Chumba Solitaire Lite Terms and Conditions
Version: 1.0
Date updated: March 25th, 2024
These Terms and Conditions form a binding legal agreement between you and us and apply to your use of
the Chumba Solitaire Lite App through any electronic device (web, mobile, tablet or any other device).
You must read these Terms and Conditions carefully in their entirety. By using the Service you confirm that
you have read and agree to be bound by these Terms and Conditions, which include and are inseparably
linked to our Privacy Policy and other game-specific or promotion-specific terms relevant to your
Participation.
If you do not agree with any provision of these Terms and Conditions or any other linked agreement, policy,
rules, or terms, you must not use the Service.
Whether or not you agree with the provisions of these Terms and Conditions, if you use the Service,
including, but not limited to, submitting your details to us, you are bound by these Terms and Conditions in
any event.
These Terms and Conditions are made available via the Apple App store, Google Play store, or platform
from which you download the Chumba Solitaire Lite App or on demand in the event of updates to the Terms
and Conditions.
To use our Services, you agree that you are over 18 years of age.
1. DEFINITIONS
Chumba Solitaire Lite App means the application belonging to VGW.
Content means text, graphics, user interfaces, visual interfaces, photographs, trade marks, logos,
sounds, music, artwork, computer code and other material used, displayed or available as part of the
Game and the Chumba Solitaire Lite App.
Fraudulent Conduct means any of the conduct described in clause 6.1.
Game means any one or more of the game(s) available on the Chumba Solitaire Lite App. We
reserve the right to add and remove Games from the Chumba Solitaire Lite App at our sole discretion.
Participate or Participation means playing any Game or using the Chumba Solitaire Lite App in any
manner whatsoever, including any of the conduct described in clause 2.
Player or you means any person who Participates.
Service means the availability and provision of the Game and the Chumba Solitaire Lite App that
enables you to Participate.
Terms and Conditions means these terms and conditions, as amended from time to time.
Third Party Websites and Apps means a third party website or application software that is not
controlled by us.
VGW, we, us or our means VGW Malta Limited and related entities.
2. YOUR PARTICIPATION
Restrictions
2.1. You declare and warrant that:
(a) you are over 18 years of age or such higher minimum legal age of majority as stipulated in the
jurisdiction of your residence and are, under the laws applicable to you, legally allowed to
Participate in the Game offered on Chumba Solitaire Lite App;
(b) you are a resident of the United States of America or Canada;
(c) you must comply with the laws that apply to you in the location that you access our Services. If
any laws applicable to you restrict or prohibit you from using our Services, you must comply with
those legal restrictions or, if applicable, stop accessing and/or using our Services;
(d) you Participate in the Game strictly in your personal capacity for recreational and entertainment
purposes only;
(e) you Participate in the Game on your own behalf and not on the behalf of any other person;
(f) it is a player’s responsibility to ensure that their Participation is lawful in their jurisdiction;
(g) all information that you provide to us during the term of validity of these Terms and Conditions is
true, complete and correct, and you will immediately notify us of any change to such information;
(h) you will not be involved in any fraudulent, or other unlawful activity in relation to your or third
parties’ participation in the Game and you will not use any software-assisted methods or
techniques (including but not limited to bots designed to play automatically) or hardware devices
for your participation in the Game. We reserve the right to invalidate any Participation in the
event of such behaviour.
2.2. Any person who is knowingly in breach of this clause 2 is at the very least in breach of these Terms
and Conditions.
Acceptance
2.3. By accepting these Terms and Conditions you agree that your Participation is at your sole option,
discretion and risk. You will have no claims whatsoever against VGW or any of its partners, or
respective directors, officers or employees.
3. YOUR PARTICIPATION
3.1. We reserve the right to block you from playing the Game on the Chumba Solitaire Lite App if we have
reason to believe that you are engaged or are likely to engage in any of the following activities:
(a) you breached, or assisted another party to breach, any provision of these Terms and Conditions
or we have a reasonable ground to suspect such breach;
(b) your communication with us or other users of the Chumba Solitaire Lite App consists of
harassment or offensive behaviour, including (but not limited to) threatening, derogatory,
abusive or defamatory statements, or racist, sexually explicit, pornographic, obscene or
offensive language; or
(c) you are not over 18 years of age.
3.2. If VGW blocks you from playing for any of the reasons referred to in clause 3.1 above, you will be
liable for any and all claims, losses, liabilities, damages, costs and expenses incurred or suffered by
VGW (together “Claims”) arising therefrom and you will indemnify and hold VGW harmless on
demand for such Claims.
