End User Terms and Conditions
Revised: December 28 2020
WELCOME TO Winner Studio. This End User Terms and Conditions (“Agreement”) is a legal contract between Winner Studio Co., Limited (“Winner Studio” or “platform" or “company” or “we” “us” or “our”) and you (“you” or “user” or “yours”), and govern your use of the community of online skill-based games, tournaments, and competitions (collectively the “Competitions”) that we make available to you through our mobile applications (each an “App” and collectively the “Apps”), all of which, including our www.winnerstudio.vip website, are referred to in this Agreement as the “Services.” The Services are owned and operated by Winner Studio. We hope you’ll enjoy being a member of our large community by participating in our tournaments and competitions.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement may be periodically updated and the latest version will be posted at http://www.winnerstudio.vip/eutc.html. Your continued use of the Services after a revised Agreement has been posted constitutes your acceptance of the terms in the Agreement.
IF YOU DO NOT AGREE TO BE BOUND BY THOSE TERMS, YOU ARE NOT PERMITTED TO OPEN, DOWNLOAD, INSTALL, REGISTER OR USE ANY OF OUR SERVICES.
1. GENERAL TERMS
1.1. Eligibility. If you satisfy the eligibility criteria below, and subject to the terms in this Agreement, you may participate in the Services through our Apps.
To be eligible to register or access your account, to participate in any Competitions as a “Non-Cash Player” (as defined in section 7.3), or to participate in certain Services, you must (i) be at least seventeen (17) years of age; (ii) be legally and financially responsible for all actions using or accessing our Services, including the actions of anyone you allow to access to your account; and (iii) be in compliance with the terms of this Agreement. If you are under eighteen (18) years of age, you must present this Agreement to your parent or legal guardian for their review.
To be eligible to participate in any Services, including Cash Competitions (as defined in section 7.3), you must: (i) be at least eighteen (18) years of age; (ii) be physically located within a U.S. state (if in the U.S.) or country in which participation in the Competition you select is unrestricted by that state’s or country’s laws; (iii) be legally and financially responsible for all actions using or accessing our Services, including the actions of anyone you allow to access to your account; and (iv) be in compliance with the terms of this Agreement.
1.3. User Account. Users have a duty to ensure that the information provided to Winner Studio is truthful, current, complete, and accurate. You hereby agree not to allow any other person to (i) access your account; (ii) access Services through your account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your account nor Winnings nor any digital assets from the Services are transferable to any other person or account. Since it is your account, it is your responsibility to obtain and maintain all equipment and services needed for access to and use of the Services. It is also your responsibility to maintain the confidentiality of your password. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your account in any Competition.
In the case of suspected or fraudulent payment, Winner Studio reserves the right to suspend, delete, or disable any user’s account, reverse any payout made, and recover any winnings. Under no circumstances shall Winner Studio be liable for any unauthorized use of payment information, such as credit cards.
1.4. Geographic Location. You hereby consent to our use of certain geolocation technology provided by third-parties that allow us to identify the state or country in which you are located in at the time you access or participate in any of the Services which requires a fee to participate and/or offers a cash prize. You may withdraw your consent at any time by contacting support with your request either in-app or at firstname.lastname@example.org. However, once you have withdrawn your consent, you will no longer be permitted to participate in any of the Services requiring a fee to participate and/or Services providing a cash prize.
2.1. The Services. A variety of services are available in our Apps for your entertainment. Depending on the Service selected, it may be free to play or require an entry fee and offer a cash prize. You will need to provide payment information in order to participate in those Services that require an entry fee. See Section 7 below for more details.
2.2. License to Use Services. Winner Studio hereby grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services on a single device (e.g. computer, mobile device) under your control. Your license rights are subject to your compliance with this Agreement. The term of your license under this Agreement shall commence on the date that you install or otherwise use the Services and ends on the earlier date of either your disposal of the Services or the termination of this Agreement.
