Terms of Service

PLAY ON – Challenge a Friend – Terms of Use

Last Updated: July 03, 2025

IMPORTANT NOTICE: THESE TERMS ARE SUBJECT TO A BINDING ARBITRATION PROVISION AND WAIVER OF CLASS ACTION RIGHTS, AS DETAILED IN SECTION 14 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 14 BELOW. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND OBLIGATIONS.

1. Introduction

Welcome to "Play on – Challenge a Friend", a social tournaments platform where players and creators can broadcast content, participate in skill-based challenges, and share their victories.

These Terms of Use (“Terms”) constitute a binding legal agreement between Papaya Stars Ltd. (“Papaya Stars,” “we,” “our,” or “us”) and you (“you” or “your”). They govern your access and use of all features, content, and other services provided by Papaya Stars, including our website (“Website”) and applications (“App(s)”), collectively referred to as the “Services.” All references to “you” or “your” refer to the person accessing or using the Services, including your heirs, assigns, and successors.

By registering an account, participating in any Challenges or Live Competitions (as these terms are defined below), or otherwise using, downloading, or accessing the Services, you affirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Community Guidelines.

If you do not agree to these Terms or any additional policies and guidelines, you may not register an account or access the Services. Certain Services, as well as content and features, may be restricted by age or location. If you are under 18 years old (and over 16 years old), you may only access the Services with explicit consent from your parent or legal guardian.

2. Eligibility

The Services are intended solely for players who are at least eighteen (18) years old and can enter into a legally binding contract under applicable law ("Age of Majority"). If you are under the Age of Majority and over the age of sixteen (16) (“Minor”), your parent or legal guardian must read and consent to these Terms as set out in this paragraph before you use the Services. In any case, you are not permitted to use the Services if you are under the age of sixteen (16). Any registration, use, or access to the Services by anyone under the Age of Majority other than as permitted under these Terms is unauthorized and violates these Terms.

By clicking "Accept" on Play on – Challenge a Friend's pop-up screen or installation page, Play on – Challenge a Friend's webpages (or where such button or a similar button is otherwise presented), or by downloading, installing, accessing or using the Services, you represent and warrant that (a): you are a natural person over the Age of Majority or you are at least sixteen 16 years old, in which case your parent or legal guardian read and consent to these Terms, as set out in this paragraph, or else you must not use our Services. If you are the parent or guardian of a Minor aged 16 or older (depending on the applicable laws of your jurisdiction), you agree to these Terms on your behalf and on behalf of your Minor(s) who you have authorized to use the Service pursuant to these Terms; (b) you are personally assigned to the email address and other information provided for your account; (c) you agree to abide by these Terms and all applicable laws, and have the legal authority to enter into a binding contract with Papaya Stars; (d) you and your Minor(s) are located in a jurisdiction where the use of the Services is permitted; and (e) you are responsible for all use of the Services by your Minor(s), including purchases.

Papaya Stars reserves the right to terminate or suspend your account, delete any content or information you have submitted, and prohibit you from using the Services, with or without notice, if it believes you are under the Age of Majority in your jurisdiction, or that the Services are prohibited in your jurisdiction.

3. Account Registration

To access certain features of the Services, you may need to register with Play on – Challenge a Friend and create an account. During registration, you may be required to provide information such as the following: (a) a unique username and password; (b) contact details (name, phone number, email); (c) payment and billing information; and (d) any other information requested on the registration process, including date of birth. Please note that only one account may be registered per player, and multiple accounts are not permitted. In the event of any suspected or actual violations of these Terms, Papaya Stars reserves the right to suspend or terminate your account(s), in its sole discretion, with or without notice to you, in accordance with applicable laws.

We reserve the right to verify your registration details, including your name, address, age, and payment method, by requesting documents such as an identity card, utility bill, or proof of payment method. If necessary, we may require these documents to be notarized, meaning that the documents are stamped and attested by a public notary. If you fail to provide the requested documents, Papaya Stars may, at its sole discretion, terminate or restrict your account and withhold any funds or Digital Items (as defined below) in your account until you provide us with the requested documents.

You agree to update your information or to provide additional information, as needed, as part of our ongoing efforts to prevent money laundering, illegal and fraudulent activities, or to comply with our policies. You confirm that all information provided by you at the time you register is truthful, accurate, and verifiable. By providing this information, you consent to us submitting it to third-party services, such as age verification, parental or legal guardian consent, and identification services, to verify your account.

You are solely responsible for keeping your account information secure. Your account is personal and cannot be transferred to another person or account. You may not allow others to: (a) access your account; (b) access the Services through your account; or (c) accept or use any Digital Items from your account. If you lose control of your account or suspect unauthorized activity, you agree to notify us immediately, as outlined in the "Contact Us" section. You remain fully liable for all actions taken with your account, regardless of whether the actions were performed by you or an unauthorized third party.

