Parana Games - Terms of Use

Parana Play Real Ltd. – Terms of Service

Effective as of May 1, 2024

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION ‎19 BELOW. YOU AGREE THAT ANY CLAIM OR DISPUTE AT LAW OR EQUITY THAT HAS ARISEN OR MAY ARISE PURSUANT TO THESE TERMS OR THE ACCESS OR USE OF THE SERVICES, AS DEFINED BELOW, WILL BE RESOLVED IN ACCORDANCE WITH SECTION ‎19 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. These Terms of Service (“Terms”) constitute a binding legal agreement between Parana Play Real Ltd. and its affiliates (collectively, “Parana“, “we,” “our,” or “us“) and you (“you” or “your“) and governs your access and use of all features, content, and other services provided by Parana, including, without any limitation, the website https://www.paranagames.com (“Website”) and gaming applications (“App(s)“; collectively “Service(s)“).

By creating an account or participating in any competitions and tournaments held at the Services, and after any change of these Terms by continued use of the Services, you affirmatively signify that you have read, understood, and agree to be bound by these Terms, our Privacy Policy as well as respective Promotion Rules (“Rules”), each incorporated herein by reference. If you do not agree to these Terms, Rules, or the Privacy Policy, you may not register an account or otherwise use or access the Services.

2. Use of our Services.

• The Services.

The Services include an online arena for mobile gaming challenges, cash competitions and cash tournaments, using applications, tools and services that we may provide from time to time.

All competitions and tournaments offered on the Services are games of skill. Winners are determined by an objective-criteria described in the rules of the game, scoring, and any other applicable documentation associated with the competition or tournament. In each competition, the individuals who use their relevant skills and knowledge to accumulate the highest winning score according to the corresponding rules will be the winner(s).

3. Prohibited Uses.

• You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services.

You may not (and shall not permit any third party to) to either:

• Take any action that; or
• Upload, submit, post, or otherwise distribute or facilitate distribution of any content or user submission on or through the Services that:
  • is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, tortuous, obscene, sexually explicit, insulting offensive, pornographic, or otherwise inappropriate, as may be determined by Parana’s sole discretion;
  • contains any harmful or malicious software or computer codes, files or programs that are designed or intended to damage, disrupt, interfere with or limit the proper functionality of any software or hardware, or that enables obtaining unauthorized access to any system, data, password or other information of Parana, its users, or any other individual or entity;
  • violates any right of publicity, or other right of any person or entity, or any law or contractual obligation, including without limitation rights pursuant to data protection, anti-spam and privacy laws and regulations;
  • involves commercial activity not expressly permitted by Parana;
  • infringes, misappropriates, uses or discloses without authorization, or otherwise violates any intellectual property rights or proprietary rights of any third party;
  • uses or launches any automated system, including without limitation, “robots,” “spiders,” “offline readers”, etc., that access the Services in a manner that sends more request messages to Parana’s servers than a human can reasonably produce in the same period of time;
  • impersonates any individual or entity, including, without limitation, employees or representatives of Parana; or
  • interrupts or attempts to interrupt the operation of the Services.

You shall be solely responsible for any and all content of any kind that you make available (by uploading or otherwise) or use through the Services.

• Unfair Methods. 

Anyone who engages in, participates in, or displays the behavior listed below may be considered, subject to Parana’s sole discretion, as employing unfair methods: 

• opening or using multiple accounts;
• using unauthorized or altered software or hardware to assist play;
• intentional poor play in certain games to achieve competitive advantage;
• collusion with other players (e.g. intentionally losing matches in cash competitions);
• deliberate transfer of money between accounts (e.g. money laundering);
• harassment of other participants;
• posting objectionable material;
• breach of these Terms; or
• breach of security of your account.

The above-mentioned behaviors, as well as any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or creates an unfair advantage, constitutes the commission of fraud (collectively, “Abuse“) and  will be subject to immediate sanction (as determined by Parana’s sole discretion), including without limitation:

• immediate termination of your account and blocking of your access to the Services;
• any prizes that you may otherwise have been entitled to receive shall be void and forfeited; and
• any prizes received by you shall be subject to disgorgement or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering or other illegal activity to law enforcement and regulatory authorities.

Notwithstanding the above sanctions, Parana reserves the right to seek damages and other remedies from you to the fullest extent permitted by law.

