Earn rewards doing what you already do on your phone: games, videos & surveys
This appendix pertains to certain information provided by you or inferred from your usage of Word Game, and stored in electronic form on Word Game’ servers (in general, “Electronically-stored Information”). Throughout this Privacy Policy, it is understood that your “computer” includes the computing device on which Word Game is operating, including a personal computer, smartphone, tablet, or other similar computing device capable of running the Word Game software.
Word Game respects the rights and privacy of our end users and partners, and believe in protecting personal information. This updated privacy policy takes into consideration how data is collected, used and shared. Word Game will continue to strive to meet the changes in data protection regulations, and may update the policy time to time for operational, legal or regulatory reasons.
By accessing the Word Game website at http://www.thewordgame.app or installing or using the Word Game app, you agree to be bound by this Privacy Policy.
You will be required to provide an email address or other similar contact information (“Your E-mail Address”) in connection with obtaining this product. You may also be required to, or may elect to, provide other registration information (“Registration Information”).
Word Game' servers automatically collect and record certain “Non-Personal Information.” This information may include session data, usage data, connection and service-related data, browser “user agent” strings, network metrics, data quality metrics, connection location and time, and data logs. In some cases, Non-Personal Information may be aggregated across numerous users.
Non-Personal Information may be used to improve Word Game, track server usage, analyze statistical data, track problems, prevent fraud, enhance security, and for other lawful purposes. Word Game may store this information on its servers, commercially exploit this information, or resell this information to its commercial affiliates. Statistical information is disclosed only in its aggregate form. Word Game may also disclose this information pursuant to any lawful order.
“Personal Information” is information that identifies you or that could be used, in the aggregate, to identify you. This information may include, but is not limited to your name, Your E-mail Address, other contact information, your Registration Information, your IP address, geographic location data, photographs stored on your computer including any metadata, contacts stored on your computer, usage statistics, any and all potentially related purchases, any and all potentially related earnings, and any data you send or receive using Word Game. Unless you have opted out of your computer providing location data or services to applications, Word Game will collect your location data and services, including when Word Game is or appears to be inactive.
The type of personal information that we collect and process falls into three categories:
If you are one of our End Users, we collect the following information provided by you in connection with our legitimate business interests in order to appropriately target advertisements as part of our Services and, to allow you to set up a user account and profile, to contact you, to fulfil your requests for certain Services, to analyze how End Users utilize the Services:
Customers and Partners wishing to opt out of receiving information from Word Game can click “UNSUBSCRIBE” in marketing emails or email us at wordgame@playtowinapps.com.
We also collect certain types of information automatically through the use of Cookies as outlined below and other similar tracking technologies. These tracking technologies enable us to personalize the Services to End Users.
If you would like to request that it be removed from our database, please contact us at wordgame@playtowinapps.com
B. Information We Collect and Use About End Users When They Interact With Our Mobile Applications
If you are an End User, we collect certain device information provided by our advertising exchange Partners or our Customers to serve targeted ads to you, to measure performance of targeted ads, to analyze trends in aggregated data and to analyze data to identify the demographic and interests of End Users across the app ecosystem (all of which could include the sharing of data with the applicable advertising Partners for such purposes).
This information includes:
C. Information We Collect From Site Visitors via Our Site
We collect and store any information that Site Visitors provide to us as required for us to provide you with access to the Site and the Services, pursuant to the Site’s Terms of Use. For example, we collect personal information such as your email address and browser information. You can choose not to provide us with certain information, but then you may not be able to register with us or take advantage of some of our features. If you have provided us with a means of contacting you, we will use such means to communicate with you in relation to the purposes for which you provided your contact details and in relation to similar products or Services. If you do not want to receive communications from us, please indicate this by contacting us at wordgame@playtowinapps.com.
Additionally, you may sign up to receive reports and communications from us by submitting your email address via the Site. If you would like to opt-out of receiving any information that you receive from us, you may update your email preferences by using the “UNSUBSCRIBE” link found in emails we send to you or at your member profile on our Site or by contacting us at wordgame@playtowinapps.com. Where we ask for your consent to send you communications, we process the relevant data you provide us on the basis of that consent.