We reserve the right to investigate your account at any time, including conducting background and credit checks, subject to applicable laws, to ensure compliance with these Terms and to detect any improper or illegal activity, including enforcing our policies or if we have any indication for abuses. If we determine that your account is involved in illegal, fraudulent, or improper activity, or in a violation of the Terms, we may, in our sole discretion, terminate your account immediately without notice or liability. In such cases, you will forfeit all rights to any winnings, Coins and Tickets (as defined below), other Digital Items, or other attributes associated with the account.

Access to the Services may vary across devices, platforms, and operating systems. You are solely responsible for obtaining and maintaining compatible devices to access and use the Services, as updated from time to time.

4. Digital Items

As you use the Services, you may have the opportunity to “earn,” “buy,” or “purchase” certain in-App items solely for use as part of the Services (“Digital Items”). You do not “own” any of the Digital Items. Rather, when you “earn,” “receive,” “buy,” or “purchase” a Digital Item, you are given a limited license to use the software programs that are presented as the Digital Items.

Digital Items have no monetary value, cannot be used outside of the Services, and may not be sold, transferred, or redeemed for real money or items of value. They are not real currency or any type of financial instrument, and they are not redeemable for any sum of money from Papaya Stars, or any other person or entity, at any time.

We reserve the right to determine (and modify) what Digital Items may be used for, at any time, and in our sole discretion. We do not guarantee that the Digital Items will be available, or that they will be usable for any particular Game, Challenge, Competition, or any other function or feature of the Services, regardless of whether they were usable for such purposes at the time the Digital Items were acquired.

To the extent that a Digital Item can be purchased using real money, and to the extent applicable, you agree to pay any fees required, which are prepaid and non-refundable. You are fully responsible for all charges and deposits made under your account, including any unauthorized transactions.

You acknowledge that you have no right, title, or property interest in the Digital Items appearing or originating in any of our Services, or in any other attributes associated with your account. The acquisition of Digital Items is final, non-refundable, non-transferable, and non-exchangeable, except at Papaya Stars’s sole discretion and in accordance with its policies, including, if applicable, its refund policy. You may not transfer, sell, purchase, or exchange Digital Items within or outside of the Services, nor attempt to do so in the “real world.” Any such transfer or attempt is a violation of these Terms and may result in the termination of your account and legal action.

Papaya Stars retains full rights to manage, regulate, control, modify, and eliminate Digital Items at its discretion at any time. Prices and availability of Digital Items are subject to change without notice. Papaya Stars is not liable for any third-party transactions outside of the Services, and Digital Items obtained through unauthorized platforms are not recognized by Papaya Stars.

You understand that you will not receive refunds or compensation for unused Digital Items when an account is closed, whether voluntarily or involuntarily, at our sole discretion. If your account is terminated or suspended, or if Digital Items are revoked from your account, no refund or reimbursement will be provided. Digital Items are forfeited upon account termination or suspension, or if the Services are discontinued.

Digital Items include, but are not limited to:

"Coins": A “Coin” is a virtual item that you may need to participate in Challenges, which, as explained below, are player-initiated contests to achieve a higher score than the initiating player’s score in a particular Game. Coins may also be used to obtain access to certain features and content on Play on – Challenge a Friend. You can acquire Coins through the following methods:
- Logging on to Play on – Challenge a Friend. If you log on to Play on – Challenge a Friend, you will receive an allotment of Coins on a daily basis. We reserve the right to determine, at our sole discretion, the total daily allotment of Coins you receive.
- Winning Challenges. When you participate in, and successfully complete a Challenge (by obtaining a higher score than the Challenge’s creator), you may receive Coins. Not all Challenges will provide Coins. Before you enter a Challenge, we will inform you how many Coins you will receive if you successfully complete the Challenge, if any.
- Promotions, Missions, and Events. From time to time, we may, at our sole discretion, offer promotions, missions, or events, where you may receive Coins in exchange for satisfying the requirements of the individual promotion, mission, or event.
- Purchasing Coins. You may be provided an opportunity to purchase Coins using real-world money at prices set by Papaya Stars, in its sole discretion, which will be made known to you at the time of purchase. We may change Coins' prices at any time, but price changes will not affect previous purchases. All charges and payments for Coins shall be processed in the currency specified at the point of purchase via the applicable payment method. Any currency exchange rates, foreign transaction fees, and payment channel fees, if applicable, will be governed by your agreement with the relevant payment provider. You are responsible for paying for any Coins you purchase. Once the purchase is finalized, your account will be credited with the corresponding Coins. If you misuse any refund or chargeback process, we may temporarily or permanently suspend or close your account at our sole discretion.

