Terms of
Service
These Terms of Service (“Terms”)
govern your use of the services provided by WOW LABS Ltd. (“we”, “us”,
“our”, or “Company”), including without limitation to our
website, mobile or web applications, or other digital products that link to or
reference these Terms (collectively, the “Services”). These Terms are a
binding legal agreement between you or the entity you represent (“you”)
and Company. In these Terms, “you” and “your” refer to you, a
user of the Services. A “user” is you or anyone who accesses, browses,
or in any way uses the Services.
Please be aware that these Terms
include, among other things, a binding arbitration provision that requires you
to submit to binding and final arbitration on an individual basis to resolve
disputes, rather than jury trials or class actions. Please see Section 14,
below.
These Terms
refer to our privacy policy (“Privacy Policy”), hereby incorporated by
reference, which also applies to your use of the Services and which sets out
the terms on which we process any personal data we collect from you, or that
you provide to us.
Please read these Terms carefully. Though your access and use of the
Services is governed by the Terms effective at the time, please note that we
may revise and update these Terms from time to time at our discretion. If we
make material changes to these Terms, we will notify you by email or by posting
a notice on our website prior to the effective date of the changes. These Terms
are to ensure that you will use the Services only in the ways in which we
intend for it to be used.
By accessing or using the Services:
1. Accessing the Services.
We grant you permission to access and
use the Services subject to the restrictions set out in these Terms, which are
hereby incorporated by reference. It is a condition of your use of the Services
that the information you provide is correct, current, and complete. Your use of
the Services is at your own risk, including the risk that you may be exposed to
content that is offensive, indecent, inaccurate, objectionable, or otherwise
inappropriate. You are responsible for making all arrangements necessary for you
to have access to the Services. We may close your account, suspend your ability
to use certain portions of the Services, and/or ban you altogether from the
Services for any or no reason, and without notice or liability of any kind.
2. Account Registration and Account
Security.
Some or all of the Services and certain
features or functionalities, may require you to register an account with us.
When you do, we may ask you to provide certain registration details or other
information about yourself. All such information is subject to our Privacy
Policy.
Once you have an account, you are
responsible for all activities that occur in connection with your account. You
will treat as confidential your account access credentials and will not
disclose it to any third-party. You agree to immediately notify us if you have
any reason to believe that your account credentials have been compromised or if
there is any unauthorized use of your account or password, or any other breach
of security. We ask that you use particular caution when accessing your profile
from a public or shared computer, or when using your account in a public space,
such as a park or cafe or public library, so that others are not able to view
or record your access credentials or other personal information.
You may not impersonate someone else to
create an account, create or use an account for anyone other than yourself,
permit anyone else to use your account, or provide personal information for
purposes of account registration other than your own. You are prohibited from
playing with multiple accounts for the same Service. In order to ensure we can
protect and properly administer the Services and our community of users, we
have the right to disable or close any user account at any time and for any reason
or for no reason.
3. Prohibited Uses.
You may use the Services only for lawful
purposes and in accordance with these Terms. We are under no obligation to
enforce the Terms on your behalf against another user. We encourage you to let
us know if you believe another user has violated the Terms or otherwise engaged
in prohibited or illegal conduct.
You agree not to, and will not assist,
encourage, or enable others to use the Services:
The restrictions above only apply to the extent
permissible under applicable law. Nevertheless, you agree not to act contrary
to them (even if permissible under applicable law) without providing thirty
(30) days’ prior written notice to us contact@worldofwin.io, together with any
information that we may reasonably require to give us an opportunity to provide
alternative remedies or otherwise accommodate you at our sole discretion. If
you engage in any of the prohibited activities set forth above, we may, at our
sole and absolute discretion, without notice to you, and without limiting any
of our other rights or remedies at law or in equity, immediately suspend or
terminate your user account and/or delete, revoke, or modify, in our
discretion, your access to the Services.
4. IP Ownership. We own the Services and all of our
trademarks, logos, branding, and any other Content that we create in connection
with the Services (“Company Content”), including proprietary rights of
every kind and nature however denominated throughout the world, registered or
unregistered, associated with such Company Content and the Services
(collectively, “Company IP”). Except as expressly and
unambiguously provided herein, we do not grant you any express or implied
rights, and all rights in and to the Company IP are retained by us.