D. Tracking Technologies on Our Website
In operating the Services, we along with our third party partners may use tracking
technologies such as cookies, E-Tags, JavaScript and Local Storage such as HTML5.
Our third party partners also use Local Shared Objects (LOSs) such as Flash.
A cookie is a small piece of text that is sent to a browser. The browser provides this
piece of text to the originating server when the visitor returns. Word Game uses cookies
to help direct users to the appropriate page based on their interests. Word Game does
not store any personal data in cookies. Most Web browsers are initially configured to
accept cookies, but you can change this setting so your browser either refuses all
cookies or informs you when a cookie is being sent. Also, you are free to delete any
existing cookies at any time. Please note that some features of Word Game may not
function properly when cookies are disabled or removed.
E-Tag is a technology that is part of the standard HTTP protocol that allows our website
to validate temporary storage (cache) of our pages and images. This ensures that you
are viewing the latest version of our website since your last visit.
JavaScript is a dynamic object oriented computer programming language. JavaScript is
used to understand user behavior on our website.
Local Storage (LS) such as HTML5 and Local Shared Objects (LOSs) such as Flash
are used to store content information and preferences. Various browsers may offer their
own management tools for removing HTML5 LS’s.
As is true of most websites, we gather certain data automatically, such as Internet
protocol (IP) addresses.
We advertise our services on other sites. Such sites may use cookies or similar
technologies in order to provide you advertising based upon your browsing activities
and interests. If you wish to opt out of such advertising, please contact us at
wordgame@playtowinapps.com
E. Social Widgets
Our website includes Social Media Features, such as the Share button or links to social networks like Twitter and Facebook. These Features may collect your Internet protocol address, which page you are visiting on our website, and may set a cookie to enable the Feature to function properly. Social Media Widgets allow you to share our Blog articles on your social media page. Your interactions with these features are governed by the privacy policy of the company providing the service.
User information includes Statistical Information, Personal Information, and any other information that Word Game gathers about you. User Information may be collected based on your individual use of Word Game, based on Word Game' ability to access data stored on your computer, or via your interaction with the Word Game website at http://www.Thewordgame.app, including “cookies” stored on your computer and your participation in forums, if any.
You grant Word Game the right to collect and use User Information for any lawful purpose. Without limitation, Word Game may use User Information to improve service, answer inquiries, fix software bugs, refine features, create an individual user profile about you, enforce this Privacy Policy or the Word Game End User License Agreement, in response to a court order or other similar legal request that Word Game is required to respond to, and for targeted advertising and other commercial purposes. Word Game may also sell, rent, distribute, disclose or otherwise provide the information to its commercial affiliates for similar purposes without prior consent from or notice to you other than your agreement to this Privacy Policy. Your agreement to this Privacy Policy is consideration, in part, of Word Game' cost of providing Word Game to you. Word Game will not sell your User Information to known spammers or for any illegal purpose. Word Game contractually requires commercial affiliates who receive User Information from Word Game to verify that they have in place security and privacy measures conforming to section 8 of this Privacy Policy.
The personal data collected or processed through our Services (concerning our End Users or visitors to the Word Game mobile application or website) will be used for: (i) creating aggregate data and anonymous data (as specified below), (ii) providing the Services, and (iii) improving and maintaining our Services. For example, we use such data to help diagnose problems with our servers, to diagnose and prevent fraudulent activity, to process payment requests, to consider and develop new services and features and to improve the Services and make them more useful.
By analyzing the data we collect, we may compile aggregate and anonymized data (“Aggregate Data”). Aggregate Data is anonymous and is not linked to any personal data. Aggregate Data helps understand trends and End User needs so that new services can be considered and so existing products and services can be tailored to End User desires.
Word Game will never directly ask you for certain sensitive information, such as your social security number, or questions about your health, sexual orientation, gender identification, or religious beliefs and practices (“Sensitive Information). Word Game requests that you not try to provide Sensitive Information directly to Word Game. To the extent Sensitive Information may be inferred from your use of Word Game, Word Game requests that you refrain from using Word Game in a manner that implicates the Sensitive Information if you prefer not to be associated with your Sensitive Information. Word Game does not screen User Data to ensure that Sensitive Information has not been disclosed or cannot be inferred.