Purchasing Coins is never required to participate in Challenges or to obtain access to those features or content requiring the redemption of Coins.

"Tickets": A “Ticket” is a virtual item that you may need to participate in Competitions, which, as explained below, are contests in which players compete against one another to obtain the highest score. Tickets cannot be purchased for real-money or other items of value. Instead, they can be acquired in the following ways:
- Winning Challenges. When you participate in, and successfully complete a Challenge (by obtaining a higher score than the Challenge’s creator), you may receive Tickets. Not all Challenges will provide Tickets. Before you enter a Challenge, we will inform you how many Tickets you will receive if you successfully complete the Challenge, if any.
- Promotions, Missions, and Events. From time to time, we may, at our sole discretion, offer promotions, missions, or events, where you may receive Tickets in exchange for satisfying the requirements of the individual promotion, mission, or event.

5. Challenges and Live Competitions

Play on – Challenge a Friend provides players with the following options to engage with the Services, subject to age limitations, as applicable:

"Challenges": A Challenge is a skill-based contest that is initiated by an initiating player’s creation of original Content, as defined below, in which participating players (other than the creator) play a game to surpass a score set by the creator in exchange for being rewarded with Coins and Tickets, as defined above. Unless otherwise restricted by these Terms, any player eligible to use the Services may be a creator, and Challenges can be created by any creator at no cost. To participate in a Challenge, a player must redeem the number of Coins identified in the terms for that particular Challenge.
"Live Competitions": Papaya Stars hosts live, skill-based game competitions. These Live Competitions provide players with the opportunity to compete for rewards, including real money or real items of value. To engage in said competitions, participants are required to redeem Tickets. The number of Tickets you will need to enter into a particular Competition will be made known to you before you enter a Competition.

For both Challenges and Live Competitions, players will be provided with the specific rules on how to play the game, scoring systems, controls, and applicable guidelines. The number of Coins or Tickets that need to be redeemed to participate in a Challenge or Live Competition, as applicable, will be made known to you in advance, in addition to any rewards you may receive based on your performance in a Challenge or Live Competition.

By accessing or playing in any Challenge or Live Competition, you agree to comply with the rules and conditions set forth for that particular Challenge or Live Competition. You acknowledge and agree that certain Challenges and Live Competitions, and any associated content, actions, and features within the Services may be subject to age and location restrictions, as well as additional conditions set by Papaya Stars or applicable laws. These restrictions may impact your access to or interaction with the Services, including the content available to you, time limitations, and other usage restrictions.

Each Challenge, or Live Competition is associated with a difficulty rank, which is determined by players' past performance and score established by the creator. You may only participate in a Challenge if you meet the required threshold for performance, which would be made known to you in advance. Entry fees and rewards for each Challenges or Live Competition may vary depending on the difficulty level. The required Coins and potential rewards for participation may also vary, but any such changes will be clearly reflected to you.

You cannot enter a Challenge or Live Competition if you do not have sufficient Coins or Tickets as communicated to you.

The results and prize calculations for Challenges and Live Competitions are based on the final statistics and scores at the completion of the competition. Once the results are reviewed and graded by Papaya Stars, prizes are awarded. Papaya Stars reserves the right to cancel Challenges or Live Competitions at any time. If a Challenge or Live Competition is canceled, Coins or Tickets redeemed to participate in the Challenge or Live Competition will be returned to each and every player that entered into a Challenge or Live Competition and paid Coins or Tickets, except as specified in these Terms.

We may change the following at our discretion, without prior notice: (a) the method of calculating or evaluating your eligibility; and (b) withdrawal-related rules, including the minimum withdrawal amount, methods, and fees. When requesting a withdrawal, you may be required to provide Papaya Stars with the following accurate and current information, in accordance with Papaya Stars's instructions, including: your full name, selfie image, birthdate, permanent address, copy of government-issued ID, phone number, and payment details, as well as any information necessary to verify your parent's or guardian's identify, as needed. Failure to provide this information may prevent us from processing your withdrawal. Withdrawals will only be processed via payment methods supported by Papaya Stars and will be made by Papaya Gaming UK Ltd. If you make a credit card deposit, we may request authorization from your issuing bank for your credit limit.

Rewards displayed within the Services are denominated in United States Dollars (USD) for consistency and ease of reference. Notwithstanding the foregoing, certain withdrawal methods may process transactions in the local currency of the player. In such cases, the amount awarded will be converted from USD to the applicable local currency using the exchange rate in effect at the time of processing. Please note that this rate may differ from the exchange rate in effect at the time the reward won or the withdrawal was initiated.

