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TERMS AND CONDITIONS - APP

These “Terms and Conditions” are applicable to the registration and use of the Fluttr Spin The Bottle App; whoever registers and uses the app, will be given the status of “user.”

The owner of the app is DIAMOND RESERVE LLC, who is domiciled in the United States.

The registration and use of the app by the user(s) indicates the absolute acceptance of these terms and conditions and the privacy policy. The access, navigation and use of this and without reservation of all the terms and conditions presented in this document on its use, have the same validity and effectiveness as any contract concluded in writing and signed. Its observance and compliance will be enforceable with respect to any person who accesses, browses or uses it. Therefore, if you disagree with the terms set forth herein, do not access, browse or use the app.

USERS:

Adults: Each user guarantees and declares that they are over 18 years of age to access the app and register, to be competent to understand and accept without reservation the obligations, affirmations, representations, and guarantees established in these terms and conditions. DIAMOND RESERVE LLC, disclaims its responsibility in the event that the information provided in this regard is not true.

GENERAL USE

OBLIGATIONS – RESPONSIBILITY AND SANCTIONS

The user, to use and/or participate in any of the activities on the website, must create an account in the app, and register with all the information and personal data that is requested. Said data will be incorporated into a database, whose owner is DIAMOND RESERVE LLC and will be subject to the privacy policy published on this website.

The registration and use of the account is subject to the following terms and conditions:

 An Account may be created only if: (i) you are an “individual” (Corporations, Limited Liability Companies, partnerships, and other legal or business entities are not authorized to establish an Account); and (ii) is not an individual to whom DIAMOND RESERVE LLC has prohibited access to the platform.

All information provided by the user through the app forms must be true. For these purposes, the user guarantees the authenticity of all the data communicated and will keep the information updated in such a way that it responds, at all times, to the user’s real situation. In any case, the user will be solely responsible for the false or inaccurate statements made and the damages caused toDIAMOND RESERVE LLC or to third parties for the information you provide falsely or erroneously.

The user’s account is personal and non-transferable. The password must be generated by the user in accordance with the robustness and complexity rules established at any time by DIAMOND RESERVE LLC The password created by the user will have unlimited validity in time.

Notwithstanding the foregoing, DIAMOND RESERVE LLC has the necessary functional capabilities so that the user can change his password, when he deems it appropriate, for example, because he suspects or constantly that the confidentiality of the password has been breached.

The password is personal and not transferable. Therefore, the user agrees to make diligent use of his password and keep it secret, not transmitting it to any third party and not to DIAMOND RESERVE LLC Consequently, users are solely responsible for the proper custody and confidentiality of each identifier and/or passwords they have selected as registered users of the app.

If due to negligence/recklessness of the user in the custody of their password, it is used by third parties for illicit purposes, the user will be solely responsible for the damages that their actions cause to DIAMOND RESERVE LLC, other users or third persons.

It is the user’s obligation to immediately notify DIAMOND RESERVE LLC about any fact and/or circumstance that allows the improper use of identifiers and/or passwords by third parties, such as theft, loss, or unauthorized access to them, in order to proceed with their immediate cancellation. As long as such facts or circumstances are not communicated to DIAMOND RESERVE LLC, DIAMOND RESERVE LLC will be exempt from any legal responsibility that could be generated by the damages and losses.CIOs suffered by the user, other users, or third parties.

It will be the sole responsibility of the user to ensure that their systems and digital infrastructures are adequate and necessary for the correct use of the app, as well as their configuration, especially with regard to security systems.

DIAMOND RESERVE LLC You will have the right to monitor or record your communications when you use Fluttr Spin The Bottle, and you agree that you will have no expectation of privacy with respect to what you communicate through the app. DIAMOND RESERVE LLC You will have the right to disclose your communications for any reason, including: (a) to comply with any applicable law, regulation, legal process, or governmental request; (b) enforce the provisions of these Terms and Conditions or any other policy or regulation of DIAMOND RESERVE LLC; (c) protect the resources and legal rights of DIAMOND RESERVE LLC; (d) protect the health or safety of anyone DIAMOND RESERVE LLC consider you are in danger; (e) report any crime/illicit or offensive behavior.