You further acknowledge that the forfeiture or return of any prize as a result of a violation of these Terms shall in no way prevent Parana from pursuing criminal or civil proceedings in connection with any Abuse.

3. Device Information.

To use our Services, a player must have an internet connection to connect to our servers, and we may collect certain information from you and your internet-enabled device (“Device”) in order to make the Services available to you, such as hardware system profile data, internet connection data and any other data related to the operation of the Service from any device that logs onto the Service using your account. We will use this information in accordance with our Privacy Policy.

We do not warrant that our Website or Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services, as updated from time to time.

4. Eligibility.

Our Services are intended solely for users who are eighteen (18) years of age or older (unless the applicable age of majority in your state of residence is higher), and any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.

You hereby agree and acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees or prizes or any other reference to Parana’s Services may govern your participation in competitions (“Gaming Laws“) and that Gaming Laws are set up by each individual state, country, territory, or jurisdiction. Therefore, we do not offer cash competitions (as defined below) to users participating in competitions in any state in which such competitions violate Gaming Laws (“Prohibited Jurisdiction“), and if you are located in any Prohibited Jurisdiction then you may not participate in cash competitions. In the United States, Prohibited Jurisdictions include: Arizona, Arkansas, Louisiana, Montana, South Carolina, Tennessee, Vermont and Washington. We reserve the right to include additional Prohibited Jurisdictions as determined in our sole discretion, and these Prohibited Jurisdictions are subject to change.

If we have any reason to believe that you are under the applicable legal age, or that you reside in a Prohibited Jurisdiction, we may terminate your account, delete any content or information that you have submitted to the Services, and prohibit you from using or accessing any portion, aspect or feature of the Services, including the Services in their entirety.

By accessing the or otherwise using the Services or the website, you represent and warrant that you:

• Are over the age of eighteen (18) or over the legal age of majority under applicable law in the jurisdiction in which you reside;
• Have the legal power to form a binding contract with Parana;
• Are physically located in a jurisdiction in which participation in the competition you select is unrestricted by that jurisdiction’s laws; and
• Agree to at all times abide by these Terms and all applicable laws.

If you do not meet all of these requirements, you must not access or use any of the Services, and we may suspend or close your account with or without notice.

5. Account Registration. 

In order to use some features within the Services, you may be required to register and create an account. Creating accounts requires you to provide us certain information about yourself as required in the Services. By registering to the Services, you agree to provide true and accurate information about yourself as required for use of the Services. You may only register for a single account and may not use or access multiple accounts at the same time.

Parana has the right to permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms.

• Creating Your Account.

When you create your account in the Services, you will need to provide certain information which may involve:

• A unique username and password;
• Contact information, such as your name, phone number, and email address;
• Payment and billing information; and
• Any other information we request on the account registration form.

• Account Security.

You are solely responsible for keeping your account information secure. We plead you to not share your account information with anyone and notify Parana right away if you have lost control of your password or credentials or in case you suspect there is unauthorized activity in your account.

You remain fully liable for any actions taken with respect to your account, regardless of whether these actions were taken by you or an unauthorized third party that has gained access to your account.

As the sole holder of your account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not give permission to any other person to:

• Access your account;
• Access the Services through your account; or
• Accept or use prizes from your account.

Neither your account nor prizes won from participating in competitions are transferable to any other person or account.

• Account Verification.

We reserve the right to verify all your registration details, such as your name, address, age, and payment methods used, at any time, by requesting certain documents from you. These documents shall typically include an identity card, proof of address such as a utility bill, and proof of your payment method. If deemed necessary, we may request that the said document copies be notarized, meaning that the documents are stamped and attested by a Public Notary. In the event you do not complete our requests for documents, we may at our sole discretion terminate your account, and withhold any funds that are present therein. 

You hereby agree to update any provided information or data or to provide additional information as part of ongoing efforts to prevent illegal and fraudulent activities, or to comply with our other policies. You agree that all information and data that you provide to us either at the time of registration or at any subsequent time will be truthful, accurate and verifiable in all respects and, by providing such information and data, you consent to us submitting it to third party providers of age verification and identification services to verify your account.