Rewards offered through the Services may require players to utilize specific withdrawal methods or third-party services in order to claim or access the rewards. These methods may vary by jurisdiction or prize type and could include, for example, the use of digital wallets, voucher platforms or other service providers. By participating in Live Competitions that offer such prizes, you acknowledge and agree that withdrawal may be subject to additional terms, conditions or registration requirements imposed by these third parties.

You are responsible for recording, reporting and paying any taxes or levies on your winnings to the relevant authorities. Without limiting the foregoing, we may withhold from your existing account balance and 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. You consent to us sharing your personal and payment information with third-party providers to verify your identity and assess transaction risks, as detailed in our Privacy Policy.

6. Content

Your Content

Creators and other players of the Services may upload, post, stream, share, or otherwise distribute content through the Services, either publicly or privately ("Content"). Content includes all content you make available through the Services, including but not limited to videos, music, text, comments, pictures, sounds, gameplay, and any other form of engagement you provide. You may also enhance your Content with Play on – Challenge a Friend-provided elements, such as music, graphics, filters, stickers, and Digital Items ("Play on – Challenge a Friend Elements"), solely within the Services.

By uploading Content, you affirm that: (a) you either own or control all rights to the Content, or have sufficient rights and authority to grant the rights specified in these Terms; (b) you are over the age of 18 or that you are over the age of 16 and have your parent's or guardian's consent; and (c) the Content does not violate our policies, including our Community Guidelines, or otherwise violate or infringe any third-party rights, such as intellectual property or privacy rights, nor does it defame others or contain harmful or malicious code (e.g., viruses, spyware, worms). You are solely responsible for your Content and the consequences of posting or publishing it.

By uploading Content, you acknowledge that it will be public and may be shared on third-party platforms in accordance with Papaya Stars' policies. By uploading Content, you acknowledge and accept that Papaya Stars will not be held liable for any unauthorized copying, use, share or distribution of Content by third parties. You release Papaya Stars from any claims arising from such unauthorized activities.

The Content, including those incorporating Play on – Challenge a Friend Elements, has not been reviewed or endorsed by Papaya Stars. All Content created or uploaded by players should meet the standards set out herein and of Play on – Challenge a Friend’s Community Guidelines. You may also opt to upload or share your Content, including content incorporating Play on – Challenge a Friend Elements, on third-party websites or platforms, provided you adhere to their respective guidelines and policies. Please note that these features may not be available to all players, and we are not liable for any restrictions on your access to certain features of the Services, nor for any Content shared with third parties.

Except to the extent prohibited by law, by uploading Content, you grant Papaya Stars a worldwide, royalty-free, fully paid up, irrevocable, perpetual, nonexclusive, sublicensable (through multiple tiers) license to use, modify, transmit, create derivative works of, distribute, reproduce, and publish your Content, and authorize other players of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your Content, within and outside the Services, in any format and on any platform, including for the purpose of improving or promoting Papaya Stars' products and offerings. This includes the right to use your username, image, video, voice, and likeness to credit you as the creator, next to or in connection with ads, offers, and other sponsored content that you follow or engage with that are displayed on our Services, without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads. However, the use of any personal data would be consistent with Papaya Stars Privacy Policy. Papaya Stars reserves the right to remove, block, modify, or permanently delete any Content from the Services at its sole discretion, with or without notice. Papaya Stars will notify you of the reason for removal if required by law, unless such notice is unreasonable or legally prohibited based on specific circumstances.

By using our Services, you acknowledge that we may implement and utilize content moderation mechanisms, either automated and manual (or both), at our sole discretion. Papaya Stars may, at its discretion, utilize automated, semi-automated tools, and human checks of Content. However, you acknowledge and agree that we may not be able to identify all Abuse or Prohibited Content (as defined below), and we make no warranties to you regarding any Content. We encourage players to report any content that violates these Terms or our policies using the designated reporting tools within our Services.

Play on – Challenge a Friend Content

"Play on – Challenge a Friend Content" refers to all content, videos, audio, photos, software, text, graphics, logos, patents, trademarks, service marks, copyrights, and the overall "look and feel" of the Services, as well as any related intellectual property rights owned by or licensed to Papaya Stars. This includes any elements that Papaya Stars provides for enhancing your Content, such as Play on – Challenge a Friend Elements.

You may not use Play on – Challenge a Friend Content for any purpose not expressly permitted by these Terms. Play on – Challenge a Friend Content is protected by copyright and other intellectual property laws, and we or our licensors retain all rights to it. You are prohibited from downloading, copying, reproducing, distributing, or otherwise exploiting Play on – Challenge a Friend Content, including Play on – Challenge a Friend Elements, without prior written consent from Papaya Stars or, where applicable, our licensors.