3.3. The rights set out in this clause 3 are without prejudice to any other rights that we may have against
you under these Terms and Conditions or otherwise.
4. GAME
Rules
4.1. It is your responsibility to read the rules of Chumba Solitaire Lite App before playing.
Void Game
4.2. We reserve the right to declare Participation in a Chumba Solitaire Lite App Game void, partially or in
full, if, in our sole discretion, we deem it obvious that there was an error, mistake, misprint or technical
error on the software.
Final Decision
4.3. In the event of a discrepancy between the result showing on a Game or the Chumba Solitaire Lite
App and the VGW server software, the result showing on the VGW server software will be the official
and governing result.
5. PROMOTIONS
5.1. All promotions, including contests, special offers and bonuses are subject to these Terms and
Conditions and to additional terms that may be published at the time of the promotion.
5.2. In the event and to the extent of any conflict between these Terms and Conditions and any
promotion-specific terms and conditions, the promotion-specific terms and conditions will prevail.
5.3. VGW reserves the right to withdraw or modify such promotions without prior notice to you.
5.4. If, in the reasonable opinion of VGW, we form the view that a Player is abusing any promotion, to
derive any advantage or gain for themselves or other Players, including by way of Fraudulent
Conduct, we may, at our sole discretion, withhold, deny or cancel any advantage, bonus or prize as
we see fit.
5.5. Without limiting clause 7.4, you confirm that you grant VGW an irrevocable, perpetual, worldwide,
non-exclusive, royalty-free licence to use in whatever way we see fit, and without further
acknowledgement of you as the author, any Content you post or publish as part of a promotion,
contest or competition.
6. FRAUDULENT CONDUCT
6.1. You will not, directly or indirectly:
(a) hack into any part of the Chumba Solitaire Lite App through any means;
(b) attempt to modify, reverse engineer, or reverse-assemble any part of the Chumba Solitaire Lite
App;
(c) knowingly introduce viruses, trojans, worms, logic bombs, spyware, malware, or other similar
material;
(d) circumvent the structure, presentation or navigational function of the Chumba Solitaire Lite App
so as to obtain information that VGW has chosen not to make publicly available on the Chumba
Solitaire Lite App;
(e) engage in any form of cheating or collusion; or
(f) participate in or take advantage of or encourage others to participate in or take advantage of
schemes, organisations, agreements, or groups designed to share special offers, promotions, or
packages that have been emailed to a specific set of players and redeemable by URL.
6.2. You must not use the Chumba Solitaire Lite App for any unlawful or fraudulent activity or prohibited
transaction (including Fraudulent Conduct) under the laws of any jurisdiction that applies to you.
6.3. If VGW suspects that you may be engaging in, or have engaged in fraudulent, unlawful or improper
activity, or any conduct which violates these Terms and Conditions, your access to the Chumba
Solitaire Lite App will be suspended immediately. If your access is suspended under such
circumstances, VGW may pass any necessary information on to the relevant authorities, other online
service providers, banks, credit card companies, electronic payment providers or other financial
institutions. You will cooperate fully with any VGW investigation into such activity.
7. INTELLECTUAL PROPERTY
7.1. The software, the graphics, the Chumba Solitaire Lite App and the user interface that we make
available to you is owned by, or licensed to, VGW or any of its respective affiliates, subsidiaries,
holding companies and related bodies corporate, and protected by copyright laws. You may only use
the software for your own personal, recreational use in accordance with all rules, terms and
conditions we have established (including these Terms and Conditions) and in accordance with all
applicable laws, rules and regulations.
7.2. You acknowledge that VGW is the proprietor or authorised licensee of all intellectual property in
relation to any Content.
7.3. Your use of the Chumba Solitaire Lite App does not provide you with any intellectual property rights in
the Chumba Solitaire Lite App, the Content or the Game.
7.4. You grant us, and represent and warrant that you have the right to grant us, an irrevocable, perpetual,
worldwide, non-exclusive, royalty-free licence to use in whatever way we see fit, any Content you
upload onto the Chumba Solitaire Lite App.
7.5. You must not reproduce or modify the Content in any way, including by removing any copyright or
trade mark notice.
7.6. All trade marks and logos displayed in the Game and the Chumba Solitaire Lite App are the property
of their respective owners and are protected by applicable trade mark and copyright laws.
8. THIRD PARTY WEBSITES, APPLICATION SOFTWARE AND LINKS
Third Party Websites and Application Software
8.1. You acknowledge and agree that VGW:
(a) is not responsible for Third Party Websites and Apps; and
(b) makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites and
Apps.
