Terms & Conditions
Effective as of 8 March, 2023
C. Agreement. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE CREATING AN ACCOUNT WITH US, PLAYING OUR GAME, OR USING ANY OF OUR SERVICES. YOU CANNOT CREATE AN ACCOUNT, PLAY OUR GAME, OR USE ANY SERVICES IF YOU DO NOT ACCEPT THESE TERMS. BY CREATING AN ACCOUNT, PLAYING THE GAME, USING ANY OF THE OTHER SERVICES, OR BY CLICKING “I ACCEPT”, YOU AFFIRMATIVELY INDICATE THAT YOU HAVE:
(i) READ AND ACCEPT THESE TERMS;
(ii) AGREE TO BE BOUND BY THESE TERMS; AND
(iii) ARE AUTHORIZED AND ABLE TO ACCEPT THESE TERMS.
D. Arbitration, Class Action Wavier, and Dispute Resolution. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR GAME, SOFTWARE, OR ANY OTHER SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN SECTION 9 BELOW. PLEASE READ SECTION 9 CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
E. Changes to these Terms. We reserve the right to change, revise, or otherwise modify these Terms at any time, with or without notice. We will strive to post any such changes on our website, but it is solely your responsibility to review and read the Terms, as they may change from time to time. Continued use of the Services and use of the Game means you accept and agree to be bound by the revised Terms. We strongly suggest that you periodically review these Terms for any changes.
F. Violation of these Terms. If you violate any of these Terms or if we believe that you have violated these Terms, we may terminate your Account with or without notice, limit or restrict your access to the Services (including the Game), and you may forfeit any funds in your Account or any prizes that you may have associated with your Account, with such forfeited funds used to defray the costs of administration and enforcement or donated or otherwise used for a nonprofit purpose. Taking any action against you listed in this section does not limit our ability to take any other action permitted by law or to pursue any other legal or equitable remedies that may be available, including without limitation damages and injunctive relief.
G. Users located in the United States. To be eligible for an Account, to use our Services, and play our Game, you must:
(i) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account creation;
(ii) have the power and ability to enter into a contract with Winkel Limited;
(iii) be physically located within the U.S. when accessing your Account and playing the Game;
(iv) be physically located within a U.S. state in which use of our Services and playing the Game is unrestricted by that state’s laws when accessing your Account and playing the Game;
(v) not be in violation of any state, local, federal, or other law when accessing your Account and playing the Game; and
(vi) at all times abide by these Terms.
If you violate any of these requirements at any time, we may suspend or close your Account, prohibit your access to the Services (including the Game), and you may forfeit any money associated with your accounts and any prizes. We may take these actions with or without notice.
H. Users located outside of the United States. To be eligible for an Account, to use our Services, and play our Game, you must:
(i) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account creation;
(ii) have the power and ability to enter into a contract with Winkel Limited;
(iii) be physically located within a jurisdiction that does not prohibit the Services or the Game and does not prohibit you from accessing the Services and playing the Game;
(iv) at all times abide by these Terms.
NOTE: We are only processing deposits made by and withdrawals requested by users located in one of our operating countries, which as of the date of these Terms are the United States, United Kingdom, Canada, Australia, and Germany. If you are located outside of one of our operating countries, you will not be allowed to deposit or withdraw funds, and we may further restrict your access to the Game in our sole discretion and without any liability to you.
If you violate any of these requirements at any time, we may suspend or close your Account, prohibit your access to the Services, and you may forfeit any money associated with your accounts and any prizes. We may take these actions with or without notice.
2. User Account.
A. Registration and Username. To register for a user account, you must provide a valid email address that you personally control. You will be asked to create a password and be given the opportunity to create username. Please ensure that the username and password are kept secret, as you are responsible for all activity associated with your Account. We reserve the right, in our sole discretion, with or without notice, to reject, change, suspend, modify, or terminate your username. The information that we request as part of the Account registration process may also be provided by your login with your Apple, Google, or other existing account. By logging in with such an existing account you are agreeing to these Terms to the same extent as if you are creating a new account. You represent and warrant that all the information you provide to us is true, accurate, legal, valid and complete, and further represent and warrant that you will promptly provide the updated information to us. If you submit any incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, it may result in the immediate termination of your Account and forfeiture of any prizes and funds.