Papaya Stars reserves the right to take necessary actions to address Content or Play on – Challenge a Friend Content violations that occur beyond our Platform. If Content or Play on – Challenge a Friend Content is found to violate our Terms, including our Community Guidelines, intellectual property rights, or applicable laws, we may seek removal of such Content or Play on – Challenge a Friend Content from third-party platforms. This may involve directing the player responsible for the content to initiate a removal request with the relevant third-party platform or, in certain cases, coordinating directly with those platforms to facilitate its removal. Players are responsible for ensuring that their content complies with all applicable policies, including those of external platforms where the content may be distributed.

7. Intellectual Property Rights

All title, ownership and intellectual property rights in and to the Services, Play on – Challenge a Friend Content, images, text, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audio, videos and music, logos, designs, Digital Items, and any part thereof, including derivative works of Play on – Challenge a Friend and other companies providing services to Papaya Stars, are the sole property of Papaya Stars or their respective owners. As a player of the Services, you agree not to use, copy, reproduce, publish, or borrow any of the aforementioned content or trademarked work without explicit permission from Papaya Stars or the owner thereof. Except as explicitly provided herein, nothing in these Terms shall be deemed to grant you or any other party 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 comments or feedback about the Services, including about how to improve the Services (“Feedback”). You understand that your Feedback is voluntary, and will not place Papaya Stars under any fiduciary or other obligation. By submitting any Feedback, you represent and warrant that: (a) you have the right to disclose the Feedback; (b) the Feedback does not violate the rights of any other person or entity; and (c) your Feedback does not contain confidential or proprietary information of any third party. By sending us any Feedback, you further: (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development; (iii) grant us an irrevocable, non-exclusive, royalty-free, fully paid, perpetual, worldwide, sublicensable (through multiple tiers), transferable license to use, modify, prepare derivative works, publish and distribute the Feedback; and (iv) irrevocably waive, and cause to be waived, against Papaya Stars 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.

Papaya Stars diligently addresses notices of alleged copyright infringement in accordance with various legal frameworks, such as the US Digital Millennium Copyright Act ("DMCA"), and other jurisdictions, as applicable. We hold a strong commitment to respecting the intellectual property rights of others and expect the same from our players. If you are a copyright owner and believe that content posted on the Services violates your copyright, please follow our copyright policy. These guidelines provide detailed information about our policies, what should be included in your notice, and where to submit it.

8. Compliance with Laws

You acknowledge that various rules, regulations, and laws addressing contests and tournaments with entry fees and prizes may govern your participation in Challenges and Live Competitions and that applicable laws are set up by each individual state, country, territory, or jurisdiction. Therefore, we do not offer Challenges and Live Competitions to players in any state, territory, country, or other jurisdiction in which such Challenges and Live Competitions violate its gaming laws (“Prohibited Jurisdiction”), and you are not permitted to participate in Challenges and Live Competitions if you are located in a Prohibited Jurisdiction.

We reserve the right to include other states, territories, countries, or jurisdictions as “Prohibited Jurisdictions” at our sole discretion, and what constitutes a “Prohibited Jurisdiction” is subject to change. In addition, Papaya Stars has the right to monitor the location from which you access the Services and has implemented technical measures to block your use of the Services to the extent you are located in a 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. Trade Controls are subject to change and 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, the Russian Federation, Belarus, Venezuela and the following region of Ukraine: Crimea, Donetsk and Luhansk), 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 Papaya Stars’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.

9. Prohibited Usages

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

You may not (and shall not permit any third party to) either take any action, upload, submit, post, or otherwise distribute or facilitate distribution of any Content or player submission on or through the Services that: (a) is illegal, violent, threatening, abusive, invasive of any person’s privacy, harassing, defamatory, libelous, false, deceptive, fraudulent, misleading, untruthful, torturous, obscene, offensive, pornographic, or otherwise inappropriate, as Papaya Stars may determine in its sole discretion; (b) removes, infringes, violates, obscures or alters any copyright or other proprietary notices contained on or in or otherwise connected to the Services, including any copyright, trademark, patent, trade secret, mask work right, moral right, privacy right, right of publicity, trade dress and service mark right, goodwill and third-party rights; (c) 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; (d) involves commercial activity not expressly permitted by Papaya Stars; (e) 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 unauthorized access to any system, data, password or other information of Papaya Stars, its players, or any other individual or entity; (f) uses or launches any automated system, including without limitation, “screen scrapers,” “bots,” “spiders,” “offline readers,” etc., that access the Services in any automated manner or any manner that sends more request messages to our Services' servers than a human can reasonably produce in the same period of time; and (g) impersonates any individual or entity, including, without limitation, employees or representatives of Papaya Stars.

