WinWin Interactive Co., Ltd. Terms of Service
1.Accepting the Terms
These
Terms of Service ("Terms") are a legal agreement between WinWin Interactive Co., Ltd. ("WinWin Interactive") and you ("you). By accessing or
using the Service, you agree that you have read, understood, and accept to be
bound by the Terms. WinWin Interactive reserves the right, in its sole discretion,
modify or revise these Terms at any time, and you agree to be bound by such
modifications or revisions. If you do not agree to the Terms, do not use the
Service.
Users
are responsible for periodically viewing the Terms. Your continued use of the
Service after a change or update has been made will constitute your acceptance
to the revised Terms. If you do not agree to the Terms your only remedy is to
discontinue your use of the Service and cancel any accounts you have made using
the Service.
If
you violate the Terms, WinWin Interactive reserves the right to issue you a warning
regarding the violation or immediately terminate or suspend any or all accounts
you have created using the Service. You agree that WinWin Interactive need not
provide you notice before terminating or suspending your account(s), but it may
do so.
WinWin Interactive reserves the right to refuse any user access to the Services without
notice for any reason, including, but not limited to, a violation of the Terms.
You
agree that WinWin Interactive may discontinue the Service or change the content of
the Service at any time, for any reason, with or without notice to you, without
liability.
You
represent that you are 13 years old or older. If you are between the ages of 13
and 18, you represent that your legal guardian has reviewed and agrees to the
Terms.
2.Intellectual Property/Ownership
All
materials that are part of the Service (including, but not limited to, designs,
text, graphics, pictures, video, information, applications, software, music,
sound and other files, and their selection and arrangement) are protected by
law from unauthorized use. The entire contents of the Service are copyrighted
under the Kingdom of Thailand’s copyright laws and/or similar laws of other
jurisdictions.
You
agree that no materials that are part of the Service may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed,
posted, transmitted, or sold in any form or by any means, in whole or in part,
or otherwise exploited without WinWin Interactive's express prior written
permission, except that the foregoing does not apply to your own User Content
(as defined below) that you legally post on the Site. All other uses of
copyrighted material, including any derivative use, require prior written
permission from WinWin Interactive. Any reproduction or redistribution of materials
not in accordance with these Terms is expressly prohibited and may result in
severe civil and criminal penalties.
WinWin Interactive and/or its licensors remain the owners of right, title, and interest,
including copyrights and other intellectual property rights, in and to all
materials posted on the Services by WinWin Interactive. You acknowledge that you do
not acquire any ownership rights by using the Service or by accessing any
materials posted on the Service by WinWin Interactive, or any derivative works
thereof.
WinWin Interactive grants you a personal, non-exclusive, non-transferable, revocable,
limited scope license to use the Service solely for the purpose of viewing and
using the applicable Services and for no other purpose whatsoever. Your license
to use the Services is limited by these Terms.
3.User Content
You
agree that you are willingly publishing the content on the Service using
technology and tools provided by WinWin Interactive. You understand and agree that
you may not distribute, sell, transfer or license this content and/or
application in any manner, in any country, or on any social network or other
medium without the explicit written permission of WinWin Interactive. You grant
WinWin Interactive the right to act as an agent on your behalf as operator of the
application.
Any
data, text, graphics, photographs and their selection and arrangement,
(hereinafter "User Content") uploaded to the Service are subject,
whether in whole or in part, to unlimited commercial, non-commercial and/or
promotional use by WinWin Interactive. Text, graphics, and photographs are uploaded
by you and are the sole responsibility of the person from whom the User Content
originated. Thus, users are responsible, and WinWin Interactive is not responsible,
for any files users upload, post, or otherwise make available. WinWin Interactive
may or may not regulate User Content and does not guarantee the accuracy,
quality, or integrity of any User Content posted via the WinWin Interactive
application. By using WinWin Interactive you acknowledge and accept that you may be
exposed to material you find offensive or objectionable. You agree that WinWin Interactive will not under any circumstances be liable for any User Content,
including, but not limited to, errors in any User Content, or any loss or
damage incurred by use of the User Content.
WinWin Interactive reserves the right to remove and permanently delete any User Content
from the Service with or without notice.
4.Virtual Currencies/Goods
The
Service may include an opportunity to purchase virtual, in-game currency
("Virtual Currency") that may require you to pay a fee using
"real money" to obtain the Virtual Currency. Virtual Currency can
never be redeemed for real money, goods, or any other item of monetary value
from WinWin Interactive or any other party. You understand that you have no right or
title in the virtual in game items or Virtual Currency.
Your
purchase of Virtual Currency is final and is not refundable, exchangeable,
transferable, except in WinWin Interactive 's sole discretion. You may not
purchase, sell, or exchange Virtual Currency outside the Service. Doing so is a
violation of the Terms and may result in termination of your account with the
Service and/or legal action.
WinWin Interactive retains the right to modify, manage, control and/or eliminate Virtual
Currency at its sole discretion. Prices and availability of virtual in game
goods are subject to change without notice.
5.Rules of
Conduct/Usage
The
WinWin Interactive Service may provide communication channels such as forums,
communities, or chat areas ("Communication Channels") designed to
enable you to communicate with other Service users. WinWin Interactive has no
obligation to monitor these communication channels but it may do so and
reserves the right to review materials posted to the Communication Channels and
to remove any materials, at any time, with or without notice for any reason, at
its sole discretion. WinWin Interactive may also terminate or suspend your access to
any Communication Channels at any time, without notice, for any reason. You
acknowledge that chats, postings, or materials posted by users on the Communication
Channels are neither endorsed nor controlled by WinWin Interactive, and these
communications should not be considered reviewed or approved by WinWin Interactive.