B. Use of the Account. You are the holder of the Account and are the sole person responsible for complying with these Terms. You are also the sole person entitled to the benefits associated with using the Account. You are prohibited from allowing any other person to (i) access your Account; (ii) use the Services (including the Game) through your Account; (iii) accept or use any prizes or other winnings. Your Account is not transferrable to any other person and may not be merged with any other account.
C. Compromised Account. You agree to immediately notify us of any unauthorized use of your username, password, or Account, or any other security breach, whether actual, threatened, or suspected, associated with your Account or the Services.
D. Personal Location Data. As part of providing the Services, we will collect information location from the device you are using to access the Services (including playing the Game). You may disable location access at any time on your device; however, certain Services (such as access to the Game) requires us to verify location of the user, and accordingly your access may be limited or denied if we are unable to verify your location.
E. Use of Information Collected. We may use the information you provide us (including but not limited to your email address) to send you periodic promotional materials, special announcements, and other related communications. You have the opportunity to opt out of these communications at any time.
F. Account Deletion. You may delete your Account at any time within the Game’s account settings. Deleting your Account is permanent and removes your Account from our records, along with any data that we are not required to maintain by law. Account deletion cannot be reversed. Because your account is associated with funds deposited and/or received as a prize, we may require additional steps to complete Account deletion to verify your identity and comply with applicable laws. Such steps may include identity verification measures and confirmations, such as entering a code sent to an associated telephone number or email address.
G. Funds in Deleted Account. It is your responsibility to verify the funds in your Account prior to initiating deletion in accordance with Section 2.F. If there are any funds in your account at the time that you request deletion, such funds will be forfeited and deemed non-refundable, whether those funds are deposited by you or received as a prize. Accordingly, we strongly recommend that you request a withdrawal in accordance with Sections 4.C and 4.D below. If you require assistance or have any concerns regarding the timing of withdrawal impacting your privacy or account deletion rights, please contact us at email@example.com.
H. One Account per User. You may not create more than one Account. We may actively monitor your activities for any evidence of multiple account use and may ask for additional information from you, including for a copy of your government-issued identification, such as a driver’s license or passport. If we are unable to verify your compliance with our “one Account” rule, we reserve the right to block your Account or Accounts, restrict or prohibit withdrawals or any funds associated with your Account, and to pursue all other rights and remedies that we may have under the law.
3. Services and Related Software.
A. Services. We may at any time, with or without prior notice to you, (i) modify, suspend, or terminate your access to the Services (including the Game) without any liability to you and for any reason (or no reason) whatsoever; (ii) interrupt access to the Services at any time and without liability for the purposes of maintenance, repairs, and patching.
B. Software. To access the Game and use our Services, you may be required to download certain software and associated program interfaces, license keys, and patches (“Software”) on your device. By downloading the Software, you agree and understand that periodic updates may be necessary and if you do not allow access for the purposes of updates, the Software may no longer be usable and you may no longer be able to access the Game.
4. The Game.
A. Description and Nature of the Game. The Game is a skill-based mobile app game. The Game allows two or more real-world players to compete against each other in various skill-based contests. In each contest, the players are given an identical board, deck, or other set of starting conditions. Players score points based on their speed, decision-making, dexterity, and coordination. The contests are timed and the player with the highest score at the end of the contest is the winner and is awarded a prize.
B. Game of Skill. The Game is designed as a contest of pure skill that allows participants to compete against each other for a "prize" awarded to the winner. There is no element of luck or chance that affects the outcome, as each player is given the same board, deck, or other set of starting conditions and the only variable factor is how skillfully and quickly the player plays the particular contest within the Game. Each player’s dexterity, speed, and logical decision-making affects their score and ability to win. Each person contributes an entry fee for a chance to compete against another person for the "prize." In the free-to-play option, the players pay virtual "free" coins that they can earn in-game, such as for logging in or watching an ad. The player who wins gets the prize consisting of virtual coins, which have no real-world value, but may be used to pay entry fees for additional free games. In certain jurisdictions, players will have the opportunity to pay real-money entry fees for an opportunity to compete against other real-world players and to win real-money prizes.
