If you have any questions about, or if you wish to send us any notices in relation to, this Term of Use, please contact us at firstname.lastname@example.org.
Legal Agreement. IMPORTANT - READ CAREFULLY: This Terms of Service ("Terms") is a legal agreement between you (“you” or “your”) and Miniwan Technology Co., Limited. ("Miniwan", "we", or "us") , and governs the use by "you" of Miniwan’s games and any related services, such as websites, forums and mobile applications (collectively, the "Licensed Items"). If you do not agree to the Terms, please do not use the Licensed Items. In order to agree to these Terms, you need to (1) be 18 or older, or have your parent or guardian’s consent to agree to the Terms, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws. If you are a parent or guardian, you accept responsibility for the user of Your Account and the Licensed Items, including any payments, fees and charges relating to the Licensed Items.
This Terms applies specifically to:
the registration and use of Your Account;
your downloading, installing and/or using any mobile and web applications we make available to you, including any connected software, networks or services and any Updates we may make available to you (as defined in the “Updates and changes to the Licensed Items” section below) (together, the “Software”); and
your access to services that are made available by us in relation to certain Software (the “Services”);
any Virtual Goods and Virtual Currency; and any other text, images, graphics, photos, sounds, music, videos, audiovisual combinations, interactive content and any other media, content or information that may be made available to you through the Services (together, the “Content”)(the Software, Services, Virtual Goods, Virtual Currency and Content together being the “Licensed Items”).
You must only use the Licensed Items:
if applicable laws and regulations permit you to use the Licensed Items where you are when you use them.
Changes to Terms. We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Service; however, material changes to these Terms will be effective upon the earlier of (i) your first use of the Service with actual notice of such change, or (ii) 30 days from the posting of such change.
3. LICENCE TO USE THE LICENSED ITEMS
use the Services, subject to the “Services Licence” section below;
access and use the Content through the means provided in the Software or the relevant service for your use; and
to use the Virtual Goods and Virtual Currency in accordance with the Instructions and this Terms, in particular the terms set out in the "Virtual Goods and Virtual Currency" section below
Third-Party Services. We may provide tools through the Service that enable you to export information to third-party services, including through features that allow you to link your account with an account on a third-party service, such as Twitter or Facebook, or through our implementation of third-party buttons (such as "like" or "share" buttons). Third-party services are not under our control, and we are not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under our control, and we are not responsible for their content. If you click on a linked website, we are not responsible for such website’s use of your data. You agree that your use of the Service may incur third-party fees, such as fees charged by your carrier for data usage, and may be subject to third-party terms, such as your carrier’s terms of service, and you agree to pay all such fees and abide by all such terms. By using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website or third-party services.
4. YOUR ACCOUNT
You may need to create an account with us in order to access and use the Licensed Items.Your Account is personal to you and you are prohibited from gifting, lending, transferring or otherwise permitting any other person to access or use Your Account. Your Account name, user ID and other identifiers you adopt within our services remains our property and we can disable, reclaim and reuse these once Your Account is terminated or deactivated for whatever reason by either you or us.
You are responsible for: (i) safeguarding the details of Your Account, including any passwords used to access Your Account and our services, and (ii) all use of our services under Your Account. You must promptly notify us if you know or suspect that Your Account or its password have been compromised. We will regard all use of Your Account as being by you, except where we have received and acknowledged your notification to us regarding Your Account and/or its password being compromised.
Suspension/Termination. If you violate any provision of these Terms, your permission to use the Licensed Items will terminate automatically. In addition, we may, in our sole discretion, (a) suspend or terminate Your Account and/or your access to the Licensed Items, or (b) remove any of your Licensed Items, at any time, without notice for any reason. We will have no liability whatsoever as a result of any suspension or termination of your access to or use of the Service. If you are under 18, your parent/guardian may request the termination of your Account by contacting customer service at email@example.com.
5.Virtual Goods and Virtual Currency Licence
Virtual Goods may be licensed to you upon payment by you of:
“real world money”, or by using separate activation codes as applicable from time to time; and/or
virtual currency purchased, earned or obtained through your use of the Software or from any platform we enable for this purpose from time to time ("Virtual Currency").
You acknowledge that you do not own the Virtual Goods and/or the Virtual Currency. All sales of Virtual Goods and Virtual Currency by us to you are final.
Virtual Currency does not: (a) have an equivalent value in real currency; (b) act as a substitute for real currency; or (c) earn interest. Virtual Currency are not redeemable or exchangeable for real currency, monetary value, or convertible virtual currency from us or any other third party, except as required by applicable law.