The acceptance of these Terms and Conditions implies the obligation of the participants to collaborate with the marketing and advertising elements required by  DIAMOND RESERVE LLC.

Violations by action or omission of these Terms and Conditions of Use will generate the right in favor of DIAMOND RESERVE LLC to suspend the User who has made them.

The user agrees to use the app, in accordance with these Terms and Conditions, correctly and lawfully. Otherwise, DIAMOND RESERVE LLC may suspend the user’s account, considering it: violating these terms and conditions and / or the Privacy Policy of this app, offensive, illegal, violating the rights of third parties, contrary to morals and good customs and threatening the security of Other users.

The user agrees to:

Do not access restricted data or attempt to breach security barriers to access it.

Do not disclose information about the detection of vulnerabilities found on the website.

Communicate to DIAMOND RESERVE LLC any information to which it has access that could imply a compromise to the security of the information or operation of the app.

LIMITATIONS OF USE OF THE APP

The User agrees to make appropriate use of the content, materials and services that  DIAMOND RESERVE LLC offers in the app and not to use them to engage in illicit activities or contrary to good faith and the legal system.

DIAMOND RESERVE LLC prohibits the use of the app and the public file transfer space (FTP) on its network to store, use, fix, reproduce, or distribute obscene material or material that violates or infringes good customs, intellectual property rights, trademarks, patents, propaganda of a racist, xenophobic, pornographic-illegal nature, advocating terrorism or attacking human rights, or any right owned by third parties as well as material and/or applications that allow or facilitate criminal activities. Links to such materials are also prohibited.

DIAMOND RESERVE LLC reserves the right to remove such content from its servers. Examples of unacceptable content or links: Piracy of software, phonograms, graphic or audiovisual works. Pornography, applications to perform denial of service.

DIAMOND RESERVE LLC will be the sole arbiter as to what constitutes a violation of this provision.

Failure to comply with any of the above obligations by the user may lead to the adoption by DIAMOND RESERVE LLC of the appropriate measures protected by Law and in the exercise of their rights or obligations, being able to reach the elimination or blocking of the offending user’s account, without the possibility of any compensation in their favor.

In order for the app to be a safe environment and to protect our users, it is strictly prohibited to publish content:

  • That may be considered as a violation in any way of the fundamental rights to honor, personal and family privacy or the image of third parties and especially minors;
  • That includes photographs that collect images or personal data of third parties without having obtained the appropriate consent of their owners;
  • That violates the secrecy of communications or that involves an infringement of intellectual and industrial property rights or of the regulations governing the protection of personal data;
  • That contain any material or information that is illegal, racist, obscene, pornographic, abusive, defamatory, misleading, fraudulent or in any way contrary to morality or public order or these Terms of Use;
  • That contain “spam” and/or links to sites unrelated to the corresponding space;
  • That includes advertising or commercial communications, for the issuance of messages for advertising purposes or to collect data for the same purpose.

The user who fails to comply with these prohibitions will be legally responsible for any claim that occurs as a result of it. Even if there is no claim from a third party, DIAMOND RESERVE LLC reserves the right to prevent access to the user’s app or the possibility of participating in the spaces enabled in it.

Likewise, DIAMOND RESERVE LLC ensures strict compliance with the above conditions, and in the event of any improper use of the content presented in the app, it will exercise all administrative, civil, commercial and criminal actions that may correspond to them.

DIAMOND RESERVE LLC does not assume any responsibility for the publications made by users; however, it reserves the possibility of supervising and/or moderating any content published by users and, in the event that they violate these Terms of Use or the Privacy Policy, DIAMOND RESERVE LLC You will have the power to edit or delete it. Also if you. If you find any information or content in the app that may be inappropriate, contrary to current regulations or contrary to the Conditions of Use of the app, please notify DIAMOND RESERVE LLC immediately. through the different means available for it.

DIAMOND RESERVE LLC will not be responsible for the infractions carried out by any user of the app that affect any other user of the app or third parties, including those that refer to intellectual property rights, copyright, trademarks, patents, confidential information and/or any other right of intellectual or industrial property. Likewise, it will not be responsible for the infractions of a user to the personal privacy, honor and/or own image of another User or a third party; The only person responsible will be the offender, whether it is about statements made in forums, User opinions or audiovisual materials provided by the User, in the event that said functionalities exist.