C. Account Funding and Fees. If you are a United States resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your prizes total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your prizes any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but at all times you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
If you are not a United States resident or are a non-citizen alien residing in the United States, we may require you to complete different tax forms, for our reporting and recordkeeping purposes. NOTHWITHSTANDING ANY OF THE FOREGOING, IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE TAX REPORTING AND PAYMENT OBLIGATIONS WITH RESPECT TO PRIZES RECEIVED FROM OUR GAME IN YOUR JURISDICTION. We disclaim any and all liability to you in relation to your payment or non-payment of any tax or fee related to any prizes.
D. Entry Fee Funds Deemed Prepayment. Any funds in your Account that are used to pay the entry fees into the various skill-based contests are prepaid. The prepaid entry fee is a non-refundable payment for the privilege of entertainment and not contingent or refundable for any reason, except as otherwise set forth in these Terms or required by law. YOU AGREE THAT YOU WILL NOT DEPOSIT ANY FUNDS TO YOUR ACCOUNT THAT YOU CANNOT AFFORD TO LOSE OR OTHERWISE CANNOT AFFORD TO SPEND ON DISCRETIONARY ENTERTAINMENT.
E. Minimum Withdrawal and Frequency Limitation. Due to the transaction fees and costs associated with processing withdrawals, the minimum amount of funds you can withdraw from your account is $5.00. Any balance below $5.00 will remain in your account and be available for payment towards entry fees, subject to our inactive account policy in section 4.H. Additionally, you may not withdraw funds from your account more than once every seven (7) days. When confirming a withdrawal, you will be notified of your next available withdrawal date.
F. Prizes. The winners of various competitions are awarded cash prizes and may also be awarded other forms of prizes with real world value. The amount of the cash prize is disclosed to the players and predetermined ahead of the start of each competition. Once a competition concludes, we will conduct an internal review to ensure fairness and technical soundness. Once our verification process concludes, and subject to our right to request additional information and these Terms, we will notify the winners and issue them their prizes via check mailed to the address that they have designated as part of their Account registration process, or another payment method that we deem acceptable, such as PayPal, Venmo, Cash App, ACH transfer, or wire transfer. You shall be responsible with any transaction fees associated with such prize issuance.
G. Taxes. If you are a United States resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your prizes total $600 or more in any given calendar year. Depending on the state in which you reside, we may also send you additional federal or state tax forms. Without limiting the foregoing, we may withhold from your prizes any amount required to be withheld by applicable laws, including amounts due in connection with your failure to complete relevant tax documentation, but at all times you remain solely responsible for paying all federal, state and other taxes in accordance with all applicable laws. You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence.
H. Bonus and Promotional Funds. As part of our promotional efforts, we may from time-to-time issue bonus or promotional funds that may be used for payment of entry fees. These bonus or promotional funds cannot be withdrawn, transferred, or converted into cash or any other asset for any reason. We reserve the right to set the rules for the use of such bonus or promotional funds, including expiration dates. In the event that you have any bonus or promotional funds associated with your Account at the time that you request a withdrawal of funds from your Account, you agree to forfeit all such associated bonus or promotional funds. Any bonus or promotional fund abuse is strictly prohibited and if we witness or suspect any such abuse, we may block or restrict your Account, freeze funds in your Account, and take any other measures that we may deem reasonable and necessary to protect the integrity of our Game, as well as refer you to the appropriate law enforcement authorities, as may be appropriate in each case.
I. Play-Through Requirements. You may be able to win gems or real money by paying entry fees with bonus or promotional funds. Such winnings are subject to additional play-through requirements before they may be withdrawn. We reserve the right to periodically set play-through requirements associated with bonus or promotional funds and will disclose such requirements to you. We may also limit the amounts that may be withdrawn in a given period that are won from bonus or promotional fund entry fees.
J. Inactive Accounts and Closure. Any Account that is inactive (you have not entered into any competitions in the past 6 months) may be assessed a monthly maintenance fee of $2.00 per month and such fees will be deducted from the balance. No maintenance fee will be assessed if there are no funds in the Account; however, we retain sole discretion to determine when and if to terminate any inactive accounts.