All payments for Virtual Currency are final and not refundable or exchangeable, except as required by applicable law. You may not transfer, assign, sell, gift, exchange, trade, convert, lease, sublicense, rent, or distribute Virtual Currency except through the Service and as expressly permitted by us. Any disposition or attempted disposition of Virtual Currency in violation of these Terms will be void and will result in immediate termination of your Account and your license to use Virtual Currency. We do not recognize or condone any third-party services that may be used to sell, exchange, transfer, or otherwise dispose of Virtual Currency. We do not assume any responsibility for, and will not support, such transactions.
User modified Contents. With the elements, tools, functions and other contents in or of our Software, our Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content, which may be accessible and viewable by the public (“User modified Contents”). You may not submit or upload User modified Contents that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
Ownership of the Intellectual Property. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, all other elements of the Service and the User modified Contents ("Intellectual Property" or "IP") are protected by law. All IP contained in the Service is our property or third-party licensors’ property. Except as expressly authorized by us in these Terms, you may not make use of any IP contained in the Service. We reserve all rights to the IP not granted expressly in these Terms.
Subject to your ongoing compliance with these Terms, we grant you a nonexclusive, sublicensable, revocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User modified Contents, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to us, with or without attribution, and without the requirement of permission from or payment to us.
User modified Contents Representations and Warranties:
You are solely responsible for your User modified Contents and you represent and warrant that:
You have the necessary licenses, rights, consents, and permissions, to communicate, submit, upload or make the User modified Contents Representations; and
The User modified Contents, and the use of your User modified Contents as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (iii) require Miniwan to obtain any further licenses from or pay royalties or compensation or other amounts or provide any attribution to any third parties; (iv) result in a breach of contract between you and a third party; or (v) cause us to violate any law or regulation.
You must not Provide any User modified Contents if you are not fully authorized to use all of the elements of the User modified Contents you intend to Provide. In addition, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not Provide such sound recordings unless you have all necessary rights, authorizations and permissions with respect to such embedded musical works that grant you sufficient rights to communicate, submit, upload or otherwise make the User modified Contents. You agree to pay all monies owing to any person as a result of Providing your User modified Contents.
You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys'fees), made against us by any third party arising out of or in connection with our use and exploitation of the User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User modified Content or communications sent through Service, at any time and for any reason, including to ensure that the User Modified Content or communication conforms to the Terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
7.INSTALLATION AND USE
You must ensure that your device meets the requirements for installing and using the Licensed Items set out in the Instructions, including any requirements as to operating system and compatibility.
During installation, the Licensed Items may uninstall or disable other software running on your device. Depending on the Licensed Item, you may be required to activate the Licensed Item or certain functionality in it in the manner described in the applicable Instructions. If you do not comply with the installation instructions, you may not be able to use the Licensed Item or certain functionality may not be available to you.Your use of the Licensed Item may require an internet connection in order to authenticate the Licensed Item or perform other functions. In order for the functionality and/or performance expected of the Licensed Item to be achieved, you may be required to obtain and maintain an adequate internet connection.
You understand that if you change devices or data is erased or wiped from your device, Your Content, game progress data, your Virtual Currency and your Virtual Goods may only be accessible through the retrieval methods we make available to Your Account from time to time.
8.UPDATES AND CHANGES TO SOFTWARE AND SERVICES
We may, in our discretion, distribute corrections, updates, upgrades and new versions of the Software and/or the Services (each, an “Update”). You agree to receive and permit us to deliver Updates to your device, and you acknowledge that, if you do not accept and install the Update, the Software and/or the Services may no longer operate with the full functionality or performance described in the Instructions or operate at all.
We reserve the right, in our discretion, to change or limit the functionality and performance of the Software and/or the Services, including withdrawing support or access to the Software and/or the Services, and to prevent the use of any Software and/or Services in relation to which all available Updates have not been installed.
Such updates may occur automatically or manually. Please note that the Software and/or the Services may not operate properly or at all if upgrades or new versions are not installed by you. We do not guarantee that we will make any updates available for any of our Software or Services, or that such updates will continue to support your device or system.
We may in our discretion provide technical support for the Licensed Items (whether for free or for a fee). We provide technical support without any guaranty or warranty of any kind and subject always to the "Warranty and Disclaimer" and "Liability for our services" sections above.
