A quick summary:
- These are the rules for WiniGames and services, including Backgammon
online, Hexonix, Basketball,
Mathboard and Woodcutter.
- You are given a personal license to access, use and/or play them
(but WiniGames owns them).
- There are rules regarding what you can and cannot do with the
WiniGames Services (e.g. don’t cheat).
- Depending on where you live, there are important rules regarding
liability and dispute resolution
(including mandatory arbitration and waiver of jury trial if you
live in the UAE).
- Our Privacy Policy explains what information we
collect and how we protect it.
This User Agreement (or “Agreement” for short) explains
what you can and cannot do with
Backgammon online, Hexonix, Basketball, Mathboard and Woodcutter and
other WiniGames services (which we
explain below). Because we know WiniGames has a fun concept in mind, we
have included a short and informal
summary of each section (but the full version is the legally binding
one).
1. ABOUT THIS AGREEMENT
This document explains who we are, what the WiniGames Services are and
how you can use them. This Agreement
is binding as soon as you download, install or use any of the WiniGames
Services, including Backgammon
online, Hexonix, Basketball, Mathboard and Woodcutter. We can change
this Agreement at any time, but if we
do we will put the changed version online and normally it will take
effect a reasonable time period
afterwards. You should also read our Privacy Policy and other WiniGames
Services may have other applicable
documents (which we will notify to you).
1.1. What is this Agreement? This Agreement is
a legally binding contract between
you and WiniGames. (DSO HQ D1 105 .Dubai Silicon Oasis. Dubai -
UAE)(“WiniGames-Infinite8”).
1.2. What does this Agreement apply to? This
Agreement applies to our video games
including Backgammon online, Hexonix, Basketball, Mathboard and
Woodcutter our websites (including but not
limited to https://www.Wini.Games), any game key or code giving you
access to it or any parts of them,
WiniGames Virtual Goods and Virtual Currency (defined below), plus all
other WiniGames products and
services, including (but not limited to) user accounts, customer and
technical support, official forums,
wikis, blogs and social media services (we will refer to
“WiniGames Service” to cover all
of these things).
1.3. When does this Agreement apply to you?
This Agreement will be binding on you
and us once you download, install or use any of the WiniGames Services.
If you do not agree to it, please do
not use any of the WiniGames Services.
1.4. Will we ever change this Agreement? We may
change this Agreement from time to
time, for example to reflect changes in our services or to reflect
applicable laws. If we do, we will make
the changed Agreement available online and make reasonable efforts to
notify you of it. It will become
legally binding on you and us 30 days after we post it online. During
that period, you are welcome to
contact us at support@Wini.Games if you have specific questions about
the changes. If you do not agree to
those changes (regardless of whether you email us), then unfortunately
you must cease using the WiniGames
Services: in order to make the WiniGames Services work properly we need
to have everyone using them under
the same rules instead of different people having different rules.
1.5. Are there any other important documents you should
read? Please also read our
WiniGames Privacy Policy and other legal guidance, which all form part
of this Agreement.
2. USING THE WINIGAMES SERVICES
You have the personal right to use the WiniGames Services. If this
involves a user account then you are
responsible for it. Legally, you must be at least 13 years old to use
the WiniGames Services and if you are
under 18 you need parental / guardian approval to use the WiniGames
Services. Some WiniGames Services may
have minimum requirements and we might need to implement some anti-cheat
tools / software. From time to time
we may patch, update or change how the WiniGames Services work in order
to keep them running efficiently and
fun to play.
2.1. We give you a personal, limited, revocable, non-exclusive,
non-transferable and non-assignable licence
to display, view, download, install, play and use the WiniGames Services
on authorised devices/platforms.
This licence is for your personal use only (so you cannot give, ‘sell’,
lend, gift, assign, sub-license or
otherwise transfer it to someone else) and does not give you any
ownership rights in the WiniGames Services.
We own or license all WiniGames Services.
2.2. What about user accounts? In order to
access the WiniGames Services you may
need to create a user account or use an existing account. You are
responsible for protecting your user
account and for your account activities. In particular, keep your
account and password secure. In order to
protect the WiniGames Services, users and WiniGames itself, we reserve
the right if necessary to reject any
user account if it would breach this Agreement or other applicable
rules.