2.3. Restriction of License. Besides the rights granted in section 2.2. above, you have no other rights in the Services and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in way exploit our Apps or any of the Services in any manner. The license granted in section 2.2 above is revocable at any time, and any rights not expressly granted herein are reserved to Winner Studio. If you breach any of the terms in this Agreement, the above license will terminate automatically and you must immediately uninstall and delete all copies of the Apps and Services from your device.
2.4. Actions of Winner Studio. Winner Studio reserves the right to restrict access to, monitor, suspend, disable, or delete any users and/or user information at any time, in its sole discretion, and without prior warning. We may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate the terms of the Agreement at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated the terms of this Agreement or if you have violated the terms of this Agreement, we may determine that your Winnings, if any, will be forfeited, disgorged, or recouped.
2.5. The Apps. If you want to participate in Competitions or receive Services, you may be required to first download certain Apps. If you do not download the Apps, you will not be able to participate in Competitions or receive relevant Services. Whether you download the Apps directly or from a third party, such as via an app store, your use of the Services is subject to this Agreement.
3. COMPLIANCE WITH LAWS
3.1. Prohibited US States/Countries. You acknowledge that various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Software DOES NOT permit Cash Competitions (as defined in section 7.3) to be offered to users participating in Competitions in any state in which such Competition violates its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction then you may not participate in Cash Competitions. In the United States, Prohibited Jurisdictions, as of the “Updated” date above, include: Arizona, Arkansas, Connecticut, Delaware, Florida, Louisiana, Michigan, Montana, Nevada, South Carolina, South Dakota, Tennessee and Utah. For card games, Prohibited Jurisdictions include Maine and Indiana. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our developer partners, we reserve the right (but have no obligation) to monitor the location from which you access Services, and on behalf of our developer partners, we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Cash Competition, you must accurately confirm the location from which you are playing. THE SERVICES ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE LAWS.
3.2. You acknowledge and agree that your use of the Apps and Services are subject at all times to compliance with all applicable federal, state and local laws and regulations, including those laws and regulations governing gambling activity and contests (collectively, “Applicable Laws”). You are solely responsible for your compliance with all Applicable Laws, and your use of the Apps and Services is at your own risk. We are not liable in the event you are restricted or prohibited from accessing or utilizing the Services by Applicable Law.
3.3. LEGAL DISCLAIMERS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OFFERED BY US OR USE OF THE SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
4. YOUR REPRESENTATIONS AND WARRANTIES
4.1. You represent and warrant to us that (1) you have the right, authority, and capacity to enter into this Agreement, to register for an Account, and to participate in those Competitions for which you register; and (2) you will comply with the terms of this Agreement when participating in Competitions and/or receiving Services; and (3) all information you supply to us is complete, accurate and current (and knowingly submitting incomplete or inaccurate information, or failing to update and maintain current, complete and accurate information, may result, without limitation, in immediate termination of your account and forfeiture of Winnings).
5.4. Warning. Please take care in sending us sensitive information because third parties can unlawfully intercept or access transmissions or private communications between you and us, and you acknowledge that internet transmissions are never completely private or secure. For your safety, you should never reveal any sensitive personal information in any public forums, message boards or chat features.
5.6. Gameplay Dialogue. We may use third-party websites and technologies to record or stream gameplay or chat dialogue occurring through the Services, including your own dialogue (“Recordings”). We use Recordings to verify compliance with this Agreement and as part of marketing and promotion of the Services. Please do not submit personally identifiable information in gameplay dialogue—this information is available for anyone to see and use. You may record and distribute your own recordings of gameplay dialogue for non-commercial purposes (i.e., you may not record or distribute Recordings for compensation) so long as your recording and distribution: (a) do not include other products or services that are competitive with the Services, and (b) comply with the terms in this Agreement.
6. ACCEPTABLE USE POLICY
6.1. Rules of Conduct. You are personally responsible for your use of the Services, and while using the Services you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may, at our sole discretion, temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas. We reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.