10.PAYMENTS, FEES AND CHARGES
You agree that any payments you make to us in exchange for your use of any Licensed Items (for example, for the grant of a licence to use any Virtual Currency, Virtual Goods or Content) is final and non-refundable, except where otherwise specified by us for a particular Licensed Item or as specified under the “Term, suspension and termination” section below. SUBJECT TO MANDATORY APPLICABLE LAWS AND REGULATIONS OR AS OTHERWISE SPECIFIED BY US FOR A PARTICULAR LICENSED ITEM, IN NO CIRCUMSTANCES WILL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO ANY LICENSED ITEM (WHETHER USED OR UNUSED).
Please be aware that you may incur telecommunications charges and other fees and expenses in your use of the Licensed Items. You are responsible for paying all such charges, fees and expenses.
11.THIRD PARTY SOFTWARE, CONTENT AND SERVICES
We are not responsible for and we do not endorse, support or guarantee the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by our Software or Services, including any Your Content or other content provided by other users of our Software or Services or by our advertisers. You acknowledge and agree that by using our Software or Services you may be exposed to content which is inaccurate, misleading, defamatory, offensive or unlawful. Any reliance on or use of any content on or accessible from our Software or Services by you is at your own risk. Your use of our Software or Services does not give you any rights in or to any content you may access or obtain in connection with your use of our Software or Services.
We also do not guarantee the quality, reliability or suitability of any third party services provided, made available, advertised or linked through our Software or Services, and we will bear no responsibility for your use of or relationship with any such third party services. If you access third party services through our Software or Services, you must comply with any terms and conditions applicable to those services.
We may review (but make no commitment to review) content or third party services made available through our Software or Services to determine whether or not they comply with our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of our Software or Services.
There may be, from time to time, third party content and services made available to you through our Software or Services that are subject to further terms, including terms from the relevant third party that originally produced such content and services. In such cases, you agree to comply with any such further terms and conditions as notified to you in relation to such third party content and services.
In addition, please note that we are not responsible for and we do not endorse, support or guarantee the quality, reliability or suitability of any content, software, plug-ins, tools or data supplied by third parties for use in connection with the Licensed Items. Any reliance on or use of such content, software, tools, plug-ins or data is at your own risk. You must comply with any additional terms and conditions applicable to any third party content, software, tools, plug-ins and data.
12.MONITORING AND PROHIBITED ACTIVITIES
We have no obligation to monitor the User modified Content and we are not responsible for monitoring the Service for inappropriate or illegal Content or conduct by other players. However, we do reserve the right, in our sole discretion, to monitor and/or record your interactions with the Services and other players (including chat text and voice communications) when you are using the Services.
You agree not to engage in any of the following prohibited activities on or in relation to our services, or allow any person to use Your Account with us to do the same:
impersonate any person or misrepresent your affiliation with any person or entity in registering an account (including by creating a misrepresentative account name or accessing another user’s account) or in making any communications or sharing or publishing any content or information using our services;
name squat via Your Account name in a way that infringes any third party’s intellectual property rights or other rights;
send any unsolicited, unauthorised spam (such as spam comments in our social media services), advertising or promotional messages, or any other commercial communications;
omaking postings about a product or service offered by you or by any company in which you hold a direct or indirect interest;
omaking postings about a product or service that directly competes with a product or service offered by you or by any company in which you hold a direct or indirect interest;
omaking postings (whether written by you or anyone else) in exchange for money or other benefits or compensation from any third party;
oposting information about product or shipping availability from third party suppliers, whether such third parties are in competition with us or not; or
omaking any other postings not in good faith;
submit, upload, transmit or display, through our services, any content (whether displayed publicly or not, and whether displayed directly or indirect to any other users) which in fact or in our reasonable opinion:
ocreates a risk of loss or damage to any person or property;
ois fraudulent, false, misleading or deceptive;
oharms or exploits any person (whether adult or minor) in any way, including via bullying, harassment or threats of violence;
ois hateful, harassing, abusive, racially or ethnically offensive, defamatory, humiliating to other people (publicly or otherwise), threatening, profane or otherwise objectionable;
opromotes or encourages self-harming;
oinfringes our rights or any third party’s rights, including any intellectual property rights, contractual rights, confidentiality rights or privacy rights;
ois pornographic, sexually explicit, violent or otherwise of an indecent or offensive nature; or
oencourages or is likely to encourage any of the above;