K. Additional Information, Withholding, and Forfeiture. We reserve the right, in our sole discretion, to request additional information from you before issuing a prize. Such additional information may be personally identifying information, such as your name, address, and social security number, to enable us to comply with our obligations under applicable tax laws. If you do not or refuse to provide the requested information, any prizes that you may have won will be forfeited. Additionally, we reserve the right to review each competition, verify your information and the information that you have provided, and conduct all due diligence that we may deem necessary before issuing your prize. The time of the review and verification process varies on a case-by-case basis, and shall be conducted in our sole discretion with no obligation or liability to you. If we determine, in our sole discretion, that the fairness or integrity of the competition was compromised, there was a technical issue, malfunction, or other problem that affected the outcome, we reserve the right to cancel the competition, cancel all prizes, and refund the entry fees to all participating players. Notwithstanding this provision, any violation of these Terms by you also permits us to freeze your Account and cause you to forfeit any deposited funds or any prizes, with or without prior notice. Without limitation, if we suspect or determine that you are engaged in any form of cheating, including but not limited to creating multiple accounts or exploiting other players, we reserve the right to withhold or freeze any prizes or other funds associated with your account. Such determination is in our sole discretion and we are not obligated to provide a reason for our determination.
L. Refund Requests. You agree that you will only request refunds in writing and directly from us by contacting us at firstname.lastname@example.org. In making the request, you must provide your name, contact information, and detailed facts and information to support your request. We reserve sole and absolute discretion to determine whether to issue any refund on a case-by-case basis and if we do decide to issue any refund amount, we reserve the right to assess costs and fees incurred by us in processing the refund. ANY MONEY THAT HAS BEEN USED TO PAY AN ENTRY FEE INTO A CONTEST IS CONSIDERED PREPAID AND WILL NOT BE REFUNDED FOR ANY REASON UNLESS REQUIRED BY LAW. Nothing in the preceding sentence will be deemed to limit our discretion to investigate and determine whether a refund is appropriate. For more information on Refund Requests, please see our Refund Policy, which is incorporated herein as if fully restated.
M. Payment Disputes. YOU AGREE NOT TO DISPUTE ANY PAYMENT MADE THROUGH OUR THIRD-PARTY PAYMENT PROCESSOR STRIPE. Initiating a payment dispute through Stripe is a breach of these terms and to the maximum extent allowed by applicable law, we may freeze your Account, cause you to forfeit any deposited funds or prizes, and to take any other remedial action that may be appropriate. Additionally, and without limitation, you agree to indemnify us for all costs and fees incurred as a result of your payment dispute (including reasonable attorney fees). This Section does not affect, limit, or otherwise apply to any rights you may have under the applicable laws of your jurisdiction and shall be interpreted to the maximum extent consistent with such laws.
N. Restrictions on Use. You may not use, copy, reproduce, or redistribute the Services, Software, or Game or related or derivative products or services without our express written permission. You may not engage in, or assist others to engage in, conduct that would damage or impair our property including, without limitation: (i) copying, distributing, transmitting, displaying, performing, framing, linking, hosting, caching, reproducing, publishing, licensing, or creating derivative works from any information, software, products or services obtained from us; (ii) providing unauthorized means through which others may use Services such as through server emulators or IP spoofing programs; (iii) taking actions that impose an unreasonable or disproportionately large load on network infrastructure, or that could damage, disable, overburden or impair our Services or Game; (iv) interfering with any other party’s use and enjoyment of Services and/or Game (including cheating); and/or (iv) attempting to gain unauthorized access to third party accounts, the Service, Software, or the Game.
O. Conditions of Participation; Rules of Conduct. By entering a contest within the Game, players agree to be bound by these specific Rules of Conduct and our decisions and interpretations with respect thereto, which shall be final and binding in all respects. We, in sole discretion, may disqualify any entrant from a contest, refuse to award benefits or prizes and require the return of any prizes, if a player engages in conduct or otherwise utilizes any information that we deem to be improper, unfair or otherwise adverse to the operation of the Game or is in any way detrimental to other players. These Terms prohibit entering a contest if the entrant is:
(i) Our employee or an immediate family member of such employee;
(ii) Accessing or has had access to any pre-release, confidential information or other information that is not available to all other players of a contest and that provides the player an advantage in such a contest, including any information from a non-public source (“Non-Public Information“);
(iii) An employee of our sponsor, consultant, or supplier, or any other third party that has access to Non-Public Information or otherwise receives an unfair advantage in the player’s participation in a contest;
(iv) In breach of any rules or policies of the entrant's employer regarding participation in our contests or playing the Game or accepting prize money;
(v) Any person prohibited from participating pursuant to court order;
(vi) Any player who has knowingly received Non-Public Information that provides an unfair advantage in a contest from any person who is prohibited from entering a contest or playing the Game as provided in these Terms.