6.2. Prohibited Uses. You expressly agree that you will not use the Services to violate any law, statute, ordinance, regulation, or treaty, to violate the rights to third parties, or for a use outside of the customary and intended purposes of the Services. Specifically, you are prohibited from:
· Posting or transmitting content that:
o Infringes upon the intellectual property rights of others;
o Uses **asterisks** or other “masking” characters to disguise certain words;
o Uses advanced fonts, java, tables, html or other programming codes or commands are not allowed in messages;
o Threatens or encourages bodily harm and/or destruction of property or that is offensive, defamatory, derogatory, pornographic or obscene;
o Promotes hate, violence, harassment, stalking, discrimination, terrorism, or intolerance of any kind based upon race, ethnicity, religion, sexual orientation, or disability;
o Incites any illegal activity or unlawful sexual solicitation;
o Impersonates another or is fraudulent, inaccurate, or misleading;
o Constitutes an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter;
o Intends to collect personal or personally identifiable information from others;
o Violates any term or condition of this Agreement;
· Using a robot, spider, scraper, or other automated technology to access the Services;
· Imposing a disproportionate load on the Services or its server infrastructure or otherwise attempting to interfere with the operation of the Services;
· Attempting to gain access to the private data or personal information of a user or third party;
· Circumventing the technological and physical security measures of Winner Studio;
· Making any commercial use of any of the information provided through the Services nor making any use of the Services for the benefit of a business;
· Copying any portion of the software associated with the Services without the express permission of Winner Studio;
· Using or installing the software (or permit others to do same) associated with the Services on a network, for on-line use, or on more than one computer or gaming unit at the same time, without the express permission of Winner Studio;
· Using the Services in connection with an agreement with other individuals to wager any money or other thing of value;
· Distributing, leasing, licensing, selling, renting, converting into convertible currency, or otherwise transferring or assigning the Services, or any portions of the Service, including but not limited to Winnings without the express prior written consent of Winner Studio or as expressly set forth in this Agreement;
· Using or copying software associated with the Services at a computer gaming center or any other location-based site;
· Reverse engineering, decompiling, disassembling, displaying, performing, preparing derivative works based on, otherwise modifying any software associated with the Services, in whole or in part, without the prior written consent of Winner Studio;
· Removing or modifying any proprietary notices, marks, or labels contained on or within the software associated with the Services;
· Restricting or inhibiting any other user from using and enjoying any online features of the Services;
· Violating any terms, policies, licenses, or code of conduct for any online features of the Services;
· Transporting, exporting, or re-exporting (directly or indirectly) into any country forbidden to receive the Services by any U.S. export laws or regulations or U.S. economic sanctions or otherwise violate any laws or regulations, or the laws of the country in which the Software was obtained, which may be amended from time to time; or
· Suggesting an affiliation with or endorsement by Winner Studio.
If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Winner Studio by sending an email to email@example.com.
6.3. Your Content. The Services may allow you to create content, including, but not limited to, screenshots, videos, characters, items, or videos of your game play. In exchange for use of the Services, and to the extent that your contributions through use of the Services give rise to any copyright interest, you hereby grant us an exclusive, perpetual, irrevocable, fully transferable, and sub-licensable worldwide right and license to use your contributions in any way and for any purpose in connection with the Services and related goods and services, including, but not limited to, the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual property rights by applicable laws and international conventions. You hereby waive and agree never to assert any moral rights of paternity, publication, reputation, or attribution with respect to ours and other players' use and enjoyment of such assets in connection with the Software and related goods and services under applicable law. This license grant to us, and terms above regarding any applicable moral rights, will survive any termination of this Agreement.
You are solely responsible for your use of any user content and use such user content at your own risk. By submitting any user content to Winner Studio, you represent and warrant that you own and control all of the rights to the user content that you submit, or that you have the lawful right to distribute and reproduce such user content and that your use and posting of such user content does not violate any terms of this Agreement.
You may not upload to, distribute, or otherwise publish any content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties. Submissions or opinions expressed by users are that of the individual expressing such submission or opinion only. Subject to the foregoing, we may edit, refuse to post, or to remove any information or materials submitted, in our discretion. You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your submissions or content.