2.3. Are there any age restrictions? Legally,
you must be at least 13 years old to
use the WiniGames Services. If you are between 13 and 18 (or whatever is
the age of adulthood in your
country), please ask your parent or guardian to review and approve this
Agreement and to supervise your use
of the WiniGames Services. Some WiniGames Services may have age ratings,
which will be displayed when you
purchase and/or download them.
2.4. Are there any minimum requirements? Some
WiniGames Services will have minimum
requirements depending on your chosen device/platform, of which you will
be notified at the time. It is your
responsibility to ensure you meet these requirements before downloading
or using the relevant WiniGames
Service. To access online parts of the WiniGames Services you will need
Internet access too – again, this is
your responsibility.
2.5. What about monitoring? In order to protect
WiniGames, WiniGames users and to
enforce this Agreement, WiniGames may deploy anti-cheat and/or other
software tools that run in the
background of your device or related devices/peripherals when you use
the WiniGames Services.
2.6. What about patches and updates? We may
patch, update or change the WiniGames
Services over time (for example to add or remove features, to resolve
software bugs or to balance games),
which will result in mandatory and/or automatic updates. Therefore,
older, un-updated versions may become
unusable over time as a result. It is possible that older
devices/platforms may cease to be supported over
time (although we will use reasonable efforts to notify this to you in
advance). As part of these patches,
updates or changes, we may need to impose limits on, or remove/restrict
access to, certain game features. We
need these rights in order to keep the WiniGames Services running
efficiently and will not have any
liability to you regarding use of them.
2.7. What about third party access and content?
You might get links from us to
third party websites or content through the WiniGames Services. You may
also access the WiniGames Services
through different platforms and devices. Your use of them is your
responsibility – we cannot promise they
will work, what they will be like or if they are free. Some WiniGames
Services may contain third party
offers and materials, such as video offers and in-game advertisements.
While we try to pick the best
partners to work with, we are not responsible for their content (that is
for the partner itself).
3. WINIGAMES SERVICES BETA ACCESS
If you access any WiniGames Services (e.g. a game) in beta or other
pre-full release version, you accept that
they may not be complete and they may not work fully. You accept them
‘as is’. There may be server/progress
resets/other changes during the process. We will not be responsible or
liable for these matters (which are
inherent to you being able to join in the beta process). Basically: you
can get access to cool stuff early,
but it might not work fully yet and that won’t be our fault!
Some WiniGames Services may be released in alpha, closed beta, open beta
or other pre-release versions before
their full commercial release (or “beta” for short). This is usually to
test the features, capabilities, and
performance of the product. These are the additional beta rules:
- We will set the conditions and requirements for your beta access.
Providing and maintaining a beta, and
who can use a beta, is at our discretion.
- We will likely ask you to register for the beta. There may be some
waiting time depending on the number
of people registering, the load on our servers and other technical
aspects.
- Betas will be time-limited and we will decide on when to end them
and what happens next.
- Between beta versions we may perform one or more complete
server/progress reset(s). After the reset,
your account will likely go back to a previous or new state. This
may involve a wipe or other change to
Virtual Goods or Virtual Currency (we will explain how this will
work at the time). No cash refunds will
be provided in connection with any reset or change.
- We may change, modify or remove features as part of testing and
improving the product.
- If appropriate, we may apply confidentiality restrictions to the
beta, which will be notified to you at
the time.
- We may ask you to provide feedback on the beta – this is optional
(but appreciated!).
- Betas will be provided ‘as is’ without any promises from us or any
liability on us if it is not complete
or does not work fully or causes issues.
- You must not attempt to ‘sell’ or transfer your access to a beta. It
is for you, not anyone else.
- We may issue additional terms regarding WiniGames Service betas. We
will notify you in advance if so.
4. RULES FOR USING THE WiniGames SERVICES
This section sets out the rules for you to follow when using the
WiniGames Services – e.g. no hacking,
cheating, harmful conduct etc. Breaking these rules could result in
suspension or cancellation (temporary or
permanent) of your access to the WiniGames Services.