P. Other Improper Conduct. In addition, conduct that would be deemed improper also includes, but is not limited to:
(i) Falsifying personal information required to enter a contest, play the Game, or claim a prize;
(ii) Engaging in any type of financial fraud including unauthorized use of credit instruments to enter a contest, play the Game, or claim a prize;
(iii) Colluding with any other individual(s) or engaging in any type of syndicate play;
(iv) Any violation of these Rules of Conduct or any other Terms;
(v) Using a single Account to participate in a contest on behalf of multiple entrants or otherwise collaborating with others to participate in any contest or playing the Game;
(vi) Using automated means (including but not limited to scripts and third-party tools) to interact with our Services, Software, or Game in any way;
(vii) Using automated means (including but not limited to harvesting bots, robots, parser, spiders or screen scrapers) to obtain, collect or access any information from our Services, Software, or Game or other players;
(viii) Any type of bonus abuse or abuse of any other offers or promotions;
(ix) Tampering with the administration of a contest or trying to in any way tamper with the computer programs or any security measure associated with a contest;
(x) Obtaining other players’ information and spamming other players; or
(xi) Abusing or misusing our Services, Software, or Game in any way;
(xii) Harassing any players through any means, including but not limited to any Game chat, posts, or other interactions. We have a zero-tolerance policy towards any conduct that we deem inappropriate in our sole discretion, and reserve to take any action that we deem appropriate in response, with or without prior notice. Our Game is an entertainment platform and we strive to ensure that all users are treated equally and feel comfortable interacting with our Services, playing our Game, and otherwise using any of our products;
(xiii) Creating or attempting to create multiple Accounts;
(xiv) Abusing or exploiting other players who may be of lower skill;
(xv) Manipulating or attempting to manipulate our skill-based ranking system;
(xvi) Using our Game or Services to violate the law in any manner.
Q. Termination/Cancellation of Contest and Refund of Entry Fee. We reserve the right at any time to terminate and cancel any contest for any or no reason at all. Our termination and cancellation right is absolute and may be exercised before the contest begins, during the contest, or after the contest. Players who have paid entry fees for a terminated or cancelled contest will have their entry fees refunded through a credit to their account; however, we reserve the right to refuse refund to any player who violates these Terms.
R. No Limitation on Remedies. Players further acknowledge that the forfeiture and/or return of any prize shall in no way prevent us from pursuing criminal or civil proceedings in connection with such conduct.
S. Waiver and Indemnification on Entry and Prize Receipt. By entering into a contest or accepting any prize, players, including but not limited to the winner(s), agree to indemnify, release and to hold harmless us, our affiliates and agents, as well as the officers, directors, employees, shareholders, attorneys, and any of their representatives (collectively, the "Released Parties"), from any and all liability, claims or actions of any kind whatsoever, including but not limited to injuries, damages, or losses to persons and property which may be sustained in connection with participation in the contest, the receipt, ownership, use or misuse of any prize or while preparing for, participating in and/or traveling to or from any prize related activity, as well as any claims based on publicity rights, defamation, or invasion of privacy. We may, in our sole and absolute discretion, require a player to execute a separate release of claims similar to the one listed above in this section as a condition of being awarded or receiving any prize. We are not responsible for: any incorrect, invalid or inaccurate entry information; human errors; postal delays/postage due mail; technical malfunctions; failures, including public utility or telephone outages; omissions, interruptions, deletions or defects of any telephone system or network, computer online systems, data, computer equipment, servers, providers, or software (including, but not limited to software and operating systems that do not permit an entrant to participate in a contest), including without limitation any injury or damage to any entrant's or any other person's computer or video equipment relating to or resulting from participation in a contest; inability to access the our Game, or any related Services; theft, tampering, destruction, or unauthorized access to, or alteration of, entries and/or images of any kind; data that is processed late or incorrectly or is incomplete or lost due to telephone, postal issues, computer or electronic malfunction or traffic congestion on telephone lines or transmission systems, or the Internet, or any service provider's facilities, or any phone site or website or for any other reason whatsoever; typographical, printing or other errors, or any combination thereof. We are not responsible for incomplete, illegible, misdirected or stolen entries. If for any reason a contest is not capable of running as originally planned, or if a contest, computer application, or website associated therewith (or any portion thereof) becomes corrupted or does not allow the proper entry to a contest in accordance with these Terms or applicable rules, or if infection by a computer (or similar) virus, bug, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes of any kind, in our sole opinion corrupts or affects the administration, security, fairness, integrity, or proper conduct of a contest, we reserve the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, extend, modify or suspend the contest, and select the winner(s) from all eligible entries received. If such cancellation, termination, modification or suspension occurs, notification will be given.