8.2. You further acknowledge that some Third Party Websites and Apps may be fraudulent in nature. You
agree that VGW is not responsible for any actions you take at the request or direction of these, or any
other Third Party Websites and Apps.
8.3. Third Party Websites and Apps are subject to the terms and conditions outlined by that third party.
Links
8.4. The Chumba Solitaire Lite App contains links to advertisements for your convenience.
Application Software
8.5. VGW makes available the Chumba Solitaire Lite App via a mobile device. To use the Chumba
Solitaire Lite App, you must have a mobile device that is compatible with the Chumba Solitaire Lite
App. VGW does not warrant that the Chumba Solitaire Lite App will be compatible with your mobile
device. VGW hereby grants to you a non-exclusive, non-transferable, revocable license to use an
object code copy of the Chumba Solitaire Lite App on one mobile device owned or leased solely by
you, solely for entertainment purposes.
8.6. The foregoing license grant is not a sale of the Chumba Solitaire Lite App or any copy thereof, and
VGW retains all right, title, and interest in and to the Chumba Solitaire Lite App (and any copy of the
Chumba Solitaire Lite App). Standard carrier data charges may apply to your use of the Chumba
Solitaire Lite App.
8.7. The following additional terms and conditions apply with respect to any Chumba Solitaire Lite App
that VGW provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
(a) You acknowledge that these Terms and Conditions are between you and VGW only, and not with
Apple, Inc. (“Apple”).
(b) Your use of VGW’s iOS App must comply with Apple’s then-current App Store Terms of Service.
(c) VGW, and not Apple, is solely responsible for our iOS App and the services and content
available thereon. You acknowledge that Apple has no obligation to provide maintenance and
support services with respect to our iOS App. To the maximum extent permitted by applicable
law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
(d) You agree that VGW, and not Apple, are responsible for addressing any claims by you or any
third-party relating to our iOS App or your possession and/or use of our iOS App, including, but
not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any
applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or
similar legislation, and all such claims are governed solely by these Term and Conditions and
any law applicable to us as provider of the iOS App.
(e) You agree that VGW, and not Apple, shall be responsible, to the extent required by these Terms
and Conditions, for the investigation, defence, settlement and discharge of any third-party
intellectual property infringement claim related to our iOS App or your possession and use of our
iOS App.
(f) You 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.
(g) You agree to comply with all applicable third-party terms of agreement when using our iOS App
(e.g., you must not be in violation of your wireless data service terms of agreement when using
the iOS App).
(h) The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms
and Conditions as they relate to your license of VGW’s iOS App. Upon your acceptance of these
Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right)
to enforce these Terms and Conditions against you as they relate to your license of the iOS App
as a third-party beneficiary thereof.
8.8. The following additional terms and conditions apply with respect to any Chumba Solitaire Lite App
that VGW provides to you designed for use on an Android-powered mobile device (an “Android App”):
(a) You acknowledge that these Terms and Conditions are between you and VGW only, and not
with Google, Inc. (“Google”).
(b) Your use of VGW’s Android App must comply with Google’s then-current Google Play Terms of
Service.
(c) Google is only a provider of Google Play where you obtained the Android App. VGW, and not
Google, is solely responsible for VGW’s Android App and the services and content available
thereon. Google has no obligation or liability to you with respect to VGW’s Android App or these
Terms.
(d) You acknowledge and agree that Google is a third-party beneficiary to the Terms and Conditions
as they relate to VGW’s Android App.
9. DISRUPTIONS AND CHANGE
No warranties
9.1. The Service is provided on an “as is” basis and to the fullest extent permitted by law, we make no
warranty or representation, whether express or implied, in relation to the satisfactory quality, fitness
for purpose, completeness or accuracy of the Services.
Malfunctions
9.2. VGW is not liable for any downtime, server disruptions, lagging, or any technical or political
disturbance to gameplay, nor attempts by you to Participate by methods, means or ways not intended
by us.
9.3. VGW accepts no liability for any damages or losses which are deemed or alleged to have arisen out
of or in connection with the Chumba Solitaire Lite App or its Content including, without limitation,
delays or interruptions in operation or transmission, loss or corruption of data, communication or lines
failure, any person’s misuse of the Chumba Solitaire Lite App or its Content or any errors or
omissions in Content.
9.4. In the event of an application system malfunction all gameplay on the Chumba Solitaire Lite App is
void.
9.5. VGW reserves the right to remove any part of the Game from the Chumba Solitaire Lite App at any
time. Any part of the Game that indicates incorrect behaviour affecting Game data, that may be due
to misconfiguration or a bug, will be cancelled and removed from the Chumba Solitaire Lite App.