In order to be able to use the WiniGames Services, we ask you to follow
some rules not limited to the
following. Please read these rules carefully since failure to follow
them (particularly those in relation to
cheating) will be considered a material breach of this Agreement, which
could lead to suspension or
cancellation (temporary or permanent) of your access to the WiniGames
Services. Here are the main rules:
- Personal enjoyment. Only use the WiniGames Services for your
personal enjoyment and not for any
commercial or political purposes.
- Restricted access. Do not attempt to copy, rent, sell, lend, lease,
sublicense, distribute, publish or
publicly display the WiniGames Services, Virtual Currency or Virtual
Goods, any user account or any of
your rights under this Agreement to any other party in any way not
expressly authorised under this
Agreement.
- Technical misuse. Do not modify, merge, distribute, translate,
reverse engineer, or attempt to obtain or
use the source code of, decompile or disassemble the WiniGames
Services unless you are specifically
allowed by applicable law.
- Hacking/griefing. Do not hack, harm, grief, harass, threaten or
misuse the WiniGames Services, other
WiniGames Service users or WiniGames products, games, services,
community members or staff.
- Cheating. Do not create, use, make available and/or distribute
cheats, exploits, automation software,
robots, bots, mods, hacks, spiders, spyware, cheats, scripts,
trainers, extraction tools or other
software that interact with or affect the WiniGames Services in any
way (including, without limitation,
any unauthorised third party programs that intercept, emulate, or
redirect any communication between
WiniGames or its partners and the WiniGames Services and/or any
unauthorised third party programs that
collect information about the WiniGames Services by reading areas of
memory used by the WiniGames
Services to store information).
- Account misuse. Do not share, ‘buy’, ‘sell’, transfer, gift, lend,
steal or misappropriate user accounts
or WiniGames Services access keys/codes (all of which are our
property). If you are concerned that any
of this has happened to you, contact customer support at
support@Wini.Games.
- Power-levelling. Do not perform in-game services for others like
power-levelling, boosting or
ladder-climbing, whether or not in exchange for payment (real money
or otherwise) from others.
- No advertising. Do not communicate or facilitate any commercial
advertisement, promotion, spam or
unsolicited messages through the WiniGames Services.
- WiniGames services. Do not deliberately or maliciously interrupt or
interfere with WiniGames services
like customer or technical support or impersonate WiniGames staff.
- Interfering with servers. Do not interfere with or disrupt WiniGames
or third party network software or
servers, including via tunnelling, code injection or insertion,
denial of service, modifying or changing
the software, using any other similar software together with
WiniGames software, through protocol
emulation, or through creation or use of private servers or any
analogous services regarding the
WiniGames Services.
- Accessing servers. Do not access or attempt to access areas of the
WiniGames Services or servers that
have not been made available to the public.
- Data mining. Do not intercept, mine or otherwise collect data or
information from the WiniGames Services
using unauthorised third-party software.
- Accounts and virtual content. Only use user accounts, Virtual Goods
or Virtual Currency (defined below)
for their intended purpose.
- Names/trademarks. Do not use WiniGames, the names of any WiniGames
Services or other WiniGames names or
logos or trademarks for any unauthorised purposes.
- Infringing Content. Do not do anything in connection with the
WiniGames Services that infringes
any copyright, trademark, patent, trade secret, privacy, publicity,
or other rights of others, such as
images, photographs, sound files, text files, graphics files, and
any other material or information.
- Malicious Code. Do not post or upload any files that contain any
malicious code, including viruses,
spyware, Trojan horses, worms, time bombs, intentionally corrupted
data, any other files that contain
malicious code or that may in any way damage or interfere with the
operation of the WiniGames Services.
- Geographic/regional restrictions. You must follow any applicable
geographic or regional, language or
location-based restrictions, requirements or rules regarding the
WiniGames Services.
- Conduct. Do not do or say anything that is or may be considered
racist, harassing, xenophobic, sexist,
discriminatory, abusive, defamatory or otherwise offensive or
illegal. This includes in any chat or
other communications with users. WiniGames reserves the right to
monitor the content of any of your
messages and prevent your use of any such chat or other
communication systems for any reason.
5. INTELLECTUAL PROPERTY RIGHTS
The WiniGames Services are the owned/licensed property of WiniGames.