Parana reserves the right at any time to investigate your account and information, including performing background checks and credit checks, in order to ensure compliance with these Terms and our obligations and to ensure that no improper or illegal activity is or has taken place. In the event that we determine that your account has been involved in any illegal or improper activity, we reserve the right to terminate your account without notice or liability.

6. Publishing Your Data.

In order to encourage you and other users to succeed in our games, we may publish data to users in the games according to various categories of users and statistics, based on our sole discretion. We may publish such statistics and create informal competitions between various categories of users in a manner which shall be accessible to all users of the game.

7. Compliance with Laws.

You are solely responsible for your compliance with all applicable laws. Accessing our competitions may not be legal for some or all residents of, or persons present in, certain jurisdictions. Services and competitions are void where prohibited or restricted by applicable law. You hereby agree and acknowledge that your participation in such competitions is at your own risk, and you agree not to hold us responsible or liable if the laws of your jurisdiction restrict or prohibit your access or participation in the Services. We make no representations or warranties, express or implied, as to the lawfulness of your participation in any competition or use of Services, nor shall any person affiliated, or claiming affiliation, with us have the authority to make any such representations or warranties. We reserve the right (but have no obligation) to monitor the location from which you access the Services, and we may block you from accessing the Services from any Prohibited Jurisdiction.

You must comply with all applicable export and sanction laws and regulations (“Trade Controls”) and may not use, export, or transfer any portion of the Services or any related technical information or materials, directly or indirectly, except as authorized by such Trade Controls. The Trade Controls prohibit the use of the Services by any individual located in, under the control of, organized in, or a resident of any country or territory which is the target of sanctions by the U.S. government (currently, Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine), any countries designated as an “enemy”, that are not currently exempted, under Israel’s Trading with the Enemy Ordinance of 1939 (currently, Syria, Lebanon and Iran), or any country upon Parana’s sole discretion due to local legislation requirements or any other reason upon its sole discretion,  or anyone or any entity (or anyone or any entity 50% or more owned by such individual or entities) on any list of prohibited persons or entities maintained by the U.S., E.U. or Israeli governments, or by the jurisdictions in which the Services were obtained.

8. Third-Party Services.

The Services may provide links to third-party websites, apps, services, offerings, products or other activities that are not owned or controlled by us (“Third Party Services”). The links are provided to you as a convenience, and do not signify that Parana endorses or is liable in any way for the content, products, services or materials displayed or offered by such Third Party Services.

Your use of such Third Party Services is made at your own risk and shall be subject to the terms of use of such Third Party Services. You acknowledge that Parana has no liability for your use of Third Party Services. Any problems or complaints that you may have with regard to such Third Party Services should be directed to such third parties.

In case you have downloaded the Apps from the Apple, Inc. (“Apple”) App Store or if you are using the Apps on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and Parana only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Services. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (i) product liability claims; (ii) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services or your possession and use of the Apps infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Except as provided herein, there are no other third-party beneficiaries to these Terms.

9. Limitation of Liability.

By using the Services, you understand and agree that Parana’s liability in connection with your use of the Services is as set forth below. Under no circumstances shall Parana, its parents, subsidiaries, or affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, the “Parana Entities and Individuals“), be liable to you for any loss or damages of any kind (including, without limitation, for any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) that are directly or indirectly related to: (i) the Website, App, the Services, or your uploaded information; (ii) the use of, inability to use, or performance of the Services; (iii) any action taken in connection with an investigation by Parana or law enforcement authorities regarding your use of the Services; (iv) any action taken in connection with copyright owners; or (v) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Parana Entities and Individuals have been advised of the possibility of such damages, whether in an action of contract, negligence, or strict liability tort. In no event will the Parana Entities and Individuals be liable to you or anyone else for loss or injury, including, without limitation, death or personal injury, arising from your use of the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

The Parana Entities and Individuals are not responsible for any damage to your and any third parties’ computer, hardware, computer software, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bug, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.

In no event shall the Parana Entities and Individuals’ total liability to you for all damages, losses, or causes of action exceed one hundred U.S. Dollars ($100). This limitation of liability shall apply to third party claims as well as claims between the parties. If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

If you are dissatisfied with any of the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. You recognize and confirm that in the event you incur any damages, losses or injuries that arise out of Parana’s acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of the Services or other properties owned or controlled by Parana or its parents, subsidiaries, or affiliates, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of the Services, your uploaded information on the Services, or any and all activities or actions related thereto.