You agree that you are solely responsible for any user content that you submit to Winner Studio. Winner Studio acts solely as a repository of data, and takes no responsibility and assumes no liability for any user content stored or uploaded by you or any third party, or for any loss or damage thereto. Although Winner Studio has no obligation to screen, edit, or monitor any of the user content posted anywhere in connection with the Services, Winner Studio reserves the right, and has absolute discretion, to remove any such user content at any time and for any reason without notice. You are solely responsible for creating backup copies of and replacing any user content you submit to Winner Studio.
Winner Studio does not own any user content you submit to Winner Studio, but in submitting the user content to Winner Studio, you grant Winner Studio an irrevocable, non-exclusive, royalty-free, worldwide, and perpetual license to use your user content for the customary and intended purposes of the Services and any purpose related thereto, including, without limitation, to reproduce, modify, aggregate, prepare derivative works from, distribute copies, sell, display, research, and use any of the user content. These purposes may include, but are not limited to, providing you or third parties with the Services and improving the Services. You agree to waive all moral rights in and to your user content across the world, whether you have or have not asserted moral rights in or to your user content.
6.4. Cheating, Fraud, and Abuse. In accessing or participating in Services or using the software in connection with the Services, you represent and warrant to us that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. Anyone who engages in, participates in or displays behavior that may be interpreted, in the discretion of us only, as unfair methods in participating in Services, including but not limited to, the opening and/or use of multiple accounts, the use of unauthorized or altered software or hardware to assist play (e.g., bots, bot nets, and collusion with bots), intentionally poor play in certain games to achieve competitive advantage, collusion with other players (e.g. intentionally losing rematches in Cash Competitions), deliberate transfer of money between accounts (e.g., “money laundering”), harassment of other participants, posting objectionable material, breach of this Agreement, breach of security of your account, or any other act (whether through the use of automated technology or otherwise) that unfairly alters your chance of winning or constitutes the commission of fraud (collectively, “Abuse”), you will be subject to immediate sanction (as determined by us only), which may include, without limitation: (1) immediate termination of your account and blocking of your access to the Services; (2) any Winnings that you may otherwise have been entitled to receive shall be void and forfeited; and (3) any Winnings received by you shall be subject to disgorgement and/or recoupment. In addition to the foregoing, we reserve the right to disclose or report any money laundering similar illegal activity to law enforcement and regulatory authorities. Without limiting our other available remedies, we, solely may institute or seek any injunctive relief, civil and/or criminal proceedings against you and/or any of your co-conspirators arising out of or related to your commission of Abuse, including without limitation recovering all of our fees and expenses (including reasonable attorneys’ fees) in connection with such efforts.
6.5. Hacking, Tampering, or Unauthorized Access. Any attempt to gain unauthorized access to systems or any other user’s account, interfering with procedures or performance of the Services, or deliberately damaging or undermining the Services is subject to civil and/or criminal prosecution and will result in immediate termination of your account and forfeiture of your Winnings. You acknowledge that we are not responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account.
7. WINNINGS, ACCOUNT FUNDS, AND PAYMENTS
7.1. Fees. You agree to pay all applicable fees related to your use of those Services requiring an entry fee to participate. All fees are stated in U.S. Dollars, must be prepaid and are non-refundable. We may suspend or terminate your account and/or access to the Services if the payment method that you provide to us cannot be processed. You are fully responsible and liable for all charges, deposits and withdrawals made under your account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.
7.2. Billing. We may change the fees and billing procedures associated with the Services by with or without notice to you. By providing a payment method, you (a) represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate; (b) authorize us to charge you for the Services using your payment method; and (c) authorize us to charge you for any paid feature of the Services that you choose to sign up for. We may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. If you dispute any amount charged to you, you must notify us in writing at firstname.lastname@example.org within 120 days of the charge. If you fail to notify us in writing within 120 days of any such charge, we will not be responsible for correcting the error. If we identify a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
7.4. Bonus Funds. If you are a Cash Player, then you may be granted bonus funds and/or credits (“Bonus Funds”). Bonus Funds can be used to enter Cash Competitions, but cannot be withdrawn or used for any other Service. If you win a Cash Competition, your Winnings may be provided to you in the same proportion of real money and/or Bonus Funds as you used to enter the Cash Competition. Notwithstanding the foregoing, additional Bonus Funds will be used to enter Cash Competitions if Bonus Funds are the only currency available in your account. When you win a Cash Competition, any Bonus Funds that you have used to pay the entry fee will be returned to you and any additional winnings beyond your entry fee will be paid in U.S. Dollars. If you initiate a withdrawal of funds from your account, you will forfeit all Bonus Funds currently in your account. If you do not enter a Cash Competition within a continuous 60-day time period, all Bonus Funds in your account will be forfeited.