violate any applicable laws or regulations, including credit card fraud or bank account fraud;
engage in any illegal or potentially illegal (as determined by us) activities or transactions, including sale of any illicit drugs or money laundering;
gamble, provide gambling information or entice others to engage in gambling through any method;
use or exploit any of our intellectual property rights (including our trademarks, brand name, logo, any other of our proprietary information or the layout or design of any page), or otherwise infringe on any of our intellectual property rights (including attempting to reverse engineer any applications or software used to access our services);
access any of our services, collect or process any content made available through our services, send or redirect any communications through our services, in each case, through the use any automated bots, software, engines, crawlers, scrapers, data mining tools or the like, or attempt to do any of the foregoing, including using any automated means to artificially promote any content;
engage in any “framing”, “mirroring,” or other techniques directed at simulating the appearance or function of our services;
interfere with, or attempt to interfere with, any user’s or any other party’s access to our services;
intentionally distribute viruses, worms, Trojan horses, corrupted files or other malicious code or items;
share or publish any other person’s personally identifiable information using our services without their express consent;
probe or test the vulnerability of, or otherwise circumvent (or attempt to circumvent) any security features on, our services, our systems or the systems of other users;
create multiple accounts for disruptive or abusive purposes; or
13.RESTRICTIONS ON YOUR USE OF THE LICENSED ITEMS
You may not, nor may you permit any other person to:
use the Licensed Items to gain unauthorised access to any system, account or data;
sub-license, rent, lease or sell the Licensed Items;
directly or indirectly charge others for use or access to the Licensed Items;
directly or indirectly suggest our support or endorsement of any product, service or content (including any personal web site);
transmit unauthorised communications through use of the Licensed Items, including junk mail or spam;
make the Licensed Items publicly available or available on any network for copying, download or use by any person or persons;
remove, obscure or modify any copyright, trade mark or other proprietary rights notice, marks or indications found in or on the Licensed Items;
misrepresent the source or ownership of the Licensed Items;
attempt to disrupt or interfere with the Licensed Items including manipulating the legitimate operation of the Licensed Items;
use cheats, exploits, automation software or any unauthorised third party software designed to modify or interfere with the Licensed Items;
disrupt or overburden any computer or server used to offer or support the Licensed Items, or other users’ use of the Licensed Items; or
develop any plug-ins, external components, compatibles or interconnection elements or other technology that inter-operate with the Licensed Items, except where we expressly permit you to do so via our Software (and where this is the case, your use of such Software may be subject to additional terms and conditions as notified by us to you).
You agree that you will be responsible for your use of the Service, and you agree to defend and indemnify us and our officers, directors, employees, consultants, affiliates, investors, business partners, subsidiaries and agents (together, the "Affiliated Parties") from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property or proprietary right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.
15.WARRANTY AND DISCLAIMER
We warrant to you that we will provide our services using reasonable care and skill.
APART FROM THE WARRANTY IN THE PRECEDING SENTENCE, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, ALL OF OUR SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND NEITHER US NOR ANY OF OUR AFFILIATE COMPANIES MAKE ANY REPRESENTATION OR WARRANTY OR GIVES ANY UNDERTAKING IN RELATION TO OUR SERVICES, OUR SOFTWARE OR ANY CONTENT SUBMITTED, TRANSMITTED OR DISPLAYED BY OUR SERVICES, INCLUDING: (I) ANY REPRESENTATION, WARRANTY OR UNDERTAKING THAT OUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE OR FREE FROM VIRUSES; (II) THAT OUR SERVICES OR SOFTWARE WILL BE COMPATIBLE WITH YOUR DEVICE; OR (III) THAT OUR SERVICES OR SOFTWARE WILL BE OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU WAIVE ANY AND ALL IMPLIED REPRESENTATIONS, WARRANTIES AND UNDERTAKINGS.
LIABILITY FOR OUR SERVICES
any liability for death or personal injury;
any liability for gross negligence or wilful misconduct; or
any other liability to the extent that such liability cannot be waived, limited or excluded under applicable laws and regulations.
You acknowledge and agree that the Licensed Items may from time to time be subject to the import and export laws of the United States of America, specifically the U.S. Export Administration Regulations (“EAR”), and the laws of any country where Licensed Items are imported or re-exported. You agree to comply with all relevant laws relating to the import, export and re-export of the Licensed Items and, in particular, will not export any Licensed Items in contravention of EAR nor will you export any Licensed Items to any prohibited country, entity, or person for which an export licence or other governmental approval is required unless and until the licence or other governmental approval has been obtained.
17.TERM, SUSPENSION AND TERMINATION
Please note that Licensed Items may be automatically deleted from your device, or otherwise made unavailable to you, once the time period for which the Licensed Item is available to you has expired.
18.YOUR STATUTORY RIGHTS
20.GOVERNING LAW AND DISPUTE RESOLUTION