RIGHTS GRANTED TO YOU
Your right of access to and use of the Spintime™ Service may terminate automatically, immediately and with or without notice upon (1) Your failure to comply with any term of this Agreement, or (2) Your infringement of intellectual property rights of "third parties" or of CGS Group, LLC or its licensors, or (3) Your violation of any applicable law in connection with Your use of the Spintime™ Service. Such termination will occur if anyone other than Yourself directly or indirectly accesses the Spintime™ Service in connection with Your user credentials, as provided more explicitly under Section 9 of this Agreement. Upon the termination of Your user rights under this Agreement, You shall cease all use of the Spintime™ Service. Any website, software, or other consumable application related to the Spintime™ Service may then not be available to You. Upon termination of Your rights under this Agreement, You shall no longer be permitted to use the Spintime™ Service; and Our contracted data processor acting as the agent of the Spintime™ Service shall be entitled, jointly and severally, notwithstanding any agreement otherwise to resolve disputes by arbitration, to sue in a court of law and to receive as remedies, in addition to all remedies at law, declaratory relief, specific performance, injunction and other equitable remedies in respect of Your foregoing obligations or breach of any of them. The rights and remedies of CGS, LLC and its agent shall survive any termination or restriction of Your rights under this Agreement and otherwise as a user of the Spintime™ Service.
12. DISCLAIMER OF WARRANTIES; YOUR ASSUMPTION OF RISK
TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE Spintime™ SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF SECURITY OR SATISFACTORY QUALITY, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NON-INFRINGEMENT OF "THIRD PARTY" RIGHTS. NONE OF CGS, LLC, OR OUR CONTRACTED DATA PROCESSOR OR ANY OTHER AGENT OR CONTRACTOR OF CGS, LLC WARRANTS OR GUARANTEES THAT: (A) YOUR ENJOYMENT OF THE Spintime™ SERVICE WILL NOT BE INTERFERED WITH OR BE CONTINUOUSLY AVAILABLE, OR (B) THE SERVICE, SOFTWARE AND CONTENT WILL BE FREE OF ANY VIRUS, CORRUPTED DATA OR OTHER HARMFUL, DISRUPTIVE OR DESTRUCTIVE CODE OR FILES, OR (C) THE FUNCTIONS OR CONTENT CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE Spintime™ SERVICE WILL MEET YOUR REQUIREMENTS, OR (D) THE OPERATION OF THE Spintime™ SERVICE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE, OR (E) DEFECTS IN THE SERVICE OR CONTENT WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY SPOKESMAN FOR THE Spintime™ SERVICE OR FOR A DATA PROCESSING CONTRACTOR OF CGS, LLC OR A REPRESENTATIVE OF EITHER OF THEM SHALL CREATE A WARRANTY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER CGS GROUP, LLC NOR ANY CONTRACTED DATA PROCESSOR OF CGS GROUP, LLC ASSUMES ANY RESPONSIBILITY AND HEREBY AFFIRMATIVELY DISCLAIMS RESPONSIBILITY AND LIABILITY FOR ANY ERRORS OR OMISSIONS ON OR IN THE Spintime™ SERVICE, AND THE SOFTWARE AND THE CONTENT OF THE Spintime™ SERVICE. THIS DISCLAIMER APPLIES TO (AMONG OTHER THINGS) (A) ANY ERRORS OR OTHER INACCURACIES, (B) "THIRD-PARTY" MATERIALS AND ANY OTHER PRODUCTS, AND (C) ANY OFFERS OR SERVICES OF THE Spintime™ SERVICE; AND SHALL SURVIVE TERMINATION OF YOUR ACCOUNT AND TERMINATION OF THIS AGREEMENT. THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE Spintime™ SERVICE AND RELATED SOFTWARE AND CONTENT, INCLUDING ANY VISIT TO OR ANY BUSINESS TRANSACTION WITH ANY Spintime™ SERVICE PARTNER OR OTHER DESTINATIONS, OR USE OF ANY "THIRD-PARTY" MATERIALS, REMAINS WITH YOU AND EACH OTHER RESPECTIVE USER OF THE Spintime™ SERVICE. SHOULD THE Spintime™ SERVICE OR CONTENT PROVE DEFECTIVE IN ANY WAY, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU ASSUME THE ENTIRE RISK AND THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF YOUR DEVICE.
13. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, NEITHER THE Spintime™ SERVICE NOR ANY CONTRACTED DATA PROCESSOR OF THE Spintime™ SERVICE NOR ANY AFFILIATE, LICENSOR OR VENDOR OF EITHER OF THEM, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, MEMBERS, OWNERS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS (COLLECTIVELY, "RELEASED PARTIES") SHALL BE LIABLE FOR (A) ANY DECISION MADE OR ACTION TAKEN OR OMITTED BY YOURSELF OR ANYONE ELSE IN RELIANCE UPON THE Spintime™ SERVICE, THE SOFTWARE OR THE CONTENT, OR (B) FOR LOSS OR INACCURACY OF DATA, OR (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (D) UNAUTHORIZED ACCESS TO OR ALTERATIONS OF YOUR ACCOUNT, DEVICE OR INFORMATION; OR (E) UNAVAILABILITY OF OR INABILITY TO ACCESS THE SOFTWARE, AND/OR THE CONTENT, OR (F) ANY DAMAGE TO YOUR DEVICE OR OTHER PROPERTY WHICH IS CAUSED BY YOUR OR ANY OTHER USERS USE OF THE SERVICE, THE SOFTWARE OR THE CONTENT; OR (G) ANY LOSSES OR LIABILITIES WHICH RESULT FROM YOUR OR ANYONE ELSE'S USE OF THE Spintime™ SERVICE, THE SOFTWARE OR CONTENT WITH EQUIPMENT AND SYSTEMS WHICH DO NOT MEET THE SPECIFICATIONS FOR THE SERVICE PUBLISHED OR OTHERWISE MADE AVAILABLE BY THE Spintime™ SERVICE OR ITS CONTRACTED DATA PROCESSOR, OR (H) ANY LOSS ALLEGEDLY ARISING OUT OF YOUR PARTICIPATION IN ANY FREE GAME OF CHANCE PROMOTION AVAILABLE THROUGH THE Spintime™ SERVICE, OR (I) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFIT OR OPPORTUNITY, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER LOSS OF DATA, OR ANY OTHER PECUNIARY LOSS) (ALL) ARISING OUT OF THE USE OF, OR INABILITY TO USE, OF THE Spintime™ SERVICE, THE SOFTWARE OR THE CONTENT, EVEN IF CGS GROUP, LLC OR ANY OTHER RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL ANY CONTRACTED DATA PROCESSOR ASSISTING CGS, LLC OR, ACTING AS ITS AGENT OR OTHERWISE OR ITS AFFILIATES, OR THEIR RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS OR OWNERS, BE RESPONSIBLE OR LIABLE FOR ANY (I) "THIRD-PARTY" MATERIALS OR ANY NEGLIGENCE, WILLFUL MISCONDUCT OR OTHER ACT OR OMISSION OF ANY SERVICE "PARTNERS" OR ANY OTHER "THIRD PARTIES" OR (II) ANY PERSONAL INJURY, BODILY INJURY, DEATH OR DAMAGE TO PROPERTY WHICH OCCURS AT ANY DESTINATION OR ON THE PREMISES OF ANY SERVICE "PARTNERS" OR ANY OTHER "THIRD PARTY" OR WHICH IS OTHERWISE CAUSED BY A SERVICE "PARTNER" OR ANY OTHER "THIRD PARTY" OR SUCH "THIRD PARTY'S" PRODUCTS OR SERVICES. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE ENTIRE LIABILITY UNDER THIS AGREEMENT OF CONTRACTED DATA PROCESSOR ASSISTING CGS GROUP, LLC (REGARDLESS OF THE FORM OF ACTION OR CLAIM) SHALL IN NO EVENT EXCEED ONE THOUSAND DOLLARS ($1,000.00). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE-STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. INDEMNIFICATION
To the fullest extent not prohibited by applicable law, You shall indemnify, defend and hold harmless CGS Group, LLC, the contracted data processor of CGS Group, LLC, and all other Released Parties, jointly and severally, against any claims, demands, actions, losses and liabilities, and related costs and expenses incurred by them or any of them (including and not limited to reasonable attorney's fees, costs of defense and costs of investigation), which result from any breach of any covenant, representation or warranty by Yourself under this Agreement, and any violation of the intellectual property rights of a contracted data processor assisting CGS Group, LLC and/or its licensors, and/or any violation of applicable law by Yourself or any other user which gained access to the Spintime™ Service through You, or under Your account, or at Your direction, or under Your supervision or with Your permission.
15. EQUITABLE REMEDIES
Your violation(s) of this Agreement may be investigated, and appropriate legal action may be taken, including, without limitation, civil, criminal, declaratory and/or injunctive redress. You agree that monetary damages may not provide a sufficient remedy to CGS Group, LLC or its contracted data processor for Your violations of this Agreement. Accordingly, over and above other remedies available to CGS Group, LLC, or its contracted data processor and of the Released Parties characterized as such in Section 13 of this Agreement, You consent to the application of injunctive, declaratory or other equitable relief for such violations, to the maximum extent not prohibited by applicable law.
16. USER SUPPORT
For support, you may use any of the following:
- Go to www.spintime.app and enter the support chat
- Email the 24-hour support desk of the Spintime™ Service at [email protected]
- Submit Your support request in writing to Spintime, Post Office Box 353, Kings Mountain, NC 28086