7.6. Closing Accounts; Forfeiture of Funds. If you close your account, funds in your account will be returned subject to the terms of Section 7.5. If your account is unilaterally closed or terminated for cause as allowed in this Agreement, funds in your account may be forfeited and not returned to you. If your funds are forfeited by you in accordance with this Section or other terms in this Agreement, these funds may be used to defray the costs of administration and enforcement of this Agreement, allocated or disbursed such amounts to other Services or donated these funds.
7.7. Account Monthly Maintenance Fee. If your account is inactive (i.e. you have not entered at least one (1) Cash Competition for six (6) consecutive months or more), a maintenance fee of $2.00 per month may be charged (the “Monthly Maintenance Fee”). After five or more months of inactivity you will be notified by email that if your account remains inactive for one more month, the Monthly Maintenance Fee will be deducted from your account each consecutive month after that that it remains inactive. The Monthly Maintenance Fee will not be deducted from your account if there are no funds in your account. However, if your account has no funds and has been inactive for twelve or more consecutive months, your account may be closed.
7.8. Refund Policy. To the maximum extent allowed by applicable laws, no refund is given.
7.9. Winnings. If you are eligible to receive Winnings, we may require that you provide proof that you are, or were at the time of your participation in the subject Competition, eligible to participate in accordance with this Agreement, and that your participation was in accordance with this Agreement. If you do not provide such proof to our reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this. We may also reduce payment to you without notice to adjust for any previous overpayment. All payments to users will be made in U.S. dollars.
Employee Policy: Winner Studio employees may use the Services for the purpose of testing the user experience, but may not withdraw money. Winner Studio directors, contractors, affiliates, or partners may use the Services without such limitation so long as they do not have any access to non-public information relating to the Services that would lead to any advantage in their play using the Services.
7.10. Third-Party Payment Processor. Winner Studio reserves the right to use third party electronic payment processors to process payments made by you and to you in connection with your use of the Services. To the extent that they do not conflict with the terms of this Agreement, you agree to be bound by the terms and conditions of such third-party electronic payment processors.
When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card. You must promptly notify us of any changes to your credit card account number, its expiration date and/or your billing address, or if your credit card expires or is canceled for any reason. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third-party payment processor, such as PayPal, in connection with the Services. Any attempt to defraud through the use of credit cards or other methods of payment, regardless of the outcome, or any failure by you to honor legitimate charges or requests for payment, will result in immediate termination of your account, forfeiture of Winnings, and pursuit of civil litigation and/or criminal prosecution.
7.11. Taxes. You are solely responsible for and must pay any and all federal, state, and local taxes resulting from your activities in the Services. If you are a U.S. resident, we may send you an IRS Form W-9 and 1099-MISC or other appropriate form if your Winnings 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 existing Account balance and/or from future Winnings any amount required to be withheld by Applicable Laws, including amounts due in connection with your failure to complete relevant tax documentation, but you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
8. Intellectual Property and Winner Studio Content
We retain all right, title, and interest to the software associated with the Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sounds effects, musical works, and moral rights. The software associated with the Services is protected by U.S. copyright and trademark law and applicable laws and treaties throughout the world. The software associated with the Services may not be copied, reproduced, altered, modified, or distributed in any manner or medium, in whole or in part, without prior written consent from our Company. Any persons copying, reproducing, or distributing all or any portion of the Services in any manner or medium, will be willfully violating the copyright laws and may be subject to civil and criminal penalties in the U.S. or their local country.