Who owns the WiniGames Services? The WiniGames
Services, including (but not limited
to) their visual components, characters, story, items, music, graphics,
computer code, user interface, look
and feel, game mechanics, gameplay, audio, video, text, layout,
databases, data and all other content and
all Intellectual Property Rights (defined below) and other legal and
exploitation rights regarding them, are
either owned by us or we license them from third parties. All rights in
the WiniGames Services are reserved
except as explained in this Agreement. No ownership right or interest or
other rights in the WiniGames
Services or any part of it is transferred to you. The WiniGames Services
and their Intellectual Property
Rights are protected by copyright, trademark and other intellectual
property laws worldwide.
“Intellectual Property Rights” means any and all copyright,
trademarks, service marks, trade dress,
brand names, logos, goodwill, get up, trade, business or domain
names, design rights, database rights,
patents, rights in inventions, know-how, trade secrets and
confidential information, rights in
databases, rights in computer software, moral rights, publicity
rights, performance rights,
synchronisation rights, mechanical rights, publishing, rental,
lending and transmission rights and other
intellectual property and exploitation rights of a similar or
corresponding character which may now or
in the future subsist in any part of the world, in all cases whether
or not registered or registrable
including all granted applications and all applications for
registration, division, continuation,
reissuance, renewals, extensions, restorations and reversions
regarding any of the same.
6. USER GENERATED CONTENT AND COMMUNITY CONTENT
If you share content in-game via the WiniGames Services (e.g. sending
links), this is your responsibility.
6.1. What is our position on ‘user generated
content’? The WiniGames Services may
give you the ability to share content (for example to share text, photos
or links with users) – we will call
this “User Generated Content”. If you do share User Generated Content,
then it is at your responsibility and
risk. We have the right (but not the obligation) to check and remove any
inappropriate or illegal User
Generated Content. But to be clear: we do not assume any responsibility
or liability for User Generated
Content. As far as we and you are concerned, you own any User Generated
Content you created but we need you
to give us certain rights over it so that we can actually transmit it
via the WiniGames Services. So, when
you make your User Generated Content available through the WiniGames
Services you give us a non-exclusive,
permanent, irrevocable, worldwide, sub-licensable, royalty-free licence
to use, modify, reproduce, create
derivative works from, distribute, transmit, communicate and publicly
display/perform your User Generated
Content in connection with the WiniGames Services.
7. VIRTUAL CURRENCY AND VIRTUAL GOODS
You may be able to buy and/or otherwise obtain things like cosmetics,
in-game enhancements or virtual
currencies and there are some additional legal rules for them. They do
not have any “real world” monetary
value and you cannot buy, sell or trade these with other users.
7.1. Do the WiniGames Services offer virtual goods or virtual
currencies? Certain
WiniGames Services may let you purchase and/or otherwise obtain (for
example, by completing offers or
watching in-game advertisements) virtual, in-game digital items and
content including for example cosmetic
and in-game enhancements and other downloadable content
(“Virtual Goods”). You may at our
discretion be able to buy certain Virtual Goods with “real world” money
and/or virtual currency (which you
may be able to earn by playing the game and/or with “real world” money)
(we will call this “Virtual
Currency”). We are the sole provider and issuing authority
regarding Virtual Goods and Virtual
Currency and only WiniGames Services users can use them.
7.2. Are there any additional payment requirements you should
know about? If you
buy Virtual Goods, you agree to the pricing, payment and billing
policies applicable to them, as notified to
you at the time of purchase. You are responsible for ensuring that you
have authorisation to use any chosen
payment method, which includes obtaining account-holder/parent/guardian
approval if applicable. You are
responsible for ensuring that this authorisation is maintained at all
material times. Do not make
inappropriate charge-back or refund requests. You are responsible for
applicable fees and taxes. All
payments are non-refundable and non-transferable except as expressly
provided in this Agreement.
7.3. What are the legal requirements regarding Virtual Goods
and Virtual Currency?