We are not responsible or liable to any
third-party for the content or accuracy of any materials posted by you or any
other user of the Services. You understand that when using the Services, you will be
exposed to text, images, photos, audio, video, location data, and all other
forms of data or communication (“Content”) from a variety of sources,
and that Company is not responsible for the accuracy, usefulness, safety, or
intellectual property rights of or relating to such Content. We do not endorse
any Content made available through the Services by any user or other licensor,
or any opinion, recommendation, or advice expressed therein, and we expressly
disclaim any and all liability in connection with such Content.
5. Responsibility for Your Content.
You understand and acknowledge that you
alone are responsible for the Content that you submit or transmit to, through,
or in connection with the Services that you publicly display or displayed in
your account profile (collectively, “Your Content”), and you, not
Company, assume all risks associated with Your Content, including anyone’s
reliance on its quality, accuracy, reliability, appropriateness, or any
disclosure by you of information in Your Content that makes you or anyone else
personally identifiable. You represent that you own or have the necessary
rights, consents, and permissions to use and authorize the use of Your Content
as described herein. You may not imply that Your Content is in any way
sponsored or endorsed by Company. You represent and warrant that Your Content
does not violate these Terms.
You understand that when using the
Services, you will be exposed to text, images, photos, audio, video, location
data, and all other forms of data or communication (“Content”) from a
variety of sources, and that Company is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such
Content. We do not endorse any Content made available through the Services by
any user or other licensor, or any opinion, recommendation, or advice expressed
therein, and we expressly disclaim any and all liability in connection with
such Content.
A. Copyright Infringement and Digital
Millennium Copyright Act.
We respect the intellectual property
rights of others, and we ask our users to do the same. In accordance with the
Digital Millennium Copyright Act (DMCA) and other applicable law, in
appropriate circumstances and in our sole discretion, we may terminate the
rights of any user to use the Services (or any part thereof) who infringes the
intellectual property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, or if you are aware of
someone infringing on your rights, please provide the following information to
the “Copyright Agent”:
All notices of copyright infringement claims should go to
our Copyright Agent at contact@worldofwin.io.
B. Our Right to Use Your Content.
You hereby irrevocably grant us
world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable,
transferable rights to use Your Content for any purpose. Pursuant to this
grant, you agree that we may use Your Content in a number of different ways,
including by publicly displaying it, reformatting it, incorporating it into
advertisements and other works, creating derivative works from it, promoting
it, and distributing it. Please note that you also irrevocably grant the users
of the Services the right to access Your Content in connection with their use
of the Services. Finally, you irrevocably waive, and cause to be waived,
against Company and its users any claims and assertions of moral right or
attribution with respect to Your Content. By “use” we mean use, make,
have made, sell, offer for sale, import, practice, copy, publicly perform and
display, reproduce, perform, distribute, modify, translate, remove, analyze,
commercialize, and prepare derivative works of Your Content. We are not and
shall not be under any obligation, except as otherwise expressly set forth in
these Terms or our other policies, (1) to maintain Your Content in confidence;
(2) to pay you any compensation for Your Content; (3) to credit or acknowledge
you for Your Content; (4) to respond to Your Content; or (5) to exercise any of
the rights granted herein with respect to Your Content.
6. Purchases.
7. Links to other Sites.
If there are other websites and
resources linked to on the Services, these links are provided only for the
convenience of our users. We have no control over the contents of those
websites or resources, and therefore cannot accept responsibility for them or
for any loss or damage that may arise from your use of them. If you decide to
access any of the third-party websites linked to the Services, you do so
entirely at your own risk and subject to the Terms and conditions of use for
such websites.
8. No Guarantee of Service.
Although we hope to make the Services
available at all times in the future, there may be times when we need to
disable the Site either temporarily or permanently. The Services may be modified,
updated, interrupted, suspended, or discontinued at any time without notice or
liability. Keep this in mind as the Company will not be liable if all or any
part of the Services is unavailable at any time, for any period of time. Also,
from time to time, we may restrict access to some parts of the Services, or the
entire Services, to users, including registered users. We cannot and do not
make any representations or warranties with respect to the devices you use to
access or use the Services, including with respect to device compatibility.