T. Hacking. ANY ATTEMPT BY A PLAYER OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE THE GAME OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
U. Entries and Identity of Players. All entries into a contest become our property and will not be acknowledged, except as may be determined by us. To be eligible to enter any contest or receive any prize, the player may be required to provide us with additional documentation and/or information to verify the identity of the player, and to provide proof that all eligibility requirements are met. In the event of a dispute as to the identity or eligibility of a player, we will, in our sole and absolute discretion, utilize certain information collected by us to assist in verifying the identity and/or eligibility of such player.
V. Publicity. Participation in each contest must be made only as specified in these Terms. Failure to comply with these Terms will result in disqualification and, if applicable, prize forfeiture. Where such contest is permitted by law, all players and winners consent to the use of their name, voice, and likeness/photograph in and in connection with the development, production, distribution and/or exploitation of any contest or the Game. Winners agree that from the date of notification by us of their status as a potential winner and continuing until such time when we inform them that they no longer need to do so that they will make themselves available to us for publicity, advertising, and promotion activities. We reserve the right to move and remove players from the contests they have entered in certain situations determined by us in our sole discretion.
5. Legal and Regulatory Compliance.
A. Gaming Laws. You understand and agree that laws and regulations regarding payment of prizes, participation in competitions, and playing the Game (“Gaming Laws”) vary between the various states in the United States and among the different countries of the world. At this time, the Software does not permit players to access or play the real-money versions of the Game from the following jurisdictions for real-money prizes: Arizona, Arkansas, Connecticut, Delaware, Louisiana, Michigan, Montana, New Jersey, South Carolina, South Dakota, and Tennessee (“Restricted Jurisdictions”). Additionally, players located in Indiana and Maine may not play Solitaire, Spiderette, or any other game that involves a shuffled deck of cards for real-money prizes. You agree that you will not access, attempt to access, or assist any other person to access the real-money versions of the Services or the Game from a Restricted Jurisdiction. We may limit the availability of certain features in our Services or Game within certain jurisdictions, such as for example limiting the mini-games that may be available. We do not make any representation or guarantee that your ability to access the Services or the Game from outside the Restricted Jurisdictions complies with all applicable laws. It is your sole responsibility to determine your own compliance with all applicable laws.
B. Additional Laws. It is your sole responsibility to determine whether there are any laws that prohibit or restrict your ability to access the Services, play the Game, and/or receive any prizes (“Other Laws”). Even if you are not in a Restricted Jurisdiction, it is your responsibility to verify all applicable federal, state, and local laws and regulations to ensure that your activities related to the Services and the Game comply with all those laws and regulations. Regardless whether the Software permits your access, you may not access the Services or participate in the Game if doing so (or if receiving any prizes) will be a violation of any law or regulation.
C. Your Representations and Warranties to Us. In consideration of accessing and/or using the Services (including the Game), you represent and warrant that: (i) You have the right, capacity, and authority to agree to and to be bound by these Terms, to register for an Account, and to play the Game and participate in related competitions; (ii) You will comply with these Terms; (iii) All of the information that you provide to us at the time of Account registration and as we may request from time to time is accurate and complete to the best of your knowledge, and you will promptly notify us in writing of any inaccuracies or incompleteness; and (iv) you are located in a jurisdiction (whether state, territory, or country) where it is not unlawful for you to access the Game or the Services, and you may otherwise use the Services and play the Game without violating any applicable federal, state, local, or other law or administrative regulation.