Word Game does not collect or store financial information, including credit card or bank account numbers. If Word Game starts collecting such information in the future, Word Game will provide an updated End-User License Agreement and Privacy Policy addressing practices with respect to financial information.
Word Game may retain Electronically-stored Information for as long as is lawful and for as long as is commercially reasonable, practical and necessary for Word Game' purposes. Word Game expressly makes no covenant to retain or destroy information within a certain time, except that Word Game will retain or destroy information as required by law. Word Game protects User Information with commercially-reasonable security measures, including administrative procedures, physical security, electronic security. Word Game stores Personal Information in encrypted databases. In the event of a data breach that Word Game is required by law to inform you of, you agree that notice is complete and effective upon Word Game' delivery of notice to Your Email Address.
EU-U.S. Privacy Shield
As we are based in the United States, if you are located outside the United States and provide personal information to us, or to one of our group companies, your information will be transferred to us in the United States in accordance with this privacy policy. Word Game is striving to certify its compliance with the EU-U.S. and the Swiss – U.S. Privacy Shield Framework. Word Game is committed to subjecting all personal data received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov/list]
California Civil Code § 1798.83 gives you the right to request specific information about Word Game' use of your personal information. If you would like to request information with respect to your rights in California, please email Word Game at wordgame@playtowinapps.com and please include “California Privacy Information” in the subject line.
Word Game does not knowingly collect or process personal data from or with respect to children under the age of 16, and you must be 16 years of age or older in order to establish an account for Word Game Services.
If you are a parent or legal guardian and believe that your child under the age of 16 has submitted his or her personal data or other data without your consent, permission, or authorization – please let us know immediately, and we will promptly act to remove your child’s data from our database, cease the use of such data and inform any other party we suspect to have access to such data to do the same.
We may partner with third-party service providers to serve ads regarding goods or services that may be of interest to you when you access and use the Site and third party-platform. Some of the ads on this Site or on third party platform may be personalized, meaning that they are intended to be relevant to you based on what we or the online advertising network serving the ad know about you or your computer’s browsing activity on both the Site and third-party platform. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags).
The Network Advertising Initiative offers useful information about internet advertising companies, including information about how to opt-out of interest-based advertising by their members. See http://www.networkadvertising.org for general information about the NAI and http://www.networkadvertising.org/managing/opt_out.asp for the opt-out page. You may also visit http://www.aboutads.info/consumers/ to learn about interest-based advertising and how to opt-out from ads served by some or all participating companies. These opt-out mechanisms rely on cookies to remember your choices. If you delete your cookies, use another computer or device, or change browsers, you will need to repeat this process. In addition, opting out of interest-based ads will not opt you out of all ads, but rather only those ads that are personalized to your interests. Word Game respects the privacy rights of our Customers, and to the extent required by applicable law, will make reasonable commercial efforts to allow them to access, correct, object to the processing of, delete or port any of their personal data, provided that we are able to properly verify their identity and link them to any personal data in our possession. For any inquiries related to this, please contact us at wordgame@playtowinapps.com.
If you have questions or concerns about this Privacy Policy, or if you need to report a violation of this Privacy Policy, please email Word Game at wordgame@playtowinapps.com and please include “Privacy Policy Inquiry” in the subject line.
Word Game may update this Privacy Policy from time to time, and will deliver updates to Your Email Address. If you do not agree to the new Privacy Policy, your remedy is to immediately cease use of the Thewordgame.app website, immediately uninstall all copies of the Word Game software, and otherwise comply with your obligations under the Word Game EULA.
IMPORTANT—READ CAREFULLY: These terms and conditions constitute a legal contract, hereafter referred to as the “Agreement,” between “You,” the user (either an individual or a single business entity) and PlayToWin Mobile LLC(“WR” or “LICENSOR”) for the use of the website hosted and maintained at http://www.playtowinapps.com and related sites that are now available or that may be available in the future (collectively the “Site”), which includes mobile app, computer software and, as applicable, associated media, printed materials, online or electronic documentation, advertisements, and any other content accessible at or related to http://www.playtowinapps.com (collectively, “Content”), which is made available for use with the WordRise™ information service (the “WordRiseService”).