Game data may be altered by VGW in such cases in order to correct any mistake.
Changes to the Chumba Solitaire Lite App
9.6. VGW reserves the right to suspend, modify, remove or add content to the Chumba Solitaire Lite App
at its sole discretion with immediate effect and without notice to you. We will not be liable to you for
any loss suffered as a result of any changes made or for any modification or suspension of or
discontinuance of the Chumba Solitaire Lite App and you will have no claims against VGW in such
regard.
Service Suspension
9.7. We may temporarily suspend the whole or any part of the Service for any reason at our sole
discretion. We may, but will not be obliged to, give you as much notice as is reasonably practicable of
such suspension. We will restore the Service, as soon as is reasonably practicable, after such
temporary suspension.
10. VIRUSES
10.1. Although we take all reasonable measures to ensure that the Chumba Solitaire Lite App is free from
viruses we cannot and do not guarantee that the Chumba Solitaire Lite App is free of such problems.
It is your responsibility to protect your systems and have in place the ability to reinstall any data lost
due to a virus.
11. PRIVACY POLICY
11.1. VGW is committed to protecting and respecting your privacy and complying with all applicable data
protection and privacy laws.
11.2. Our Privacy Policy is inseparably linked to these Terms and Conditions and its acceptance is a
prerequisite to Player Participation.
12. MARKETING COMMUNICATIONS
12.1. You consent to receive marketing communications from VGW in respect of its offerings by way of
email, post, SMS, telephone notifications or through the Chumba Solitaire Lite App, any of which you
may unsubscribe from at any time.
13. LICENSING
13.1. The Chumba Solitaire Lite App is licensed, not sold, to you.
13.2. You agree not to:
(a) copy, modify, adapt or otherwise create derivative works or improvements of the Chumba
Solitaire Lite App;
(b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain
access to the source code of the Chumba Solitaire Lite App;
(c) remove, delete, alter or obscure any trade marks, copyright or other intellectual property or
proprietary rights notices from the Chumba Solitaire Lite App; or
(d) rent, lease, lend, sell, sub-license, assign, distribute, publish, transfer or otherwise make
available the Chumba Solitaire Lite App or any features or functionality of the Chumba Solitaire
Lite App to any third party for any reason.
13.3. You do not acquire any ownership interest in any part of the Chumba Solitaire Lite App under these
Terms and Conditions, or any other rights other than to use the Chumba Solitaire Lite App in
accordance with the license granted, and subject to all terms, conditions, and restrictions, under
these Terms and Conditions.
14. COMPLAINTS AND DISPUTE RESOLUTION
14.1. If you have a complaint regarding our Services, you may contact Customer Support.
14.2. Complaints of any nature must be submitted within 30 days of the issue occurring.
14.3. Any and all disputes arising out of or connected with the Chumba Solitaire Lite App, shall be resolved
individually, without resort to any form of class action.
14.4. In the unlikely event that we are unable to solve your concerns or complaints and you wish to bring
legal action against us, these Terms and Conditions shall be governed by and construed in
accordance with the laws of the State of Delaware.
15. INDEMNITY AND LIMITATION OF LIABILITY
Indemnity
15.1. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR DIRECTORS, OFFICERS,
EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND
PARENT COMPANIES AND ANY OF OUR SUBSIDIARIES AGAINST ANY AND ALL COSTS,
EXPENSES, LIABILITIES AND DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, EXEMPLARY OR PUNITIVE OR OTHER) ARISING FROM ANY
PARTICIPATION BY YOU, INCLUDING WITHOUT LIMITATION:
(a) ACCESSING OR USING THE CHUMBA SOLITAIRE LITE APP;
(b) ACCESSING OR USING THE CHUMBA SOLITAIRE LITE APP BY MEANS OF
TELECOMMUNICATION SERVICES;
(c) RE-USE OF ANY CONTENT AT, OR OBTAINED FROM, THE CHUMBA SOLITAIRE LITE APP
OR ANY OTHER SOURCE WHATSOEVER;
(d) ENTRY TO, OR USE OR RE-USE OF THE APP SERVER;
(e) PLAYING THE GAME THROUGH ANY DELIVERY MECHANISM OFFERED
Limitation of Liability
15.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES
WHATSOEVER WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS,
AGENTS AND AFFILIATES, OUR ULTIMATE PARENT AND PARENT COMPANIES AND ANY OF
OUR SUBSIDIARIES BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY IN
CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, FOR ANY LOSS OR DAMAGE
HOWSOEVER ARISING FROM ANY CAUSE, WHETHER DIRECT OR INDIRECT (EVEN WHERE
WE HAVE BEEN NOTIFIED BY YOU OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE). VGW
ACCEPTS NO LIABILITY FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING IN CONNECTION
WITH YOUR PARTICIPATION. THIS INCLUDES, WITHOUT LIMITATION, DELAYS OR
INTERRUPTIONS IN OPERATION OR TRANSMISSION, LOSS OR CORRUPTION OF DATA,
COMMUNICATION OR LINES FAILURE, ANY PERSON’S MISUSE OF THE GAME OR THE
CHUMBA SOLITAIRE LITE APP OR THEIR CONTENT OR ANY ERRORS OR OMISSIONS IN THE
CONTENT OF THE GAME OR THE CHUMBA SOLITAIRE LITE APP.