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.

You further represent and warrant that you will not engage in activities that disrupt the Services, including but not limited to: (a) the opening of or access or use of multiple accounts; (b) intentional poor play in order to achieve competitive advantage; (c) collusion with other players; (d) sell, transfer or try to sell or transfer an account with us or any part of an account, including Digital Items; (e.g., money laundering); (e) posting, uploading or sharing of any content that conflicts with or violates our Community Guidelines ("Prohibited Content"); (f) breach of security of your account, including by way of sharing account credentials with any third parties; (g) any act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud; (h) disguising, anonymizing or hiding your IP address, your identity or location, or the source of any Content that you may upload; (i) using our Services for illegal, fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services, including using another person or entity’s contact details in order to sign up to use our Services); (j) using our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; (k) attempting to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us; and (l) embed or post Content on any third party platform in a manner not consistent with such third party platform's terms or policies, or outside the functionalities provided by Papaya Stars; (collectively, “Abuse”).

Any activity in connection with any Abuse or Prohibited Content will be subject to immediate sanction, as determined by us in our sole discretion. Such sanction may include, without limitation: (a) immediate termination of your account, deletion of your Content, and blocking of your access to the Services; and (b) any prizes that you may otherwise have been entitled to receive shall be void and forfeited. In addition to the foregoing, we reserve the right to disclose or report any Abuse, Prohibited Content, money laundering or other illegal activity or suspected money laundering or other illegal activity to law enforcement and regulatory authorities. Any attempt to deliberately damage the Services or undermine the legitimate operation of any competition is a violation of criminal and civil laws and should such an attempt be made, Papaya Stars reserves the right to seek damages and other remedies from you to the fullest extent permitted by law. You further acknowledge that the forfeiture and return of any prize as a result of a violation of these Terms shall in no way prevent Papaya Stars from pursuing criminal or civil proceedings in connection with any Abuse or Prohibited Content.

10. Third-Party Services

The Services may provide links to third-party websites, applications, services, offerings, products or other activities (“Third-Party Services”) that are not owned or controlled by us. These links are provided as a convenience to you and do not signify that Papaya Stars 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 governing the use of such Third-Party Services. You acknowledge that Papaya Stars has no direct or indirect liability for your use of Third-Party Services. Any problems or complaints that you may have regarding such Third-Party Services should be directed to such third parties. You understand that when you click on these links any data which you provide afterward is subject to that third party’s terms of service and privacy policy, and not to our Terms or our Privacy Policy. We take no responsibility for the content, safety, privacy, or security of any Third-Party Services. You shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any third-party content.

If 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 Papaya Stars 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: (a) product liability claims; (b) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (c) 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 these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) 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 (b) 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.

By downloading Play on – Challenge a Friend from Google Play or one of its affiliates (“Google”), you specifically acknowledge and agree that: (a) to the extent of any conflict between (i) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (ii) these Terms, the Google Play Terms shall apply with respect to your use of Play on – Challenge a Friend that you downloaded from Google Play, and (b) you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Papaya Stars or you (or any other player) under these Terms or the Google Play Terms.

11. Limitation of Liability

By using the Services, you understand and agree that Papaya Stars’s liability in connection with your use of the Services is as set forth below. Except as prohibited under applicable laws, under no circumstances shall Papaya Stars, its parents, subsidiaries, or affiliates, or the directors, officers, employees, agents, successors or assigns or other representatives of each of them (collectively, the “Papaya Stars Entities and Individuals”), be liable to you or any other person 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: (a) the Services, your uploaded information, or your Content; (b) the use of, inability to use, or performance of the Services; (c) any action taken in connection with an investigation by Papaya Stars or law enforcement authorities regarding your use of the Services; (d) any action taken in connection with copyright owners; or (e) any errors, omissions or defects in the Services’ technical operation, even if foreseeable or even if the Papaya Stars 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 Papaya Stars 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.

To the fullest extent permitted by applicable law, in no event shall the Papaya Stars Entities and Individuals’ total liability to you or any third parties for all damages, losses, or causes of action exceed in the aggregate one hundred U.S. Dollars ($100). The Papaya Stars 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. 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 Papaya Stars’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 any Services or other properties owned or controlled by Papaya Stars Entities and Individuals, 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.”

12. 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. All payouts related to your use of the Services will be made by Papaya Gaming UK Ltd. 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 on an “as is” and “as available” basis, without any warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Papaya Stars strives to keep its Services up and running; however, all online services suffer occasional disruptions and outages. All information provided on the platform is subject to change without notice.