BY USING THE WORDRISE SERVICE OR THE SITE, YOU AGREE TO BE BOUND BY THE THIS AGREEMENT, INCLUDING WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE SITE OR THE WORDRISE SERVICE.
WR grants You a limited, personal, revocable, non-transferable, and non-exclusive license to access the Site and its Content. Content may not be copied, distributed, modified, published, or transmitted in any other manner, including for use for creative work or to sell or promote other products. Any access to the Site or its Content except in accordance with this Agreement is prohibited.
Systematic retrieval of data from the Site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of WR is strictly prohibited. When retrieving information from the Site, You are prohibited from using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser; aggregating, copying or duplicating any of the materials or information available from the Site except for the small amount of materials and information temporarily required for and Your use of the Site; or accessing data not intended for You.
WR operates the Site for its own commercial purposes. Your use of the Site is at the sole discretion of WR, which may deny You further use of the Site at any time, for any reason or no reason, with or without cause. Your use of the Site does not entitle You to continued use of the Site.
WR may provide software in conjunction with the Service or for other purposes. Software provided by WR is governed by an end-user license agreement, which you must accept before installing or using the software.
Malfunction Voids All Pays and Plays.
WR may provide, from time to time, streamed Content, such as audio, video, or other multimedia. While this Agreement grants You a license to access such Content on a streaming basis, creating a local copy of such Content on Your hard drive or other permanent storage device, except to the extent necessary to operate a streaming media player, is a violation of this Agreement and of United States and international copyright law.
You agree that You will not use any device, software or routine to bypass any code which may be included to prevent You from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure. You agree not to break, counteract, disable, disrupt, or otherwise hinder, or attempt to break, counteract, disable, disrupt, or otherwise hinder, any encryption, digital rights management (DRM) or other access restriction or control mechanism attached to any Content received from the Site. Doing or attempting to do any of the foregoing is a violation of this Agreement, and may be actionable under the Digital Millennium Copyright Act (DMCA), regardless of other fair use or other statutory or other common law rights. Your obligations under this section shall survive the termination of this Agreement.
Your use of the Site must always comply with applicable law. In particular, but without limitation, You agree and represent not to use the Site to:
(a) impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with any person or entity;
(b) upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(c) upload, post, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment;
(e) post chain letters or pyramid schemes; harvest or otherwise collect information about others (including email addresses) without their consent; or post the same information more than once or “spam;”
(f) use automated scripts to collect information from or otherwise interact with the Site;
(g) provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
(h) engage in activities that violate United States antitrust laws or otherwise constitute restraint of trade or price fixing; or
(i) boycott products or services.
WR may, at its sole option, provide message boards, forums, or other social networking tools on the Site from time to time. The provision of such tools is no guarantee of their continued provision, and WR makes not guarantee that they will be maintained or that any user-generated content will be retained for any period of time. By providing any user-generated content, You automatically grant WR a perpetual, royalty-free, fully-paid, non-exclusive, irrevocable, worldwide license to Your user-generated content for use on the Site forever. You are responsible for making sure all information and materials that You originate or require are properly backed up so that You have ready access thereto in the event of loss, corruption or interruption of the Site or the WR Service.
WARNING: It is possible that other users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Site and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Site, and that the recipient may use such information to harass or injure You. WR is not responsible for the use of any information that You may choose to disclose publicly through the Site. Please carefully select the type of information that You post publicly on the Site or release to others. Opinions, advice, statements, offers, or other information or content made available through the Site, but not directly by WR, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. You agree to take normal precautions when meeting individuals in person that You have made contact with through the Site.
WR may, in its sole discretion with or without notice and for whatever reason, cancel any credits and coins upon the occurrence of any of the following: (i) if the account has been inactive for 90 consecutive days, (ii) if the account or user has been found to violate the Terms and Conditions outlined in this document, and/or (iii) if there was a malfunction of the services/product.
As part of its effort to provide the best possible Content and to increase the value and utility of the WR Service, WR may collect information about You. WR takes the issue of internet privacy very seriously. Use of Your data is governed by the WR Privacy Policy.