The User accepts his responsibility and the consequences derived from the infraction of these regulations, forcing himself to keep DIAMOND RESERVE LLC harmless of any claim for this reason.

CESSION OF RIGHTS

DIAMOND RESERVE LLC may transfer content made available by app users to any company in its business group, in order to include them in the programming of any of the channels it manages or any of the programs it produces for third parties, including televisions. premises, news services, agencies, etc.

For this purpose, the user of the app assigns to DIAMOND RESERVE LLC, in any of the audiovisual signals of which they are the registered owner and/or in any audiovisual signal owned by related companies or third parties, anywhere in the world without limitations on time or the amount of emissions; display, reproduce, market and/or distribute the Audiovisual Content or texts, by itself or through third parties, individually or jointly, in any existing or future television system and/or in any other format or means of broadcasting images and sounds (including home video, DVD, VOD, Webcasting and IPTV) created or to be created, with no time, territorial or number of broadcast limitations; 3) translate and/or subtitle and/or dub the Audiovisual Content or texts into any language that it deems appropriate to its interests, without owing any consideration whatsoever, edit the Audiovisual Content or text. Likewise, you may choose to partially eliminate or not transmit part of it without this generating the right to claim and/or any economic compensation in favor of the user, expressly empowering the latter to assign them in turn to third parties, the rights of reproduction, public communication , transformation and distribution of audiovisual content and texts included on the Web, for exploitation through both the Internet and any other means of exploitation, using any technology. The rights will be understood as assigned without limit of time and territory.

LIMITATIONS OF LIABILITY AND WARRANTIES

The acceptance of the terms of these conditions of use implies the user’s agreement with the use of the contents and/or services, using them at their own risk and expense.

DIAMOND RESERVE LLC is deeply committed to ensuring that the service works correctly and in accordance with the conditions agreed upon by the users.

DIAMOND RESERVE LLC cannot guarantee the reliability, usefulness or veracity of absolutely all the information and/or services of the app, nor the usefulness or veracity of the documentation made available through it. Consequently, DIAMOND RESERVE LLC does not guarantee and is not responsible for:

The continuity of the contents of the app

The absence of errors in said content

The absence of viruses and/or more harmful components in the app or in the server that supplies it

The invulnerability of the app and/or the impossibility of violating the security measures adopted in it

The lack of usefulness or performance of the contents of the app

The damages or losses caused, to himself or to a third party, by any person who violates the conditions, rules and instructions that DIAMOND RESERVE LLC set in the app or through the breach of the app’s security systems.

DIAMOND RESERVE LLC declares that it adopts all the necessary measures, within its possibilities and the state of the art, to guarantee the operation of the app and minimize system errors, both from a technical point of view and from the content published in the app .

DIAMOND RESERVE LLC does not guarantee the legality, reliability, and usefulness of the content provided by third parties through the app. If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the Laws or that could imply an infringement of the rights of third parties, they must notify DIAMOND RESERVE LLC immediately. so that it can proceed to adopt the pertinent measures.

DIAMOND RESERVE LLC will not be responsible for the veracity, integrity or updating of the information published in the app from sources other than the app, nor for that contained in other platforms to which it is linked from the app. DIAMOND RESERVE LLC will not assume responsibility for hypothetical damages that may arise from the use of the aforementioned information.

In any case, DIAMOND RESERVE LLC reserves the right to suspend, modify, restrict or interrupt, either temporarily or permanently, access, browsing, use, hosting and/or downloading of the content and/or use of app services, with or without prior notice to users. Users who contravene any of the provisions detailed in these conditions of use, without the possibility of the user to demand any compensation for this cause.

AUTHORIZATION

Users authorize DIAMOND RESERVE LLC to disseminate their names, documents, address, voices and images and those of their relatives, for commercial purposes, in the means and forms that DIAMOND RESERVE LLC has, and that the data registered to participate in the promotion integrate a database that may be used by DIAMOND RESERVE LLC and the sponsor, without any right to compensation. In this way DIAMOND RESERVE LLC and the sponsors reserve the right to carry out the advertising, press, promotion, publication and dissemination actions that they deem appropriate for the participants of the platform.