Virtual Goods and Virtual Currency are digital items only with no
cash-value or real world existence and
cannot be ‘bought’, ‘sold’, gifted, transferred or redeemed, whether or
not for other Virtual Goods, Virtual
Currency, ‘real world’ money, goods, services or items of monetary
value. Trading Virtual Goods or Currency
is prohibited (unless we specifically permit otherwise in the applicable
WiniGames Services). Your right to
use any Virtual Goods and Virtual Currency that you obtain is limited to
a limited, non-exclusive,
non-assignable, non-transferable, non-sub-licensable, revocable licence
to use such Virtual Goods and
Virtual Currency solely for your personal entertainment and
non-commercial use in the relevant WiniGames
Service only. You have no property interest or right or title in any
Virtual Goods or Virtual Currency,
which remain WiniGames property. WiniGames reserves the right to
reverse, change or amend Virtual Goods or
Virtual Currency transactions or other matters if necessary to protect
the WiniGamesServices and/or to
enforce this Agreement.
7.4. Is there a limit on the amount of Virtual Goods or
Virtual Currency you can
hold? In order to protect the WiniGames Services,
users and to stop fraud, we may
impose limits on the use of Virtual Goods and Virtual Currency
(including transaction limits and balance
amounts).
7.5. Will these Virtual Goods or Virtual Currency expire or
be revoked? Virtual
Goods and Virtual Currency do not expire, but we reserve the right to
change or amend that if necessary. We
are not obliged to provide Virtual Goods or Virtual Currency to you.
WiniGames reserves the right to revoke
from users (without notice or compensation) any Virtual Goods and/or
Virtual Currency that have been
obtained by users by way of (for example) bug, hack or exploitation of
the WiniGames Services or promotional
offers.
7.6. Will Virtual Goods or Virtual Currency ever
change? The existence of a
particular offer for Virtual Goods or Virtual Currency is not a
commitment by us to maintain or continue to
make the Virtual Goods or Virtual Currency or that offer available in
the future. The scope, variety and
type of Virtual Goods and Virtual Currency that you may obtain can
change at any time and we have the right
to manage, regulate, control, modify or remove Virtual Currency or
Virtual Goods in our sole discretion if
we consider any of this necessary for the ongoing operation of the
WiniGames Services or for other
legitimate reasons, in which case we will have no liability to you or
anyone for the exercise of such
rights. We will endeavour where possible to give you reasonable notice
of any such changes and to explain
the reasons why.
7.7. Can you refund purchases of Virtual Goods or Virtual
Currency?
If you are resident in the European Union:
Subject to the terms of any applicable device/platform via which you
access the WiniGames Services: you have
the right to withdraw from a purchase of the WiniGames Services, Virtual
Goods and/or of Virtual Currency
within 14 days of your purchase, without giving a reason. You
hereby expressly acknowledge that you
lose your right of withdrawal once the performance of our service has
begun and your account is provided
with access to the relevant WiniGames Services, Virtual Goods and/or
Virtual Currency. You agree that
the supply of WiniGames Services, Virtual Goods and/or Virtual Currency
and the performance of services
begins immediately after you complete your purchase. Therefore, once
access to the WiniGames Services,
Virtual Goods and/or Virtual Currency has been enabled on your account,
the contract has been fully
performed by us.
If you are resident elsewhere in the world outside the European
Union (including the UAE):
Subject to the terms of any applicable device/platform via which you
access the WiniGames Services: all
purchases are final and no refunds will be made or returns
accepted.
8. FEEDBACK OR SUGGESTIONS
Feedback and suggestions are great (thank you!) but at our discretion
without responsibility/liability.
You are welcome to give us feedback and suggestions to improve the
WiniGames Services – in such case you can
contact us at support@Wini.Games. We appreciate your feedback and
suggestions, but we may choose not to use
or accept them at our discretion. In any event the feedback/suggestions
will be received by us without any
obligations or liability to you.
9. WARRANTIES AND LIABILITY
We provide warranties (i.e. legally binding promises) about the WiniGames
Services, for example that we will
take reasonable care regarding your use of the WiniGames Services. We
also explain a bit further how we are
legally responsible to each other. We ask for certain legal protections
from you (legally, this does not
apply to EU users).
9.1. Our warranties. We represent and warrant
that: (i) we have the right to enter
into this Agreement and to grant you the licence to use the WiniGames
Services in section 2; (ii) we will
take reasonable care regarding the WiniGames Services and your use of it
and (iii) we will use reasonable
efforts to comply with applicable laws under this Agreement.