WR may, at its sole discretion, update this Agreement from time to time. If You do not agree to the new terms and conditions, Your sole recourse and remedy will be to cease use of the Site and the WR Service. Your use of the Site or the WR Service after the date that the changes becomes effective shall constitute Your acceptance of this Agreement, as modified.
This Agreement is the entire agreement between You and WR, and may not be modified except in writing signed by WR. You agree that nobody has any authority, actual or apparent, as an agent of WR, to modify this Agreement other than in writing.
WR may assign, delegate, or transfer its rights and responsibilities under this Agreement. You may not assign, delegate, transfer, license, sub-license, or otherwise convey all or part of Your rights or responsibilities under this Agreement.
Each term, condition, covenant, provision, or other part of this Agreement is separate, distinct, and severable from every other term, condition, covenant, provision or other part of this Agreement. In the event that any term, condition, covenant, provision or other part of this Agreement is found to be void, voidable, unenforceable, or otherwise ineffective, the same shall be reformed to substantially affect the parties’ intents as closely as possible, and shall have no effect on any other term, condition, covenant, provision, or other part of this Agreement.
WR may provide Content from third parties (“Third Party Content”), including from advertisers, media producers, and others. Unless otherwise specifically noted, WR has no relation to those third parties whatsoever except for the contractual relationship or relationships under which WR provides the Third Party Content. WR accepts no responsibility whatsoever for the Third Party Content, including for its accuracy, suitability, legality, or propriety.
Neither You nor WR enter into this Agreement on behalf of or for the benefit of any third party, and no third-party beneficiaries are intended.
This Agreement does not create an agency, partnership, joint venture, or any other business or legal relationship between You and WR except as unaffiliated contracting parties.
The Website and the Service are provided FOR ENTERTAINMENT PURPOSES ONLY, and are not a substitute for or supplement to your own exercise of due care. WR makes no warranties or representations about the quality or consistency of any data. You agree to verify for yourself any data or information provided by WR. YOU EXPRESSLY ASSUME THE RISK THAT DATA, TRACKING, OR INFORMATION PROVIDED OR RETRIEVED BY WR OR THROUGH WordRise IS INCORRECT. The terms of this section supplement and do not supersede the other limitations in this article.
The Site includes Content that is protected by the United States copyright laws and international treaties. Any portion of the Site that includes the © symbol or the word “copyright” or an abbreviation thereof followed by the name “WR LLC” or any variation thereof is owned and copyrighted by WR. You have no license to use, view, access, copy, or otherwise exploit such Content except as expressly granted by this Agreement.
All other copyrighted material is the property of its respective owners. WR respects the copyrights of third parties and does not condone or encourage the violation of the same.
Pursuant to the Digital Millennium Copyright Act (DMCA) WR has registered an agent to receive copyright claims (“Designated Agent”). You may notify WR of alleged intellectual property rights infringement by contacting our Designated Agent at:
PlayToWin Mobile LLC
Attn: DMCA
13760 Noel Rd. Ste 855
Dallas, TX 75240
Please be aware that, in order to be effective, Your notice of claim must comply with the detailed requirements set for the in the DMCA. You are encouraged to review them (see 17 U.S.C. § 512(c)(3)) before sending Your claim.
Upon receipt of notice of claimed infringement, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
Please do not send any other communications to the Designated Agent, who is appointed solely for the purposes of receiving notices of copyright claims under the DMCA.
You may find both WR trademarks and third-party trademarks on or in relation to the Site. The presence of a third-party trademark does not imply that WR is affiliated with the owner of the trademark. WR does not grant You any license or permission to use its own or third parties’ trademarks.
Certain aspects of the WR Service, the Site, the Content, or other related items may be covered by U.S. and international patents and pending patents (collectively, “Patents”). WR does not grant to You or imply a license to any of the Patents, except to the extent necessary to permit You to interact with the Site and the WR Service according to the terms of this Agreement.
You agree that all of the terms and conditions of this Agreement are material to this Agreement, and that Your breach or threatened breach of any part of this Agreement or failure to abide by any term of this Agreement will cause WR immediate and irreparable harm. Any such breach or failure will immediately and automatically terminate this Agreement.