9. Acknowledgement. Your hereby acknowledge and agree to
the following:
10. Disclaimer of Warranties.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND
FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS. YOU FURTHER WAIVE AND HOLD HARMLESS COMPANY FROM ANY
CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS
INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY
EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
IF YOU ARE A RESIDENT OF A JURISDICTION
THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING
APPLIES. FOR EXAMPLE, (1) CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS
AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH
STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR
RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED
PARTY" AND (2) NEW JERSEY RESIDENTS MUST, AS A CONDITION OF THIS
AGREEMENT, WAIVE THE APPLICABILITY OF THE TRUTH IN CONSUMER CONTRACT, WARRANTY,
AND NOTICE ACT (X) SECTIONS 15, WHICH STATES, AMONG OTHER THINGS, THAT “NO
SELLERS…SHALL IN THE COURSE OF HIS BUSINESS OFFER TO ANY CONSUMER OR
PROSPECTIVE CONSUMER OR ENTER INTO ANY WRITTEN CONSUMER CONTRACT OR GIVE OR
DISPLAY ANY WRITTEN CONSUMER WARRANTY, NOTICE OR SIGN…WHICH INCLUDES ANY
PROVISION THAT VIOLATES ANY CLEARLY ESTABLISHED LEGAL RIGHT OF A CONSUMER OR
RESPONSIBILITY OF A SELLER…” AND (X) SECTION 16, WHICH STATES, AMONG OTHER
THINGS, THAT “…NO CONSUMER CONTRACT, NOTICE OR SIGN SHALL STATE THAT ANY OF ITS
PROVISIONS IS OR MAY BE VOID, UNENFORCEABLE OR INAPPLICABLE IN SOME
JURISDICTIONS WITHOUT SPECIFYING WHICH PROVISIONS ARE OR ARE NOT VOID,
UNENFORCEABLE OR INAPPLICABLE WITHIN THE STATE OF NEW JERSEY…”. YOU HEREBY
WAIVE, AS APPLICABLE, THESE SECTIONS OF THE CALIFORNIA CIVIL CODE AND NEW
JERSEY TRUTH IN CONSUMER CONTRACT, WARRANTY, AND NOTICE ACT. YOU HEREBY WAIVE
ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR
EFFECT AS THE AFOREMENTIONED PROVISIONS.
11. Limit of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW,
IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE
SERVICES, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS
OF THE SITE OR SERVICES, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT
INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION
WITH, OR RESULTING FROM THE SERVICES.
12. Indemnification.
You shall indemnify and hold harmless
the Company, its affiliates and licensors and their respective officers,
directors, employees, contractors, agents, licensors and suppliers from and
against any claims, liabilities, damages, judgments, awards, losses, costs,
expenses or fees (including reasonable attorneys’ fees) resulting from your
violation of these Terms or your use of the Services.
13. Governing Law.
This Agreement shall be governed by the
laws of British Virgin Islands, without respect to its conflict of laws
principles.
14. Arbitration and Class Action Waiver.
15. General Terms.
These Terms constitute the sole and
entire agreement between you and Company with respect to the Services and
supersede all prior and contemporaneous understandings, agreements,
representations and warranties, both written and oral, with respect to the
Services. No waiver of these Terms by Company shall be deemed a further or
continuing waiver of such term or condition or any other term or condition, and
any failure of Company to assert a right or provision under these Terms shall
not constitute a waiver of such right or provision. If any provision of these
Terms is held by a court of competent jurisdiction to be invalid, illegal, or
unenforceable for any reason, such provision shall be modified to reflect the
parties’ intention or eliminated to the minimum extent such that the remaining
provisions of the Terms will continue in full force and effect. The Terms, and
any rights or obligations hereunder, are not assignable, transferable, or
sublicensable by you except with Company’s prior written consent, but may be
assigned or transferred by us without restriction. Any attempted assignment by
you shall violate these Terms and be void. The section titles in the Terms are
for convenience only and have no legal or contractual effect.
16. Contact.
All feedback,
comments, requests for technical support, and other communications relating to
the Services should be directed to: contact@worldofwin.io. By sending us
any ideas, suggestions, documents or proposals (“Feedback”), you agree
that (i) your Feedback does not contain confidential or proprietary information
of third-parties, (ii) we are under no obligation of confidentiality, express
or implied, with respect to the Feedback, (iii) we may have something similar
to the Feedback already under consideration or in development that is owned by
us, and (iv) you grant us an irrevocable, non-exclusive, royalty-free,
perpetual, worldwide license to use, modify, prepare derivative works, publish,
distribute and sublicense the Feedback, and you irrevocably waive, and cause to
be waived, against Company and its users any claims and assertions of any moral
rights contained in such Feedback.