By accessing the Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected. Accordingly, you agree to waive the benefit of any law that otherwise might limit your waiver of such claims, including, to the extent applicable, California Civil Code section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

10. Disclaimer of Warranties.

You acknowledge and agree that you assume full responsibility for your use of the Services and any other content you upload to or make available through the Services. You acknowledge and agree that your use of the Services is at your own risk. You acknowledge and agree that any information you send or receive during your use of the Services may not be secure and may be intercepted or later acquired by unauthorized parties. The Services are provided to you on an “as is” and “as available” basis, without any warranty of any kind, either expressed or implied. All online services suffer from occasional disruptions, and as Parana strives to keep all Services available to you at all times, you hereby agree and warrant that Parana is no exception to those disruptions. All information provided on the platform is subject to change without notice.

Parana does not warrant or guarantee protection from viruses or any other computer system malware. Parana does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Parana does not guarantee that any competitions you participate in will be fair or that other players will not cheat in such games. We do not and cannot guarantee that the use of our Services will generate you any profits. We do not and cannot take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to the extent such jurisdiction’s law is applicable to these Terms. In such jurisdictions, the liability of Parana shall be limited to the fullest extent permitted by law. Additional disclaimers may appear within the Services and are incorporated herein by reference. To the extent any such disclaimers place greater restrictions on your use of the Services, or the content contained therein, such greater restrictions shall apply.

Parana is not responsible in any way for the games you play or for your Device, including for any communication or other errors in such games or Device, and such errors might be counted as losses in competitions you participate in. Parana does not provide any warranty to you regarding the Services, Apps or any service or content made available through the Services and expressly disclaims: availability, accuracy of the information displayed about game statistics, technical errors in the games, usability, quality, appropriateness, reliability, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose.

11. License to Use Our Services.

Subject to these Terms, Parana grants you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms.

As part of the license granted to you, you may not directly or indirectly, or authorize any person or entity to:

• Network the Services among devices.
• Reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow, or assist others to create the source code of the Services, or its structural framework;
• Create derivative works of the Services;
• Use the Services in whole or in part for any purpose except as expressly provided herein; or
• Disable or circumvent any access control or related device, process or procedure established with respect to the Services.

You are responsible for all use of the Services via your Device or that are under your possession or control.

12. Parana’s Intellectual Property Rights.

The Apps, Website, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Virtual Items (as defined below), and any part thereof, including derivative works of Parana and other companies serviced by Parana, are the property of Parana or their respective owners. You agree, as a user of Parana’s Services, not to use, copy, reproduce, publish or borrow any other content or trademarked work without explicit permission from Parana. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Services.

You may choose to or we may invite you to submit your comments or feedback about the Services, including without limitation about how to improve our Services (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Parana under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (i) you have the right to disclose the Feedback; (ii) the Feedback does not violate the rights of any other person or entity; and (iii) your Feedback does not contain the confidential or proprietary information of any third party; (iv) Parana is under no obligation of confidentiality, express or implied, with respect to the Feedback; (v) acknowledge that we may have something similar to the Feedback already under consideration or in development; (vi) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback; and (vii) irrevocably waive, and cause to be waived, against Parana any claims and assertions of any moral rights contained in such Feedback. This Feedback section will survive any termination of your account or the Services.  

Except as expressly set forth herein, no right or license is granted hereunder, express or implied, to any intellectual property rights and your use of the Services does not convey or imply the rights to use the Services in combination with any other information or products.

13. Virtual items.

Our Services may include virtual in-game currency, including but not limited to virtual coins, points, credits, bonuses or chips for you to purchase and use in the Service (“Virtual Items“).  Virtual Items are licensed to you by us for your personal use through the Services, subject to the limitations and other terms set out in greater detail below.

When you purchase Virtual Items, you may be required to pay a fee using “real world” money to obtain the Virtual Items. Virtual Items can never be redeemed or cashed out for “real world” money, goods, or any other item of monetary value from Parana or any other party. You agree and understand that you have no right or title in the Virtual Items appearing or originating in any of our Services, whether “awarded” in a game or “purchased” from Parana, or any other attributes associated with an account or stored on the Services. Your purchase of Virtual Items is final, non transferable, exchangeable or refundable, except in Parana’s sole discretion. You may not transfer, purchase, sell, exchange, trade or sublicense Virtual Items outside the Services, or attempt to sell, give or trade in the “real world” anything that appears or originates in the Services unless otherwise expressly authorized by Parana in writing.

