Effective Date: 25th of May 2019
WINWAY ENTERTAINMENT LIMITED (HEREINAFTER CALLED Winway). The terms of this agreement (“Terms of Service”) apply between you and Winway , regarding your use of Winway’s games, websites, discussion groups and related services (the “Service”). Use of the Service is also governed by Winway’s Privacy Notice.
Before accessing or using the Service, you must agree to these Terms of Service and the Privacy Policy. You may also be required to register an account on the Service (an “Account”). If you accept these Terms of Service, you represent that you are age 12 or older. If you are between the ages of 12 and 17, you represent that your legal guardian has reviewed and agreed to these Terms of Service.
If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you agree to comply with its terms of service/use as well as these Terms of Service.
By installing, using or otherwise accessing the service, you agree to these terms of service. If you do not agree to these terms of service, you may not use or otherwise access the service.
Winway may update and modify these Terms of Service in response to changing legal, technical or business developments, or other reasons. When changes are made to these Terms of Service, Winway will inform you via the Service or otherwise, consistent with the significance of the made changes.
By continuing to access or use the Service after updates become effective, you agree to be bound by the updated Terms of Service
Subject to your agreement and continuing compliance with these Terms of Service, Winway grants you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Service for your personal and non-commercial use. Winway does not grant you any other rights to the Service. Winway reserves all rights not expressly granted in these Terms of Service.
The Service and their contents are licensed, not sold. You agree that you have no right or title in or to any content that appears in the Service, including without limitation the virtual items or currency appearing or originating in any of the Winway’s games, whether earned in a game or purchased from Winway.
In Winway’s games you may purchase a license to use virtual goods using “real world” money (“Virtual items”). This lisence to Virtual Items is limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Winway may manage, control, modify or eliminate Virtual Items at any time, with or without notice.
The provision of Virtual Items for use in Winway’s games commences immediately upon purchase. All purchases and redemptions of Virtual Items made through the Service are final and non-refundable. Winway will not provide a refund for Virtual Items for any reason, and you will not receive any compensation for unused Virtual Items, unless required by mandatory legislation.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service.
If you request Winway to delete your personal data, as described in Winway’s Privacy Notice, you will permanently and without a right to a refund lose all your Virtual Items. After deleting your personal data, Winway can’t connect those Virtual Items with you anymore.
You agree that you will not, under any circumstances:
Winway’s games and Websites may include advertisements served by third parties and links to third party services, including but not limited to social media connectivity and gameplay recording and sharing. Third party services are subject to respective third party terms and conditions, which govern an agreement between you and the respective third party. You should study those terms and conditions carefully.
Some parts of the Service may enable or require you to create an account or otherwise register with the Service (“Account”). Your Account may require you to create a password or to use other credentials to access the Account (“Login Information”). Giving your Login Information to any other person, or allowing any other person to use your Account is strictly prohibited. You are responsible for all use of the Service under your Account, including purchases.
Winway reserves the right to delete your Account, if there’s no activity by you in relation to your Account for 180 or more days. When your Account is deleted, you will no longer be able to access or use any Virtual Items (purchased or earned through gameplay) associated with that account, and Winway will not offer any refund for those Virtual Items.
Winway’s Games and other Services may give you a chance to create, upload or transmit content or material, including but not limited to game levels and maps, characters, screenshots or videos of your gameplay, communications, images and sounds (together “User Content”). By creating, transmitting or submitting any User Content, you grant Winway a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Content in any way and for any purpose, including but not limited to the rights to reproduce, copy, adapt, modify, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your User Content. Winway will have a right to use all your User Content with or without notice and without any kind of compensation to you.
Winway’s license to use your User Content survives any termination of these Terms of Service.
By creating, submitting or transmitting any User Content, while using the Service, you warrant that such content is
Winway employees or technology may monitor and/or record your interaction with the Service or communications (including without limitation chat text) when you are using the Service. By accepting these Terms of Service you provide Winway your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
Winway reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any content made available by users of the Service without notice for any reason or for no reason at any time. If at any time Winway chooses, in its sole discretion, to monitor the Service, Winway nonetheless assumes no responsibility for content made available by users of the Service and Winway assumes no obligation to modify or remove any inappropriate content.
Without limiting any other remedies available to Winway, Winway reserves the right to limit, suspend, terminate, modify, or delete Accounts or access to the Service, or portions of the Service, or modify and/or remove any of your Virtual Items, if Winway believes that you are in breach of these Terms of Service. As a result of such termination of these Terms of Service you may lose all your Virtual Items (earned or purchased), and Winway has no obligation to compensate you for any such losses or results.