D. Illegal Use. You agree that you will not engage in, attempt to engage in, or assist others engaging in any illegal or unlawful conduct related to or utilizing the Services, Software, or the Game, including but not limited to fraud, cheating, hacking, tampering, or any other conduct in violation of applicable civil or criminal laws.
You agree that you will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (A) your breach of these Terms; (B) any or misuse of your Account, the Software, the Services, and the Game by any person including yourself; (C) your violation of any applicable laws; and/or (D) your negligence or misconduct that results in actual or potential liability to us.
7. Licensing and Ownership.
A. User License. Subject to these Terms, we grant you a personal, nonexclusive, limited, non-transferable, non-assignable, non-sublicensable, limited license to install and run the Software and play the Game on a device owned or controlled by you, solely for the purpose of accessing and using the Services and playing the Game in accordance with these Terms, and solely for so long as your Account is open. You acknowledge that you are receiving licensed rights only. You may not directly or indirectly, or authorize any person or entity to: (i) reverse engineer, decompile, disassemble, re-engineer or otherwise create or attempt to create or permit, allow or assist others to create the source code of the Software, the Game, or its structural framework; (ii) create derivative works of the Software or the Game; (iii) use the Software or the Game in whole or in part for any purpose except as expressly provided in these Terms; or (iv) disable or circumvent any access control or related device, process or procedure established with respect to the Software or the Game. You acknowledge that you have access to sufficient information such that you do not need to reverse engineer the Software or Game in any way to permit other products or information to interoperate with the Software. You are responsible for all use of the Software or the Game that is under your possession or control.
B. Ownership. All Services, Software, Game, and related materials, all logos, symbols, expansion names and symbols, play symbols, trade dress or “look and feel”, all digital assets and those portions of the Software and Services which are our property as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of our Services, Software, or playing the Game does not convey or imply the right to do so in combination with any other information or products.
8. Disclaimers and Liability Limitations.
A. Disclaimer of Liability; No Warranty. IN NO EVENT SHALL WE, OUR AFFILIATES AND SERVICE PROVIDERS, OR ANY RESPECTIVE OFFICERS, DIRECTORS, AGENTS, JOINT VENTURERS, EMPLOYEES, ATTORNEYS, OR REPRESENTATIVES, BE LIABLE:
(i) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES, GAME, OR SOFTWARE OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT OUR GAME FAILED TO PROCESS A TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF YOUR ENTRY FEE, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(ii) FOR ANY LOST PROFITS, DIMINUTION IN VALUE OR BUSINESS OPPORTUNITY, ANY LOSS, DAMAGE, CORRUPTION OR BREACH OF DATA OR ANY OTHER INTANGIBLE PROPERTY OR ANY SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH AUTHORIZED OR UNAUTHORIZED USE OF OUR SERVICES, GAME, OR SOFTWARE OR THESE TERMS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OURS HAS BEEN ADVISED OF OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE, EXCEPT TO THE EXTENT OF A FINAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF OUR GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. THIS MEANS, BY WAY OF EXAMPLE ONLY (AND WITHOUT LIMITING THE SCOPE OF THE PRECEDING SENTENCE), THAT IF YOU CLAIM THAT OUR GAME FAILED TO PROCESS A TRANSACTION PROPERLY, YOUR DAMAGES ARE LIMITED TO NO MORE THAN THE VALUE OF YOUR ENTRY FEE, AND THAT YOU MAY NOT RECOVER FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE OR OTHER TYPES OF SPECIAL, INCIDENTAL, INDIRECT, INTANGIBLE, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
(iii) OUR SERVICES, GAME, AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OUR SERVICES, GAME, SOFTWARE, OF ANY PART THEREOF, OR ANY OF THE MATERIALS CONTAINED THEREIN, WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, OR ERROR-FREE.
(iv) We are not liable for any malfunction within our Game, Software, or Services that may impact your gameplay or performance in our Game. The Game is solely for entertainment purposes. If you believe that there was a malfunction, glitch, or other issue that affected your Game experience, please contact our customer service.
B. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS OR ANY PRODUCTS OR SERVICES, INCLUDING THE GAME, GOVERNED BY THESE TERMS.
C. Release of Winkel Limited. If you have a dispute with one or more users or players in the Game (or users of the Services or Software), you release us, our affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes. In addition to your indemnification obligations in Section 6, you agree to indemnify and hold us, our affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees, attorneys, and representatives, harmless from any claim or demand (including attorneys' fees and any fines, fees or penalties imposed by any regulatory authority) arising out of or related to your breach of these Terms or your violation of any law, rule or regulation, or the rights of any third party.
9. Dispute Resolution.
A. General. This Section 9 applies to any Dispute except for Disputes relating to the enforcement or validity of intellectual property rights, which may be addressed through litigation or any other appropriate method without regard to this Section. The term “Dispute” means any dispute, action or other controversy between you and us concerning these Terms, the Services, the Game, or any other product, service or information we make available to you, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. In the event of a Dispute, you or we must give the other a Notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, any supporting evidence (such as communications or screenshots), and the relief requested. You must send any Notice of Dispute by email to email@example.com We will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address, and you agree to receive any Notices of Dispute either by mail or email. The parties will strive to negotiate and attempt to resolve the dispute for a period of at least sixty (60) days (“Formal Complaint Process”). After the sixty (60) day period, either party may initiate arbitration as provided in this Section. You agree to use the Formal Complaint Process before initiating arbitration or any small claims case.
Any dispute, controversy, difference or claim arising out of or relating to these Terms, including the existence, validity, interpretation, performance, breach or termination of any contract or other relationship or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the London Court of International Arbitration under the Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this Arbitration Agreement shall be United Kingdom law.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU ACKNOWLEDGE THAT, BY AGREEING TO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms is intended to limit the right to public injunctive relief or actually limits such right.
The arbitration will be conducted by a single, neutral arbitrator and shall take place telephonically, via video conferencing technology, or in London, United Kingdom, in the English language. Either you or we may request remote proceedings. The arbitrator may award any relief that a court of competent jurisdiction could award and the arbitral decision may be enforced in any court. An arbitrator’s decision and judgment thereon will not have a precedential or collateral estoppel effect. At your request or at the order of the arbitrator, hearings may be conducted in person or by telephone or via video conferencing technology, and the arbitrator may provide for submitting and determining motions on briefs, without oral hearings. To the extent permitted by law, the prevailing party in any action or proceeding to enforce this Agreement, any arbitration pursuant to this Agreement, or any small claims action shall be entitled to costs and attorneys' fees.
The arbitrator shall apply the laws of the United Kingdom, without reference to its conflict of laws principles.
You have the right to opt out of and not to be bound by the arbitration and class action waiver provisions set forth in these Terms. To exercise this right, you must send written notice of your decision by email to firstname.lastname@example.org Your notice must include your name, mailing address, and user name associated with your Account, and state that you do not wish to resolve disputes with us through arbitration. To be effective, this notice must be postmarked or deposited or received by us (if sent by email) within 30 days of the date on which you first accepted these Terms unless a longer period is required by applicable law; otherwise you will be bound to arbitrate disputes in accordance with this section. You are responsible for ensuring that we receive your opt-out notice, so you may wish to send it by a means that provides for a delivery receipt. If you opt out of these arbitration provisions, we will not be bound by them with respect to any Disputes with you.
10. Miscellaneous Provisions.
A. Entire Agreement. These Terms are the entire agreement between you and us. There are no other agreements, any prior agreements, arrangements, or understandings have been merged into these Terms.
B. Severability. To the extent that any part of the Terms is found to be unenforceable or invalid by a court, the unenforceable or invalid portion shall be severed from the rest of the Terms, and the remaining Terms shall be given their full effect to the maximum extent permitted by law.
C. Notices to You by Email. You agree that we may provide any and all notices to you via email at the email address you provide at the time of Account registration, and that all such notices shall be deemed given at the time that they are sent.
D. Assignment. We may assign these terms at our discretion, in whole or in part, at any time without any notice to you. You may not assign these Terms or any license given to you by us in relation to the Terms.