Any such transfer is a violation of these Terms and void, and may result in termination of your account and legal action may be taken against you. Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items appearing or originating with the Services, or any other attributes associated with the use of the Services or stored within the Services.

Parana retains the right to manage, regulate, control, modify or eliminate Virtual Items at its sole discretion, and Parana shall have no liability to you or anyone for the exercise of such rights. Prices and availability of Virtual Items are subject to change without notice. In addition to the foregoing, Parana may selectively remove or revoke Virtual Items associated with your account in its sole discretion.

Virtual Items may only be held by legal residents of countries where access to and use of the Services are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on our Services or otherwise expressly authorize. Parana does not recognize any purchases or transfers made outside of the Service on any other platform or e-commerce website, and shall not be liable for any claims or damages caused to the users with respect to Virtual Items purchased or obtained from third parties, and not through the means provided within the Services.

You acknowledge that Parana is not required to provide a refund for any other reason, and that you will not receive money or other compensation for unused Virtual Items when an account is closed, whether such closure was voluntary or involuntary. All Virtual Items are forfeited by you if your account is terminated or suspended for any reason, in Parana’s sole and absolute discretion, or if the Services are no longer available. If your account is terminated, suspended or if any Virtual Items are selectively removed or revoked from your account, no refund will be granted, no Virtual Items will be credited to you or converted to cash or other forms of reimbursement.

14. Modification of Terms or Services.

Parana has the right, at any time and in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, without prior notice. You hereby agree that Parana may notify you of any updated or new Terms by posting notice on the Services so that they are accessible via a link from the home page or by providing you notice at the email address associated with your account. All such changes are effective immediately when we post them, or at such later date as may be specified in the notice of updated Terms. If you continue to use the Services after such notice is published, you hereby consent and accept the changes to the Terms. The most updated version of these Terms will govern your use and access of the Services, including without limitation any content made available on or through the Services. If you object to any such changes, your sole recourse is to cease using our Services and accessing your account. 

We reserve the right, at any time and from time to time, temporarily or permanently, with or without notice, in whole or in part, to:

• stop offering or supporting the Services or any particular game or part of the Services;
• terminate or suspend your license to use the Services or any part of it;
• modify or discontinue the Services;
• modify or remove any of the information contained in the Services;
• limit the Services’ availability to any person, geographic area, or jurisdiction we choose;
• charge fees in connection with the use of the Services;
• modify or waive any fees charged in connection with the Services; or
• offer opportunities to some and all users of the Services. 

If that happens, Parana is not required to provide you with benefits, refunds or other compensation in connection with discontinued elements of the Services or for Virtual Items previously awarded or purchased.

You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, in whole or in part.

15. Winnings, Account Funds and Payments.

• Payment and Fees.

All fees and payments for Services that require your payments (“Fee(s)“) shall be made known to you prior to making a purchase or entry in any competition or tournament. If you agree to make a purchase or enter a competition, you agree to pay those Fees associated. All Fees are stated in U.S. Dollars (or the applicable currency), must be prepaid, and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. We may change the Fees at any time, but no price change will affect your past purchases. Unless otherwise required by law, all Fees are final, and no refunds are given. By providing us with a payment method, you hereby represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate, and you authorize Parana to charge you for the Service by using your payment method.

When making a purchase, you agree to pay us the applicable charges for your purchase, including applicable taxes incurred by you, using a valid charge card or other payment method we may accept in accordance with the billing terms and prices in effect at the time the fee or charge becomes payable.

If you believe that you have paid any Fees in error or that there are any billing problems or discrepancies, you agree to notify us within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies and we’ll not be liable for any losses resulting from the error and we won’t be required to correct the error or provide a refund.  If we identify a Fee error, we will correct that error within 90 days.

You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your account if for any reason a charge you authorize us to make to your credit card or other method of payment cannot be processed or is returned to us unpaid and, if such event occurs, you shall immediately remit to us payment for such charge through an alternative payment method.

• Non-Cash and Cash Players.