9.2. Your warranties to us You represent and
warrant that you have the full power
and ability to enter into this Agreement and will follow fully its
terms. You also represent and warrant
that any User Generated Content that you transmit via the WiniGames
Services does not infringe upon the
intellectual property rights of any third party. You further represent
and warrant that you will not use or
contribute User Generated Content that is unlawful, tortious,
defamatory, obscene, invasive of the privacy
of another person, threatening, harassing, abusive, hateful or racist.
9.3. Limitation of liability
The following section does not apply to you if you are resident in the
European Union or countries whose laws
specifically prohibit the following liability limitations, but it does
apply to you if you are resident in
the UAE.
(I) OUR DISCLAIMERS. EXCEPT AS WE HAVE SET OUT ELSEWHERE IN THIS
AGREEMENT, WINIGAMES AND ITS AFFILIATES,
PARTNERS AND LICENSORS DISCLAIM ANY IMPLIED OR EXPRESS WARRANTIES OR
REPRESENTATIONS REGARDING THE WINIGAMES
SERVICES.
(II) LACK OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR
PURPOSE; OR
(III) THE EXISTENCE OF ANY FAULTS OR ERRORS; OR (IV) INFRINGEMENT OF ANY
THIRD PARTY INTELLECTUAL PROPERTY
RIGHTS. THE WINIGAMES SERVICES ARE OTHERWISE PROVIDED TO YOU ON AN
“AS IS”, “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH
MIGHT APPLY TO THE WINIGAMES SERVICES,
INCLUDING WITHOUT LIMITATION: IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE
FROM A COURSE OF DEALING OR COURSE
OF PERFORMANCE OR USAGE OF TRADE, FREEDOM FROM VIRUSES OR ERRORS OR
DEFECTS, AND/OR ANY WARRANTIES AS TO THE
ACCURACY, LEGALITY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION
CONTAINED WITHIN THE WINIGAMES
SERVICES. WE DO NOT WARRANT THAT THE WINIGAMES SERVICES WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE GAME WILL BE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
(II) OUR LIABILITY LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WINIGAMES, ITS AFFILIATES,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR HARM
OF ANY KIND ARISING FROM THE USE OR
INABILITY TO USE OR ‘LOSS’ RELATING TO THE WINIGAMES SERVICES.
WINIGAMES, ITS AFFILIATES, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY
DAMAGES OR ANY OTHER DAMAGES ARISING OUT OF OR CONNECTED WITH THE
SAME. THIS INCLUDES IF YOU SUFFER
DAMAGE BECAUSE YOU CANNOT USE THEM (EITHER TEMPORARILY OR PERMANENTLY).
NONE OF THE ABOVE WILL BE AFFECTED
IN ANY WAY EVEN IF WINIGAMES OR ITS AFFILIATES, PARTNERS OR LICENSORS
ARE AT FAULT (WHETHER THROUGH
NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY OR STRICT LIABILITY)
AND EVEN IF YOU OR WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(III) OUR LIABILITY CAP. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT WILL OUR TOTAL
LIABILITY TO YOU IN CONNECTION WITH THE WINIGAMES SERVICES OR THIS
AGREEMENT EXCEED AN AMOUNT EQUAL TO THE
AMOUNT YOU HAVE ACTUALLY PAID US (IF ANY) IN CONNECTION WITH THE MATTERS
UNDERLYING ANY CLAIM(S).
(IV) YOUR INDEMNITY TO US. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS ON
DEMAND WINIGAMES, ITS AFFILIATES,
LICENSORS AND PARTNERS FROM ALL LIABILITIES, CLAIMS AND EXPENSES,
INCLUDING LEGAL FEES, IN CONNECTION WITH:
(1) ANY ALLEGED OR ACTUAL BREACH OF THIS AGREEMENT; (2) THE USE OF THE
WINIGAMES SERVICES BY YOU OR ANY
PERSON ON YOUR BEHALF; (3) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
OR OTHER PROPERTY OF WINIGAMES;
AND/OR (4) YOUR USER GENERATED CONTENT. IF CLAIMS ARE BROUGHT AGAINST
US, THEN YOU WILL COOPERATE FULLY WITH
US AND WE RESERVE THE RIGHT TO TAKE OVER THEIR DEFENCE. YOU WILL NOT
SETTLE ANY SUCH CLAIMS WITHOUT OUR
PRIOR WRITTEN CONSENT.