Negligence and Wilful Misconduct
15.3. NOTHING IN THESE TERMS AND CONDITIONS WILL OPERATE SO AS TO EXCLUDE ANY
LIABILITY OF VGW FOR DEATH OR PERSONAL PHYSICAL INJURY THAT IS CAUSED BY
VGW’S NEGLIGENCE OR WILFUL MISCONDUCT.
Survival of Obligations
15.4. THIS CLAUSE 15 SURVIVES THE TERMINATION OF THESE TERMS AND CONDITIONS FOR
ANY REASON.
16. OTHER
Entire Agreement
16.1. These Terms and Conditions constitute the entire agreement between you and us with respect to your
Participation and, save in the case of fraud, supersede all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between you and us with respect to your
Participation.
Amendments
16.2. VGW reserves the right to amend these Terms and Conditions, or to implement or amend any
procedures, at any time. Any amendments will be published on the Chumba Solitaire Lite App and
such changes will be binding and effective immediately.
16.3. Whenever we amend these Terms and Conditions in a way that would limit your current rights or
which may be to your detriment, we will notify you upon your next visit to the Chumba Solitaire Lite
App and you will be required to re-confirm your acceptance prior to playing any Game. If you do not
agree to the amended Terms and Conditions, you must stop using the Chumba Solitaire Lite App.
Force Majeure
16.4. VGW will not be liable or responsible for any failure to perform, or delay in performance of, any of our
obligations under these Terms and Conditions that is caused by events outside of our reasonable
control.
No agency
16.5. Nothing in these Terms and Conditions will be construed as creating any agency, partnership, trust
arrangement, fiduciary relationship or any other form of joint enterprise between you and us.
Severability
16.6. If any of the Terms and Conditions are determined by any competent authority to be invalid, unlawful
or unenforceable to any extent, such term, condition or provision will, to that extent, be severed from
these Terms and Conditions. All remaining terms, conditions and provisions will continue to be valid to
the fullest extent permitted by law. In such cases, the part deemed invalid or unenforceable will be
amended in a manner consistent with the applicable law to reflect, as closely as possible, VGW’s
original intent.
Explanation of Terms and Conditions
16.7. We consider these Terms and Conditions to be open and fair. If you need any explanation regarding
these Terms and Conditions or any other part of our Service you may contact Customer Support.
16.8. The Terms and Conditions prevail over any communication via email.
16.9. All correspondence between you and us may be recorded.
Assignment
16.10. These Terms and Conditions are personal to you, and are not assignable, transferable or
sub-licensable by you except with our prior written consent. We reserve the right to assign, transfer or
delegate any of our rights and obligations hereunder to any third party without notice to you.
Business Transfers
16.11. In the event of a change of control, merger, acquisition, or sale of assets of VGW, your data may be
part of the assets transferred to the purchaser or acquiring party. In such an event, we will provide
you with notice via email or via the Chumba Solitaire Lite App explaining your options with regard to
the transfer of your data.
Language
16.12. These Terms and Conditions may be published in several languages for information purposes and
ease of access by players but will all reflect the same principles. It is only the English version that is
the legal basis of the relationship between you and us and in case of any discrepancy between a
non-English version and the English version of these Terms and Conditions, the English version will
prevail.
Applicable Law and Jurisdiction
16.13. These Terms and Conditions will be governed, and interpreted in accordance with, the laws of Malta.
16.14. You acknowledge that, unless stated otherwise, the Game is operated from Malta and your
Participation in the Game takes place within the aforementioned territory. Any contractual relationship
between you and us will be deemed to have been entered into and performed by the parties in Malta.
16.15. The parties agree that any dispute, controversy or claim arising out of or in connection with these
Terms and Conditions, or the breach, termination or invalidity thereof, will be submitted to the
exclusive jurisdiction of Malta.