With their registration and creation of an account in the app, users expressly consent to the use and dissemination of their Names, Surnames and Type and Number of Documents and Images (image and voice) by the advertising and communication media that DIAMOND RESERVE LLC dispose.

By virtue of this authorization, users will not be entitled to compensation, payment or any consideration for the dissemination and/or use mentioned above.

COMPENSATION

 

You hereby agree to defend, indemnify and hold DIAMOND RESERVE LLC harmless from any claim, liability, loss, damage, cost or expense incurred by DIAMOND RESERVE LLC as a result of the use that you make. The Account, the Game(s), specific services—or features related thereto—including, but not limited to, User Content, Custom Games, and this Agreement. As certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of DIAMOND RESERVE LLC will be limited to the maximum extent permitted by law.

The user accepts that DIAMOND RESERVE LLC would be irreparably damaged if these terms and conditions are not followed to the letter and are not strictly enforced. Therefore, you accept that DIAMOND RESERVE LLC You shall have the right, without the need to post any bond, surety or proof of damages, to seize remedies in equity with respect to your breach hereof. Likewise, you also agree that the fact that equity resources are granted to DIAMOND RESERVE LLC will not limit the company’s ability to receive resources to which it would have access under applicable laws.

PERIOD AND EXTINCTION

For the user, the validity of these terms and conditions will begin when you establish an account in the app and will remain in force for a reasonable period of time.

The user will have the right to unsubscribe from the app at any time, they only have to notify DIAMOND RESERVE LLC through the channels arranged for this.

DIAMOND RESERVE LLC reserves the right to unsubscribe the user at any time and for whatever reason, or for no reason some. By way of illustration, not limitation, most account suspensions and closures are the result of violations of these terms and conditions. In case of minor infractions of the rules set forth herein, DIAMOND RESERVE LLC may give a prior warning to the user, or suspend their use of the account due to non-compliance, before giving the final withdrawal, eliminating the user’s account.

The fact that DIAMOND RESERVE LLC failure to exercise any of the powers or provisions of this agreement shall not, under any circumstances, be construed as (1) a waiver of such provision(s), or (2) the loss of the right to exercise such provisions.

DIAMOND RESERVE LLC You may assign this Agreement, in whole or in part, to any person or entity at any time, with or without your consent. You may not transfer this agreement without the express written authorization of DIAMOND RESERVE LLC Any transfer of the present without prior written authorization of DIAMOND RESERVE LLC will be invalid.

FORBIDDEN ACTIVITIES

If the user views in our app content that seems illegal, harmful or offensive, we would appreciate it if you notify us through this email address: contact@fluttrspinthebottle.com

Listed below are some prohibited rules and conduct:

It is totally forbidden to have more than one account on the platform.

The use of bugs, exploits or external programs, whether or not they alter the gaming experience, in order to gain an advantage over the rival or over NIVERIN DEVS is strictly prohibited. to get prizes.

The following actions are prohibited and imply the blocking of the user in the activity/banning of the platform:

Disrespect the rival, DIAMOND RESERVE and its members, administrators, organizers, etc.

Lying at a party protest.

Falsifying evidence in order to obtain victory in a match.

Voluntarily giving wins between accounts

Agree results.

 

The following activities are expressly prohibited, without prejudice to those set forth above:

Harass, harass, threaten, and perform acts of vandalism towards other users.

Infringing the privacy rights of other users.

Request personally identifiable information from other users for the purpose of harassing, attacking, exploiting, violating their privacy;

Intentionally publish insults or slander against other users, DIAMOND RESERVE, or third parties.

Posting, with the intent to mislead, false or inaccurate content

Attempt and/or impersonate another User, falsely represent your affiliation with any individual or entity, or use another User’s name for the purpose of misleading;

Promote, advocate, or display pornography, obscenity, vulgarity, profanity, hate, bigotry, racism, and/or violence.

Violate and/or violate the established rights of protection of personal data.

 

MODIFICATION OF THE TERMS AND CONDITIONS

DIAMOND RESERVE reserves the right to modify all or part of these Terms and Conditions at any time, provided that it is deemed necessary for the normal development of the app. Any modification will be communicated through the app.