(V) INJUNCTIVE RELIEF. YOU AGREE THAT ANY LOSS, DAMAGE OR HARM YOU SUFFER
ARE NOT IRREPARABLE OR SUFFICIENT,
AND OTHER REMEDIES WILL BE ADEQUATE, SUCH THAT YOU ARE NOT ENTITLED TO
INJUNCTIVE OR OTHER EQUITABLE RELIEF
AGAINST US.
10. TERMINATION
You can terminate this Agreement by stopping the use of all WiniGames
Services. We may cancel or suspend
(temporarily or permanently) your access to any and/or all of the
WiniGames Services if you seriously breach
this Agreement.
10.1. When and how can you terminate this
Agreement? You can terminate this
Agreement by permanently stopping use of all WiniGames Services at any
time. Termination will not affect
already existing rights or obligations of us or you.
10.2. When can we suspend or terminate your access to the
WiniGames Services?
We may cancel or suspend (temporarily or
permanently) your access to any and/or all
of the WiniGames Services if you materially breach this Agreement, which
includes but is not limited to a
breach of this Agreement which is serious and/or which could cause real
harm to the WiniGames Services,
other WiniGames Services users, WiniGames or other matters governed
under this Agreement. In particular, it
applies to the WiniGames Services rules we specify in section 4 above
(for example, no cheating or account
misuse). If we cancel or suspend your account in this way, we will use
reasonable efforts to explain why we
have done this and what (if anything) you can do as a result.
Cancellation or suspension will include you
losing access to Virtual Goods and Virtual Currency. If we cancel or
suspend your account under this
section, then we will not have any obligations or liabilities to you at
all.
If WiniGames decides itself to stop providing any WiniGames Services
permanently, then we will try to give
you at least sixty (60) days’ notice by posting an update on the
applicable website. After that time period,
we will not have any future obligations or liabilities to you (this does
not affect any pre-existing
obligations or liabilities.
11. FORCE MAJEURE
If unforeseen events beyond your or our control take place then neither
of us will be liable to the other for
any obligations which cannot be performed.
11.1. Neither of us will be liable to the other regarding any
performance, or non-performance, or delay, in
whole or in part, due to Force Majeure.
“Force Majeure” means any cause preventing a party from
performing any or all of its obligations
which arises from or is attributable to acts, events, omissions or
accidents beyond the reasonable control
of the party so prevented including strikes, lock-outs or other
industrial disputes (other than any such
dispute involving the workforce of the party so prevented), nuclear
accident or acts of God, war or
terrorist activity, riot, civil commotion, malicious damage (excluding
malicious damage involving the
employees of the affected party or its subcontractors), compliance with
any law or governmental order, rule,
regulation or direction, industrial action by employees of any providers
of electrical power, failure of
technical facilities, hacking, denial of service or other IT attack,
deployment of IT virus malware or
similar technology, fire, flood, or storm or default of suppliers or
subcontractors.
12. GOVERNING LAW
Any legal questions / complaints / claims regarding this Agreement are
under UAE law and jurisdiction for
users all around the world.
12.1. If you are resident in the European Union and elsewhere in
the world (but not the
UAE):
You and we agree that your use of the WiniGames Services, and this
Agreement, and any issues arising out of
them, will be governed by and interpreted according to the laws of
Ireland and any dispute regarding it will
be exclusively under the jurisdiction of the courts of Ireland. In any
legal claim under this Agreement, the
side which wins will be entitled to its legal fees and expenses. This
does not exclude any mandatorily
applicable rules or remedies which would be available to you in a legal
claim brought under the law of your
EU Member State of residence.
12.2. If you are resident in the UAE:
To the extent not covered by the Dispute Resolution and Arbitration
language below, you and we agree that
your use of the WiniGames Services, and this Agreement, and any issues
arising out of them, will be deemed
to be entered into in UAE governed by and interpreted according to the
laws of UAE, without regard to choice
of law principles. Any legal claim by you against WiniGames, to the
extent not covered by the Dispute
Resolution and Arbitration language below, will be made exclusively in
state which will have subject matter
jurisdiction regarding the dispute between you and us and therefore we
both consent to the exclusive
jurisdiction of those courts. Moreover, you waive any rights to argue
that the state and federal courts in
UAE are an improper venue. In any legal claim under this
Agreement, the side who wins will be entitled
to its legal fees and expenses.