Winway reserves the right to stop offering and/or supporting the Service, a particular Game, or part of the Service at any time, at which point your license to use the Service or a part of the Service will be automatically terminated. Winway has no obligation to refund any Virtual Items or other items in connection with such discontinued Services, unless mandated by applicable law.
To the fullest extent permissible by applicable law, the Service are provided on an “as is” basis for your use, without any kind of warranty, performance assurances or guarantees of any kind. Winway does not provide any express or implied warranties including but not limited to warranties of condition, uninterrupted use, accuracy of data, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties arising from a course of dealing, usage, or trade practice.
Winway does not warrant that the Service meet your requirements; that the Service will meet your requirements; that operation of the Service will be uninterrupted or error-free, or that any errors or defects will be corrected. No communication with, or advice from, Winway employees (oral or written) create a warranty.
Some jurisdictions do not allow the exclusion of certain warranties as stated above, so this Disclaimer of Warranties may not apply to you. In such a case this Disclaimer of Warranties applies to you to the fullest extent of the applicable law.
If any member has any of the following action, Winway Game has right to end service providing or mute,which will not notice.
5.1 Use fake personal information to register.
5.2 Use "Winway Game" or similar name to register.
5.3 Use English letters,long names,and dirty names to register.
5.4 Use other people's name to register.
5.5 Use fake and improper way to top up .
5.6 Disobey service terms.
5.7 Register more accounts/game characters(one can only register one account with his or her real information.) to play the game with the purpose of making profits or destroying game environment.
5.8 Engage in single or series output gameplay in the game, and sell the virtual items obtained for profit.
5.9 Take advantage of the price difference of virtual items in different servers to make profits from buying and selling them in different servers.
5.10 Post words in the game that involve abusive, defamatory, obscene, obscene, offensive or other influences on the normal game behavior of others.
To the fullest extent permitted by law, Winway will not, in any event, be liable for any indirect, consequential, incidental, special, or other damages resulting from access, use or malfunction of the Service, including but not limited to, damages to property, loss of goodwill, device failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to these Terms of Service or Games or the Service, whether based on tort (including negligence), contract, strict liability or otherwise and regardless of whether or not Winway has been advised of the possibility of such damages.
To the extent permitted by law, Winway’s total aggregate liability in connection with these Terms of Service, the Privacy Notice or the Service, will not exceed the higher of: (i) the actual price you paid for the license to use Virtual Items; or (ii) one hundred euros (EUR 100).
Some jurisdictions do not allow certain limitations of liability as stated above, so this Limitations of Liability may not apply to you. In such cases this Limitations of Liability applies to you to the fullest extent of the applicable law.
Nothing in these Terms of Service will prejudice the statutory rights that you may have as a consumer of the Service.
You agree to indemnify, defend and hold Winway (and Winway´s officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the third party claim is not attributable to your intentional or negligent behavior.
In case of any disputes that may arise between Winway and you, we encourage you to first contact us directly by contacting our support through the Service.
If you are a resident of the United States, these Terms of Service, and any disputes related to the Service, to these Terms of Service or to Privacy Notice, will be governed in all respects by California law, without regard to conflict of law provisions.
If you are a resident outside of the United States, you agree that all disputes between you and Winway will be governed by the laws of Finland, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Winway must be resolved exclusively by a court located in Hong Kong.
Some jurisdictions do not permit Winway to enforce the choice of law provision. In such cases nothing in these Terms of Service limits your rights based on the laws of your jurisdiction.
You and Winway both agree that if any part of these Terms of Service or Privacy Notice is found invalid, illegal or unenforceable, that provision will be limited or eliminated only to the minimum extent necessary, without affecting the remaining provisions of these Terms of Service or Privacy Notice, which will continue to be in full force and effect.
Winway may assign these Terms of Service and/or Privacy Notice, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under these Terms of Service or the Privacy Notice without Winway´s prior written consent, and any unauthorized assignment and delegation by you is invalid.
These Terms of Service and the Privacy Notice contain the entire understanding between you and Winway, and supersede all prior understandings and agreements between you and Winway
Winway’s failure to exercise or enforce any provision of these Terms of Service does not waive Winway’s right to enforce any of Winway’s rights. Any waiver of Winway’s rights is effective and binding only if it is documented in writing and hand signed by an authorized representative of Winway.
If you have any questions about these Terms of Service or our Privacy Notice, please contact us.