In addition, Papaya Stars is not responsible in any way for your activities within the Services or for your device, including for any communication or other errors in the Services or device, and such errors might be counted as losses in Challenges or Live Competitions you participate in. Papaya Stars is not responsible for any Content made available on the Services. Papaya Stars does not provide any warranty regarding the Services, 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, latency or loss of internet connectivity, timeliness, serviceability, warranty of title, non-infringement, merchantability, legality, or fitness for particular purpose. Papaya Stars does not warrant or guarantee protection from viruses or other computer system malware. Papaya Stars does not claim or guarantee that the Services shall be uninterrupted, or that Services shall be error free. Papaya Stars 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 any profits. We do not 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 Papaya Stars 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. 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.

13. Indemnification

You agree to defend, indemnify, and hold Papaya Stars, its affiliates, officers, directors, agents, partners and employees harmless from any loss, damage, claim, liability, cost, demand and expense, including reasonable attorneys’ fees, arising in any way from your use of or access to the Services, including, without limitation: (a) any data or work transmitted or received by you; (b) your violation of these Terms, including without limitation, your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of any jurisdiction as applicable to you and Papaya Stars; (e) any claims or damages that arise as a result of any of your player submissions or any other content that is submitted via your account; (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code; or (g) any other claim made by any third party in connection with your use of the Services.

14. 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 Papaya Stars 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 14. Please read this section carefully. It affects your rights and will have a substantial impact on how claims you and Papaya Stars may have against each other are resolved.

Legal notices shall be served at the address provided in the contact section (in case Papaya Stars 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 Papaya Stars will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. That notice should contain proof of your relationship with Papaya Stars, the nature and legal basis for your or Papaya Stars’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 60-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 Papaya Stars 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 US, the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

Otherwise, the Israeli Commercial Arbitration Law, 5784-2024 (the “International Arbitration Law”), as amended, or, if the International Arbitration Law is deemed inapplicable, for any reason, the Israeli Arbitration Law, 5728-1968, shall govern the interpretation and enforcement of this agreement to arbitrate. You agree that this agreement to arbitrate constitutes an international arbitration agreement the subject matter of which relates to more than one jurisdiction in accordance with Article 3 of the International Arbitration Law. The arbitration shall be conducted in accordance with the International Chamber of Commerce rules of arbitration ("ICC Rules of Arbitration"), except as they may be modified herein. The seat of the international arbitration shall be in Tel Aviv, Israel. The arbitration shall be conducted in the English language. The arbitration shall be conducted by one arbitrator. The parties will endeavor to agree on the appointment of the arbitrator. In the event the parties fail to agree on the appointment of an arbitrator within thirty (30) days of the date of receipt of the arbitration notice, either party may refer the matter of appointment to an Israeli court of competent jurisdiction – which shall act as the appointing authority.

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 is held not apply to any claim, that claim will be tried in a court of competent jurisdiction before a judge sitting without a jury.

Regardless of the jurisdiction in which you reside, except as provided in this section, 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 and the parties expressly waive their right to file a class action or seek relief on a class basis. Unless Papaya Stars 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. Where Papaya Stars does consent, consolidation may be allowed. In individual cases, 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. In consolidated cases, the relief may cover the consolidated claims. Any relief awarded cannot affect third parties, including Play on – Challenge a Friend's players, not involved in the individual or consolidated claims. 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 Papaya Stars’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.

If you reside in the US, the arbitration will be conducted by the National Arbitration and Mediation (“NAM”) (under their rules and procedures as applicable, including the commercial arbitration rules, as modified by this agreement). Otherwise, the arbitration will be conducted by the Israeli Institute of Commercial Arbitration except as they may be modified herein.

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, including by setting reduced fees for consolidated cases, 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 may also impose sanctions in accordance with NAM rules for any claims the arbitration determined to be frivolous or improper and to apply the standards set forth in Federal Rule of Civil Procedure 11.

The arbitration shall be held in Tel Aviv, Israel (or 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 19 regarding litigation. If the value of the relief sought is $10,000 or less, either you or Papaya Stars may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Papaya Stars, 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 charged to any individual claimant for arbitration exceeds the cost of filing an individual lawsuit, the arbitrator may require Papaya Stars 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, Papaya Stars will pay the remaining filing and arbitrator fees for the arbitration, provided your claim or the consolidated claims do not exceed $75,000. For claims above $75,000 or consolidated claims, fees and costs will be determined in accordance with applicable arbitration rules and the arbitrator’s decision.

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.