Likewise, it is established that the communications received by the user, from the web or email by DIAMOND RESERVE related to these terms and conditions and privacy policy will form part of them.

 

INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

DIAMOND RESERVE is the owner or, where appropriate, has the corresponding licenses on the intellectual and industrial property exploitation rights of the app, as well as all the content offered on it, including the platform itself, texts, photographs or illustrations, logos, trademarks, graphics, designs, interfaces or any other information or content and the services available through it. Likewise, DIAMOND RESERVE affirms that it is the owner of the source code, design, navigation structure, databases and different software elements of the app.

In no case will it be understood that the access, navigation and use of the app by the user or the use of the products and/or services offered by DIAMOND RESERVE through its app, implies a waiver, transmission, license or total or partial transfer of said rights by DIAMOND RESERVE

The user has the possibility of using the contents and/or services of the app within a strictly domestic environment and solely for the purpose of enjoying the benefits of the services that it offers in accordance with these Conditions of Use.

References to trademarks or registered trade names or other distinctive signs, whether owned by DIAMOND RESERVE or third party companies, implicitly prohibit their use without the consent of DIAMOND RESERVE or their legitimate owners. At no time, unless expressly stated otherwise, does the access, navigation, or use of the app and/or its contents confer on the user any right over distinctive signs included therein.

All intellectual and industrial property rights over the contents and/or services of the website are reserved and, in particular, it is prohibited to modify, copy, reproduce, publicly communicate, transform or distribute, by any means and in any form, the entire or part of the contents included in the app, for public or commercial purposes, if you do not have the prior, express and written authorization of DIAMOND RESERVE or, where appropriate, of the owner of the corresponding rights.

Likewise, it is prohibited to delete or manipulate the copyright indications or other credits that identify the holders of rights of the contents that the User finds in the app, as well as technical protection devices, fingerprints or any protection or information mechanism. incorporated into the content offered in the app.

In the event that the User sends information of any kind to DIAMOND RESERVE. Through any of the channels enabled for this purpose, it declares, guarantees and accepts that it has the right to do so freely, that said information does not infringe any intellectual, industrial property, commercial secret or any other rights of third parties and that said information does not is confidential and is not harmful to third parties.

In this sense, the user acknowledges and accepts that, by registering and participating in the app, they assign DIAMOND RESERVE LLC all the rights necessary for the app to work correctly, specifically at an enunciative and non-limiting level: the right to keep the user’s content on the servers, adapting it to the technical needs of each moment, the right to show it to other users, depending on the level of privacy chosen and, the right to use them for events and activities of the different games and competitions organized in the app and for press and promotional purposes. The rights will be understood as assigned without limitation of time and territory.

The User acknowledges assuming responsibility, leaving DIAMOND RESERVE LLC harmless. for any communication provided personally or on his behalf, reaching said responsibility, without any restriction, its accuracy, legality, originality and ownership of it.

If the user becomes aware of the existence of any content that is illicit, illegal, contrary to the Laws or that could imply an infringement of intellectual and/or industrial property rights, they must notify DIAMOND RESERVE LLC immediately. through the email address contact@fluttrspinthebottle.com that it can proceed to the adoption of the appropriate measures.

Likewise, in the event that any User or a third party considers that any of the content of the app is the property of NIVERIN DEVS. violate their intellectual and/or industrial property rights, as well as any other right, they must send a communication to contact@fluttrspinthebottle.com with the necessary documentation proving such extreme.

APPLICABLE LAW – APP JURISDICTION AND ONLINE DISPUTE RESOLUTION

The terms and conditions of use presented here are governed by the laws of United States. In the event of any controversy regarding the interpretation or fulfillment of these, DIAMOND RESERVE LLC and the user submit to the national civil and/or commercial courts of Colombia.

Likewise, in case of having to formulate any type of claim in relation to the purchase of any good or service made through the app.

For any litigious issue derived from or related to this app, the United States legislation in force at the time of the dispute will apply, and we will submit to the ordinary Courts of the country, as well as, where appropriate, to the consumer arbitration courts or similar to those that we are adhered to at the time of the dispute.

To present claims in the use of our services, you can write to the email address contact@fluttrspinthebottle.com, committing ourselves to seek an amicable solution to the conflict at all times. 

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