WinWin Interactive will not, under any circumstances, by liable for any activity
within Communication Channels.
You
agree that all your communications with the Communication Channels are public,
and thus you have no expectation of privacy regarding your use of the
Communication Channels. WinWin Interactive is not responsible for information that
you choose to share on the Communication Channels, or for the actions of other
users.
You
agree that your use of the Service shall be lawful and that you will comply
with the usage rules. In furtherance of the foregoing, and as an example and
not as a limitation, you agree not to use the Service in order to:
1.post,
upload, transmit or otherwise disseminate information that is obscene,
indecent, vulgar, pornographic, sexual or otherwise objectionable
2.defame,
libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone,
hatefully, racially, ethnically or, in a reasonable person's view, otherwise
offensive or objectionable
3.upload
or transmit (or attempt to upload or transmit) files that contain viruses,
Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or
any other similar software or programs that may damage the operation of the
Service or other users' computers
4.violate
the contractual, personal, intellectual property or other rights of any party
including using, uploading, transmitting, distributing, or otherwise making
available any information made available through the Service in any manner that
infringes any copyright, trademark, patent, trade secret, or other right of any
party (including rights of privacy or publicity)
5.attempt to
obtain passwords or other private information from other members
6.
use support channels or complaint buttons improperly to make false reports to
WinWin Interactive
7.develop,
distribute, or publicly inform other members of "auto" software
programs, "macro" software programs or other "cheat
utility" software program or applications in violation of the applicable
License Agreements
8.exploit,
distribute or publicly inform other members of any game error, miscue or bug
which gives an unintended advantage
9.violate any
applicable laws or regulations, or promote or encourage any illegal activity
including, but not limited to, hacking, cracking or distribution of counterfeit
software, or cheats or hacks for the Service
6.Disclaimer of
Warranty; Limitation of Liability
You
agree that your use of the Service shall be at your sole risk. To the fullest
extent permitted by law, WinWin Interactive, its officers, directors, employees, and
agents disclaim all warranties, express or implies, in connection with the
website and your use thereof including implied warranties of title,
merchantability, fitness for a particular purpose or non-infringement,
accuracy, authority, completeness, usefulness, and timeliness. WinWin Interactive
makes no warranties or representations about the accuracy or completeness of
the content of the Service or the content of any sites linked to the Service
and assumes no liability or responsibility for any (i) errors, mistakes, or
inaccuracies of content, (ii) personal injury or property damage, of any nature
whatsoever, resulting from your access to and use of the Service, (iii) any
unauthorized access to or use of our secure servers and/or any and all personal
information and/or financial information stored therein, (iv) any interruption
or cessation of transmission to or from the Service, (v) any bugs,
viruses, trojan horses, or the like which may be transmitted to or
through the Service by any third party, and/or (vi) any errors or omissions in
any content or for any loss or damage of any kind incurred as a result of the
use of any content posted, emailed, transmitted, or otherwise made available
via the Service.
In
no event will WinWin Interactive, its directors, officers, agents, contractors,
partners and employees, be liable to you or any third person for any special,
direct, indirect, incidental, special, punitive, or consequential damages
whatsoever including any lost profits or lost data arising from your use of the
Service or other materials on, accessed through or downloaded from the Service,
whether based on warranty, contract, tort, or any other legal theory, and
whether or not WinWin Interactive has been advised of the possibility of these
damages. The foregoing limitation of liability shall apply to the fullest
extent permitted by law in the applicable jurisdiction. You specifically
acknowledge that WinWin Interactive shall not be liable for user
submissions
or the defamatory, offensive, or illegal conduct of any third party and that
the risk of harm or damage from the foregoing rests entirely with you.
You
agree to indemnify and hold WinWin Interactive, and each of its directors, officers,
agents, contractors, partners and employees, harmless from and against any
loss, liability, claim, demand, damages, costs and expenses, including
reasonable attorney's fees, arising out of or in connection with (i) your use
of and access to the Service; (ii) your violation of any term of these Terms of
Service; (iii) your violation of any third party right, including without
limitation any copyright, property, or privacy right; (iv) any claim that one
of your User Submissions caused damage to a third party; or (v) any Content you
post or share on or through the Service.
7.Refund policy
In order to prevent fraud,
WinWin Interactive has the following policies regarding refund:
·
WinWin Interactive reserves the right to NOT issue a refund in any
circumstance after the transaction is completed. It is your responsibility to
ensure that everything is correct before making the confirmation.
·
Properties, items, information in the account, gifts and rewards cannot
be exchanged for cash or anything of monetary value.
·
If the transaction was not made by you but your information was stolen
and used to make the transaction, it is your responsibility to take actions
against the wrongdoer. WinWin Interactive will not take any responsibility or
liability for any loss or damage.
·
WinWin Interactive does not accept any request for any refund and/or
compensation in the case that the loss or damage is caused by the user himself.
8.General
By
visiting or using the the Service, you agree that the laws of the
Kingdom of Thailand, without regard to principles of conflict of laws and
regardless of your location, will govern these Terms of Service and any dispute
of any sort that might arise between you and WinWin Interactive. Any claim or dispute
between you and WinWin Interactive that arises in whole or in part from your use of
the Service shall be decided exclusively by a court of competent jurisdiction
located in Thailand, and you hereby consent to, and waive all
defenses of lack of personal jurisdiction and forum
non conveniences with respect to venue and jurisdiction in Thailand.
WinWin Interactive reserves the right to amend these Terms of Service at any time
and without notice, and it is your responsibility to review these Terms of Service
for any changes. Your use of WinWin Interactive following any amendment of these
Terms of Service will signify your assent to and acceptance of its revised
terms. YOU AND WinWin Interactive AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.