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 Out: 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: support@papayastars.com. The notice must be sent within 30 days of your first use of the Services, or the issuance of a materially changed clause, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of a new clause, the prior clause will continue to govern any disputes between you and Papaya Stars. If you opt-out of arbitration, Papaya Stars also will not be bound to arbitrate and, in accordance with Section 19, any claim or dispute at law or equity that has arisen or may arise between you and Papaya Stars relating in any way to or arising out of these Terms or your use of or access to the Services will be resolved by the appropriate courts of Tel Aviv, Israel to the exclusion of all courts in any other jurisdiction. You agree that, if at some point in the future Papaya Stars removes this Section 14 entirely, restoring the right to proceed in court, no opt out from that change would be required.

Changes to this Section: Papaya Stars will provide 30 days’ notice of any material changes affecting the substance of this Section 14. 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.

15. Term and Termination

These Terms apply from the date that you accept them as provided herein. You may terminate your Play on – Challenge a Friend account at any time and for any reason by sending us a support request at: support@papayastars.com or following the instructions provided on the Services. Upon termination of your account, you must immediately discontinue use of the Services and your account. Immediately upon termination of your account, all licenses and rights granted to you under these Terms automatically terminate and any funds or Digital Items in your account will be forfeited. If you want to withdraw funds from your account before closing it, you must request to do so prior to terminating your account. All such withdrawals will be made by Papaya Gaming UK Ltd.

Papaya Stars reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently the Services, with or without notice. You agree that Papaya Stars may for any reason, at its sole discretion and without notice, remove from the Services any Content associated with your account. If we unilaterally terminate your account due to a violation involving fraud, illegal behavior, or cheating (as determined in our sole discretion) of these Terms, funds in your account may be forfeited and not returned to you.

You agree that Papaya Stars shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services. 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.

16. Modification of Terms or Services

We reserve the right, at any time in our sole discretion, to amend or replace any part of these Terms and any document referred to herein, or any part thereof, at any time, without prior notice. You agree that if any notice is provided, we may notify you of any updated or new Terms by posting a 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. Except as explicitly set forth herein, all such changes are effective immediately when we post them, or at a later date as may be specified in the notice of updated Terms. Your continued use of the Services after such notice confirms your consent to and acceptance of such amendment. The most current 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 accessing the Services.

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: (a) stop offering or supporting the Services or any particular game or part of the Services; (b) terminate or suspend your license to use the Services or any part of it; (c) modify our Content or discontinue the Services; (d) modify or remove any of the information contained in the Services; (e) limit the Services’ availability to any person, geographic area, or jurisdiction we choose; (f) charge fees in connection with the use of the Services; (g) modify or waive any fees charged in connection with the Services; and (h) offer opportunities to some and all players of the Services. If that happens, Papaya Stars is not required to provide refunds, benefits or other compensation to players in connection with discontinued elements of the Services or for Digital 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. Your continued use of the Services after such changes will indicate your acceptance of such changes in the Services and in these Terms.

17. Notifications

Papaya Stars may provide you with notifications, whether such notifications are required by law or are for marketing or other business-related purposes, via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Services, as determined by Papaya Stars in our sole discretion. Papaya Stars 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 in our Privacy Policy.

18. No Waiver and Force Majeure

Papaya Stars'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. Papaya Stars will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.

19. Governing Law and Jurisdiction

For any dispute, including any petitions to compel arbitration, if you reside or use our Services in the US, these Terms shall be governed by and construed in accordance with the laws of the State of New York, US, without regard to conflict of law principles thereof. For all disputes not subject to arbitration, you hereby consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York, US 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.

Otherwise, for any dispute these Terms shall be governed by and construed in accordance with the laws of the State of Israel, without regard to conflict of law principles thereof. You hereby consent to the exclusive personal jurisdiction and venue of the courts of Tel Aviv, Israel, to the exclusion of all courts in any other country.

20. Survival

Any and all terms and conditions within these Terms that should, by their nature, survive termination of your account, will survive such termination, including Prohibited Usages, Limitation of Liability, Challenges and Live Competitions, Digital Items, Indemnification, Intellectual Property Rights, Term and Termination, Agreement to Arbitrate/Class Action Waiver, and Governing Law and Jurisdiction.

21. 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. Papaya Stars 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.

22. Entire Agreement and Severability of Clauses

The Terms posted on this page, and the policies and agreements that are incorporated herein by reference, as amended, constitute the entire Terms between you and Papaya Stars. 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.

23. Language

You acknowledge that these Terms and all related documents are written in English. In the event of any translation into another language, the English version shall take precedence.

24. Contact Us

For any questions regarding these Terms or the Services, please contact us at support@papayastars.com. Depending on the details of your inquiry, Papaya Stars may request additional information to ensure your issue is addressed appropriately.