13. DISPUTE RESOLUTION AND BINDING ARBITRATION
If you have any concerns or issues you can contact us at
support@Wini.Games. We hope we can resolve any
complaints with you through informal dispute resolution.
13.1. If you have concerns or issues with us, we hope we can resolve them
quickly and amicably – you can
contact us at support@Wini.Games. However, we recognise
that occasionally there might be
legal disputes which are not so easily resolved. In this section
we explain what happens if there is a
legal dispute.
13.2. Informal dispute resolution:
We and you both agree to make reasonable and good faith efforts to
resolve any dispute between us
informally. Normally we would suggest that this dispute resolution
period lasts 30 days unless
exceptional circumstances exist. If it is not resolved
during this time, the next steps depend
on where you live. If you are resident in the European Union, you may be
entitled to submit a complaint
through the Online Dispute Resolution Platform operated by the European
Commission, details of which can be
found at ec.europa.eu/consumers/odr/.
If we can’t resolve a dispute with you informally, then this is what
happens next.
IMPORTANT: if you live in the UAE, this section involves both you and us
agreeing to mandatory arbitration of
any dispute between us.
13.3. Dispute resolution next steps: if you live in the European
Union or elsewhere in the world (but
not the UAE):
You and we have the legal right to commence legal claims against each
other if we consider it
necessary. If you bring a claim against WiniGames, you should
address it to support@Wini.Games.
13.4. Dispute resolution next steps: if you live in the
UAE:
13.4.1. Arbitration:
We and you agree to resolve all disputes and claims between us in
individual binding arbitration. This
includesThe rules for the arbitration:without limitation any claims
arising from this Agreement, any part of
the relationship between you and us or your use of the WiniGames
Services or other WiniGames games, products
and services. This section applies whether the dispute or claim is
based in contract, tort, statute,
fraud, unfair competition, misrepresentation or any other legal
doctrine.
(Some explanatory notes from us: “arbitration” is a consensual dispute
resolution process where both sides
present their case to a neutral arbitrator (not a judge or jury).
Arbitration is less formal than
court litigation and it has less formal rules (which we talk about
below). Just so we and you are
clear: by choosing arbitration you and we are giving up the
right to have any dispute between us
heard in court before a judge and/or jury.) You and
WiniGames agree that any claim arising out
of or related to the WiniGames Services must be made within one (1) year
after the claim arose; otherwise,
such claim is permanently barred. You agree that the provisions in
this paragraph will survive any
termination of your account or the WiniGames Services.
13.4.2. How to start an arbitration:
If either of us wants to commence arbitration, then they have to send the
other side a written notice setting
out the basis of the claim and what remedy the commencing side wants
from the other side. A printed
version of this Agreement and of any notice given in electronic form
shall be admissible to the same extent
and subject to the same conditions as other business documents and
records originally generated and
maintained in printed form. If you send a notice to us, please
send by mail and by email.
14. OTHER LEGAL MATTERS
This section sets out a few additional, hopefully self-explanatory rules
about how this Agreement works
legally. For example, this Agreement is just between you and us, we
might be required to comply with law
enforcement requests etc.
- If any part of this Agreement is found not to be legally
enforceable, this will not affect any other
part of it;
- This Agreement governs our relationship with you (and vice versa).
It does not create any rights for
anyone else;
- Please remember that we are subject to various laws and we may be
required to comply with law
enforcement or other legal requirements, including import/export
controls;
- You and we agree that the UN Convention on Contracts for the
International Sale of Goods does not apply
to the WiniGames Services or this Agreement;
- We can assign, subcontract or transfer this Agreement to a third
party or another member of our group if
necessary for the support of the WiniGames Services, as part of any
reorganisation or merger or for
other business reasons. We will notify you if this happens;
- No failure or delay by us or you to exercise any right or remedy
provided under this Agreement or by law
will constitute a waiver of that or any other right or remedy, nor
will it preclude or restrict the
further exercise of that or any other right or remedy. No single or
partial exercise of such right or
remedy by us or you will preclude or restrict the further exercise
of that or any other right or remedy;
and
- This Agreement does not create any exclusive relationship between us
nor any partnership, joint venture,
employment or agency.
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