Winner Studio respects the intellectual property rights of others and is committed to helping third parties protect their rights. Users are prohibited from posting content that violates another party’s intellectual property rights.
If you believe, in good faith, that any materials associated with the Services infringe upon your copyrights, please provide Winner Studio with a notice of copyright infringement with compliance with § 512 of the Digital Millennium Copyright Act (DMCA) using Winner Studio’s DMCA agent identified below.
Once Winner Studio receives a notice of copyright infringement in compliance with § 512, we will act with commercial reasonableness to remove or disable access to the allegedly infringing content. Winner Studio will also make a good faith attempt to notify the owner or uploader of the allegedly infringing content. The owner or uploader may respond to Winner Studio via Winner Studio’s copyright agent with a counter-notification if they believe the content subject to a notice of copyright infringement was not infringing any intellectual property rights.
The notice of copyright infringement must be in compliance with § 512 of the Digital Millennium Copyright Act and must also contain the following:
1) The physical or electronic signature of a person authorized to act on behalf of the copyright owner;
2) Identification of the copyrighted work(s) alleged to have been infringed;
3) The location of the copyrighted work(s);
4) Your contact information, such as an address, telephone, fax number, or email address;
5) A statement that you have a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
6) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
Conversely, if you are a user that believes that content subject to a notice of copyright infringement is not actually infringing, you may submit a counter-notification. The counter-notification must contain the following:
1) Identification of the specific materials that have been removed;
2) Your contact information, such as an address, telephone, fax number, or email address;
3) A statement, under penalty of perjury, that you have a good faith belief that the content was removed as a result of mistake or misidentification;
4) A statement that you consent to the jurisdiction of the federal district court in which your address is located;
5) A statement that you will accept service of process from the notifying party; and
6) Your physical or electronic signature.
Notifications of copyright infringement and counter-notifications may be submitted to:
Winner Studio Co., Limited ADDRESS: RM 32.11/F LEE KA IND BLDG 8 NG FONG ST SAN PO KONG KLN HONG KONG, email@example.com
9. Section 230 of the Communications Decency Act
You acknowledge and agree that Winner Studio is an interactive computer service provider under Section 230 of the Communications Decency Act. Through Winner Studio may edit, remove, or control the content associated with the Services, you agree that Winner Studio will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the use of the Services or otherwise.
This Agreement applies to you and to us from the date that you accept them as provided above, until termination of your account (whether by deactivation, cancellation, closure, expiration or termination by you or us). You may terminate this Agreement at any time and for any reason by going to your account webpage and following the account closure process. Upon termination of your Account, you must immediately discontinue use of the Services and your account and promptly uninstall and delete all copies of the software associated with the Services. Immediately upon termination of your account, all license and rights granted to you under this Agreement automatically terminate and you shall automatically forfeit the right to use Digital Assets. Your obligation to pay accrued fees will survive any termination of this Agreement. Any and all terms and conditions within this Agreement which should, by their nature, survive termination of this Agreement, will survive such termination.
11. Disclaimer of Warranties
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO OUR WEBSITE, APPS AND SERVICES, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
THIS MEANS THAT WE DO NO PROMISE YOU THAT THE SERVICES OR APPS ARE FREE OF PROBLEMS. Without limiting the generality of the foregoing, we make no warranty that our Apps or the Services will be uninterrupted, timely, secure, virus free or error free or that defects will be corrected. We strive to keep Services up and running; however, due to variations in hardware, software, internet connections, and individual usage, we do not warrant the performance of the software on your specific device. We make no warranty as to the results that may be obtained from the use of our Apps, Services or as to the accuracy or reliability of any information obtained through the Services. No advice or information, whether oral or written, obtained by you through the Services or from us shall create any warranty. We disclaim all equitable indemnities. Because some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you. We are not responsible or liable for any disruption or loss you may suffer as a result.