If you play a competition without depositing cash into your account for that competition, then you are a “Non-Cash Player” with respect to such competition. However, if you play in a competition that requires an entry fee paid in cause (“Cash Competition“), then you are a “Cash Player“. As a Cash Player, you hereby acknowledge and agree that we reserve the right to change the following at our sole discretion, without giving you prior notice:

• any method for evaluating your funds; and
• any withdrawal related rules, including the minimum withdrawal amount, withdrawal methods and withdrawal fees.

Upon a withdrawal request, you may be required to submit information such as: your full name, proof of age, proof of address, your ID, your phone number, and your credit card, other payment information or any other information required in our sole discretion. Failure to provide the required information to our satisfaction may result in our inability to process your withdrawal for any winnings. If you are a Cash Player, by submitting this information, you consent to allow us to share your personal and payment information in confidence with third party service providers for the purposes of validating your identity and assessing the transaction risk associated with accepting your selected method of payment, and for any other purposes as detailed in our Privacy Policy. If you make a credit card deposit, we may submit an authorization request to the issuing bank. In addition, your personal account (whether it’s a bank account, credit card, PayPal or other) may incur additional fees or commissions for receiving funds from your Parana account. We are not responsible for paying those fees or commissions even if such fees/commissions exceed the withdrawn amount itself.

• Bonus Funds.

We may, from time to time in our sole discretion, grant you free bonus funds or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn or used for any other service. When you enter a Cash Competition, we may deduct a certain amount of the Bonus Funds as an entry fee. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if it is the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in the currency applicable to your use of the Services. If you initiate a withdrawal of funds from your account, you will forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within a continuous ninety (90) day period, all Bonus Funds in your account will be forfeited.

• Withdrawals and Inactivity.

If you are a Cash Player, you may request a withdrawal of funds from your available account balance at any time. Processing of requested funds may take up to ninety (90) days; provided, however, that we may freeze your account or delay a request for withdrawal of funds pending completion of any investigation of reported or suspected abuse or fraud, verification of eligibility, or to comply with applicable laws.

If we unilaterally close or terminate your account due to your violation of these Terms, or if you choose to close your account, any funds in your account will be forfeited. If you want to withdraw funds from your account, you must do so before requesting to close your account.

Your account will be considered inactive if you have not entered at least one (1) competition or tournament for a period of six (6) consecutive months or more. If your account is deemed inactive, Parana reserves the right to charge you with a maintenance fee of $2.00 (or equivalent) per month (the “Monthly Maintenance Fee”). After five (5) or more months of inactivity, you will be notified by email associated with your account that if your account remains inactive for one (1) more month we may close it, at our sole discretion. The Monthly Maintenance Fee will be deducted from your account for each consecutive month that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account.

• Prizes and Awards.

Competition results and prize calculations are based on the final statistics and scoring results at the completion of the competition. Once competition results are reviewed and graded, prizes are awarded. The scoring results of a competition will not be changed regardless of any official statistics or scoring adjustments made at later times or dates, except in Parana’s sole discretion.
Parana reserves the right to cancel competitions at any time. In the event of a cancellation, all entry fees will be refunded to you except as specifically provided in these Terms or applicable rules.

Guaranteed prizes may be offered in connection with some of the competitions offered by the Services and will be made known in the Rules. Each competition is governed by its own set of rules. Parana encourages you to read such rules prior to entry.

• You must promptly notify us of any changes to your credit card account number, its expiration date or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of winnings, and pursuit of civil litigation or criminal prosecution.

You are solely responsible for recording, paying and accounting to any relevant governmental, taxation or other authority for any tax or other levy that may be payable on any winnings paid to you. Where required, we may send you federal or state tax forms or other appropriate form(s) to fill in. Without limiting the foregoing, we may withhold from your existing account balance or from future winnings any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws.

If you win a Cash Competition, you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners pursuant to these Terms and the development, production, distribution and exploitation (including marketing and promotion) of the selected contest and other Parana contests and Parana generally, unless otherwise prohibited by law. You agree that participation in and (where applicable) the winning of a prize in connection with a contest constitute complete compensation for your obligations under this paragraph, and you agree not to seek to charge a fee or impose other conditions on the fulfillment of these obligations. The Rules specific to certain contests may contain additional publicity obligations or may require a written signature on a separate publicity waiver.

16. Skill Matching, Historical Playthrough and Opponents.

Parana employs technological measures to ensure a fair matching experience for its players, which would always be based on the players’ assessed skill level.

Skill levels are determined based on various factors, including the players’ past scores and historical performance, the player’s improvement over time, the types of contests and their difficulty, as well as other relevant factors; Parana also employ fraud detection techniques aimed at ensuring that players do not circumvent our skill matching algorithm.

While Parana attempts to match players with real, live players, in certain instances and in order to provide players suitable matching, our algorithm may pair players with computer-generated opponents or historical playthrough of real players (namely, a score that a player received in the same game), which would always be of similar skill level to the opponent.

Such pairing would never impact the skill-matching logic; in all circumstances, the players would always be paired with opponents with similar skill level, and matching would never be based on the player’s score in a current game and would be determined in advance of the player’s  .

Additional information is included in our  ; you are also welcome to contact our customer support team.

17. You agree to defend, indemnify, and hold Parana, its affiliates, officers, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from your use of and access to the Services, including, without limitation:

• any data or work transmitted or received by you;
• your violation of any term of these Terms, including without limitation, your breach of any of the representations and warranties above;
• your violation of any law, rule or regulation of any country as applicable to you and Parana;
• your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights;
• any claims or damages that arise as a result of any of your user submissions or any other content that is submitted via your account;
• any other party’s access and use of the Service with your unique username, password or other appropriate security code;
• any other claim made by any third party in connection with your use of the Services.

18. Term and Termination.

Parana reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently the Services, with or without notice. You agree that Parana shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. We do not guarantee that the Services will be available at all times or at any given time or that we will continue to offer the Services for any particular length of time. We may change and update the Services without notice to you. We make no warranty or representation regarding the availability of the Services and reserve the right to modify or discontinue the Services in our sole discretion without notice, including for example, ceasing a competition or other Services for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience.

NOTWITHSTANDING ANYTHING TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY BE TERMINATED IN WHOLE OR IN PART AT OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU ASSUME ANY AND ALL RISK OF LOSS ASSOCIATED WITH THE TERMINATION OF THE SERVICES.

These terms apply to you and to us from the date that you accept them as provided above. You may terminate your Parana account at any time and for any reason by sending us a support request at: office@paranagames.com or following the instructions provided in the Services.

Upon termination of your account, you must immediately discontinue to use of our Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate.

Parana may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice and liability upon any violation of these Terms. Upon termination for any reason, you continue to be bound by these Terms.

19. Agreement to Arbitrate/Class Action Waiver.

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You agree that any claim or dispute at law or equity that has arisen or may arise between you and Parana relating in any way to or arising out of these Terms or your use of or access to the Services will be resolved in accordance with the provisions set forth in this Section ‎19. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Parana may have against each other are resolved.

Legal notices shall be served at the address provided in the contact section (in case Parana is served) or your email address on file with us (in case you are served). Notice by us to you shall be deemed given twenty-four (24) hours after the email is sent. Alternatively, we may give you legal notice by mail to the physical address associated with your account. In such case, notice shall be deemed given three (3) days after the date of mailing, regardless of whether any such notice is returned to us. It is your responsibility to keep your contact information updated.

You and Parana will attempt to resolve any dispute through informal negotiation within thirty (30) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Parana, the nature and legal basis for your or Parana’s dispute, and an individual monetary demand if you or we are seeking such relief. During this period, the parties shall use best efforts to settle any dispute, claim or disagreement. Any applicable limitations period will be tolled during this 30-day informal dispute resolution period. Filing any claims before the end of this period and without engaging in this process could result in the award of fees in arbitration. If the dispute is not resolved within such time period, you agree that any and all disputes or claims that have arisen or may arise between you and Parana relating in any way to or arising out of these Terms or your use of or access to the Services shall be resolved exclusively through final and binding arbitration. If you reside in the U.S., the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

In all events, each party hereby knowingly, voluntarily and intentionally, waives (to the extent permitted by applicable law) any right it may have to a trial by jury of any dispute arising under or relating to these Terms or your use of or access to the Services. The parties further agree that, if and to the extent this agreement to arbitrate does not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.