WE MAKE NO REPRESENTATIONS AND WARRANTIES (EXPRESS OR IMPLIED) THAT YOUR USE OF ANY OF THE SERVICES PROVIDED IS LAWFUL.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR SUPPLIERS OR LICENSORS, WILL 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, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE OR OUR THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $50.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
You agree to hold harmless, indemnify, and defend Winner Studio, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Services, your reliance upon advice provided through your use of the Services, your submission of user content to Winner Studio, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Winner Studio under the terms of this Agreement will not provide you with the right to control Winner Studio’s defense, and Winner Studio reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Winner Studio.
14. DISPUTE RESOLUTION AND ARBITRATION
BINDING INDIVIDUAL ARBITRATION - PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY ALTER YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
This binding individual arbitration section will not apply to the extent prohibited by the laws of your country of residence.
This section facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, or tort) that may arise between you and us. As a result, “dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you whenever you also assert claims against us in the same proceeding.
This section provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of this Agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. The arbitrator must follow the terms in this Agreement and can award the same damages and relief as a court, including attorneys’ fees. YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES WILL BE RESOLVE EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Exclusions from Arbitration/Right to Opt Out. Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) you opt-out of these arbitration procedures within 30 days from the date that you first consent to this Agreement. You may opt-out of this provision by emailing us at firstname.lastname@example.org the following information: (a) your name; (b) your address; (c) a statement that you do not wish to resolve disputes with us through arbitration.
Arbitration Rules and Procedures. Arbitration shall be subject to the U.S. Federal Arbitration Act and federal arbitration law, and shall be conducted by Judicial Arbitration Mediation Services, Inc. (“JAMS”) pursuant to the JAMS Streamlined Arbitration Rules and Procedures effective July 1, 2014 (the “JAMS Rules”), as modified by this agreement to arbitrate. If you are located in a country other than the United States, then arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator and AAA; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
Class Action Waiver. THE ARBITRATION PROCEEDINGS DESCRIBED HEREIN WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY. Neither you nor us shall be entitled to join or consolidate disputes by or against other individuals or entities, or to arbitrate any dispute in a representative capacity, including, without limitation, as a representative member of a class or in a private attorney general capacity, in connection with any Dispute. Further, unless both you and us agree, the arbitrator may not consolidate more than one person’s claim. The arbitrator may award any individual relief or individual remedies that are permitted by applicable law, but to the maximum extent permitted by applicable law, may not award relief against us respecting any person other than you.
Class Action Waiver. Except as otherwise provided in this section, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims unless both you and we specifically agree to do so in writing following initiation of the arbitration. Neither you, nor any other user of the Services may be a class representative, class member, or otherwise participate in a class or representative proceeding without having complied with the opt-out requirements above.
Notice of Dispute. If you have a Dispute with the Company, you must send written notice to Winner Studio Co., Limited ADDRESS: RM 32.11/F LEE KA IND BLDG 8 NG FONG ST SAN PO KONG KLN HONG KONG, in order to give us the opportunity to resolve the dispute informally through negotiation. Notice must be provided within two (2) years of the Dispute having arisen, but in no event after the date on which the initiation of legal proceedings would have been barred under the applicable statute of limitations. The failure to provide timely notice shall bar all claims. If we have a dispute with you, we will provide notice to the address we have on file for you, if possible. You and we agree to negotiate the Dispute in good faith for no less than 30 days after notice of the Dispute is provided. If the Dispute is not resolved within 30 days after receipt of notice of the Dispute, Winner Studio or you may pursue the claim in arbitration as provided in this section.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Child Online Privacy Protection Act
The Website is not directed to persons under the age of thirteen (13) and Winner Studio will not knowingly collect information from children under the age of thirteen (13). If Winner Studio inadvertently collects such information, Winner Studio will delete the information in accordance with its security protocols.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Winner Studio may assign its rights and obligations under this Agreement at any time.
Reservation of Rights
All rights not expressly granted herein are reserved to Winner Studio.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: Customer Support, Winner Studio Co., Limited ADDRESS: RM 32.11/F LEE KA IND BLDG 8 NG FONG ST SAN PO KONG KLN HONG KONG