You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, representative, or private attorney general action whether in arbitration or litigation. Unless Parana agrees otherwise in a separate writing, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. The arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim. Any relief awarded cannot affect other Parana users. If a court decides that applicable law precludes enforcement of any of this paragraph’s prohibitions on class, representative, or private attorney general actions or proceedings as to any claim, then that claim (and only that claim) must be severed from the arbitration and resolved in court, subject to your and Parana’s right to appeal the court’s decision. All other claims will be arbitrated.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this agreement to arbitrate, any part of it, or of the Terms including, but not limited to, any claim that all or any part of this agreement to arbitrate or the Terms is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding so long as Parana agrees to such. The arbitrator has the right to impose sanctions in accordance with National Arbitration and Mediation (“NAM”) rules for any claims the arbitrator determines to be frivolous or improper and to apply the standards set forth in Federal Rule of Civil Procedure 11.

The arbitration will be conducted by NAM if you reside in the U.S., under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement.

The parties agree that NAM has discretion to modify the amount or timing of any administrative or arbitration fees due under NAM’s rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by NAM does not constitute a default, waiver, or breach of this Section while such challenge remains pending before NAM, the arbitrator, or a court of competent jurisdiction.

The arbitration shall be held in New York City for U.S. residents or at another mutually agreed upon location. For the avoidance of doubt, the availability of a more convenient forum for arbitration proceedings shall have no effect on the governing law and venue specified in Section ‎20 regarding litigation. If the value of the relief sought is $10,000 or less, you or Parana may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Parana, subject to the arbitrator’s discretion to require an in-person hearing. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Parana to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Parana will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. For claims above $75,000, fees and costs will be determined in accordance with applicable NAM Rules.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

To the extent permitted by applicable law, any claim or dispute under these Terms and related to your access or use of the Services must be filed within one (1) year from the date of the cause of action. If a claim or dispute is not filed within one year, you acknowledge that you shall have waived and will be deemed permanently barred from bringing such dispute.

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND PARANA 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 IN ARBITRATION OR IN LITIGATION. If there is a final judicial determination that applicable law precludes enforcement of this Section’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

With the exception of any of the provisions in the class action waiver, if an arbitrator or court decides that any part of this agreement to arbitrate is invalid or unenforceable, the other parts of this agreement to arbitrate shall still apply. 

Exception – Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

30-Day Right to Opt-cOut of Arbitration: You have the right to opt-out and not be bound by the arbitration clause by sending written notice of your decision to opt-out to the following address: office@paranagames.com. The notice must be sent within 30 days of your first use of the Services, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of arbitration, Parana also will not be bound to arbitrate.

Changes to this Section: Parana will provide fourteen (14) days’ notice of any material changes affecting the substance of this Section ‎19. Changes will become effective on the 30th day. If you continue to use the Services after the 30th day, you agree that any unfiled claims are subject to the revised clause.

20. Governing Law.

For any dispute not subject to arbitration, including any petitions to compel arbitration, if you reside or use our Services in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of New York, U.S., without regard to conflict of law principles thereof. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York, U.S. and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (i) inconvenient forum or (ii) any other basis or any right to seek to transfer or change venue of any such action to another court.    

21. No Waiver and Force Majeure.

Parana’s failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Parana will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

22. You agree that the following provisions of these Terms shall survive termination of the Services, for any reason whatever: Compliance with, laws, Prohibited uses, Limitation of liability, Indemnification, Parana’s intellectual property rights, Term and termination, Agreement to arbitrate/class action waiver, and Governing law. In addition, any and all terms and conditions within these Terms that should, by their nature, survive termination of these Terms, will survive such termination.

23. Assignment of Rights.

You may not transfer, assign, sub-license, or pledge in any manner whatsoever your account or any of your rights or obligations under these Terms. Parana may transfer, assign, sub-license, or pledge in any manner whatsoever any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

24. Notification Procedures

Parana may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Parana in our sole discretion. Parana reserves the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in these Terms or Parana’s Privacy Policy.

25. Severability of Clauses.

The Terms, the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and Parana. If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.

You acknowledge that these Terms, and all related documents, including the Rules and the Privacy Policy, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.

27. Contact Us.

If you have any questions about these Terms or Parana’s Services in general, please contact us at: office@paranagames.com . Subject to the content of your inquiry, Parana may request that you provide additional information in order to allow the appropriate handling of your inquiry.