Either party may terminate this Agreement at any time, for any reason or no reason, by sending notice of the termination to the other party. Any notice of termination shall be effective immediately when delivered.
You agree that upon any termination of this Agreement, You no longer have any license whatsoever to view, use, copy, or otherwise access the Site, Content, or the WR Service. You agree that, immediately upon termination, any viewing, using, copying, or otherwise accessing the Site, Content, or WR Service shall not be a mere breach of contract, but shall constitute a violation of the copyright in the Site, Content, and/or WR Service.
You warrant and represent that You are legally competent to enter into this Agreement. You warrant and represent that You have read this Agreement in its entirety, that You have had adequate opportunity to consult with legal counsel of Your own choosing, that if You have not consulted with legal counsel that You have decided consciously and voluntarily not to consult counsel, and that You are or were of right mind when You do or did accept this Agreement. You further warrant and represent that You enter into this Agreement without duress, coercion, or undue influence, and that there has been no unconscionable conduct on the part of either party. You agree that the terms and conditions of this Agreement are reasonable and freely bargained for, and You waive any argument that any term or condition of this Agreement is unconscionable. The terms of this section survive termination of this Agreement.
1. You EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOU USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. THERE IS NO WARRANTY THAT INFORMATION PROVIDED HEREUNDER, WR’S EFFORTS, OR THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
(b) WR ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, THE SITE OR ANY USER COMMUNICATIONS.
(c) WR IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SITE.
(d) WR MAKES NO WARRANTY THAT:M
(i) YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(ii) THE SITE WILL HAVE ANY PARTICULAR UPTIME OR MEET ANY RELIABILITY MEASURES,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, OR
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET Your EXPECTATIONS.
(e) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE DEVICES, SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(f) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WR OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
The terms of this section survive termination of this Agreement.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR ANY AND ALL LOSSES, LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE SITE;
(b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE;
(d) ANY HACKING ATTEMPT THAT MAY LEAD TO THE DATA BEING COMPROMISED;
(e) THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE, INCLUDING WITHOUT LIMITATION INFORMATION RELATED TO SERVICES WITHIN THE APP; OR
(f) ANY OTHER MATTER RELATING TO THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE. NOTWITHSTANDING THE FOREGOING, WR’s LIABILITY TO YOU SHALL NOT EXCEED $500 IN ANY CASE, WHETHER SOUNDING IN TORT, CONTRACT, OR ANY OTHER THEORY. YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST WR ARISING OUT OF THE USE OF THE SITE OR ARISING UNDER THIS AGREEMENT.
WR SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS Site. The terms of this section survive termination of this Agreement.
Any term of this Agreement that expressly indicates that it will survive the termination of the Agreement, or that by its nature implies that it is intended to or reasonably should survive this Agreement, shall survive the termination of this Agreement by either party.
WR’s principal office is in the State of Texas and the Site is controlled by WR from its offices within the State of Texas, United States of America. The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing the Site both You and WR agree that the statutes and laws of the State of Texas, without regard to conflicts of law principles thereof, will apply to all matters relating to use of this Site, Content, the WR Service, or this Agreement (whether grounded in tort, contract, or any other theory in law or equity). An exception is that WR has the option to elect to proceed in whole or in part against You in any court of competent jurisdiction in the state in which You are located if WR decides that doing so will be a more expedient way to resolve a dispute. WR proceeding in part in a court in Your state does not waive the venue and jurisdictional agreements herein concerning other parts of the dispute or other disputes.
Your actual or threatened breach of any term of this Agreement will cause WR immediate, great, and irreparable injury without adequate remedy at law. You expressly agree that a prima facie or presumptive initial showing of an actual or threatened breach of this Agreement by You entitles WR, in addition to WR’s other remedies and without waiving any of WR’s rights and without a showing of actual damages, to a temporary or preliminary injunction restraining the violation upon posting a $500 bond, and to a permanent injunction upon the actual or threatened breach being ultimately established. This contract is fully performable in Dallas County, Texas. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Dallas County, Texas. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
The terms of this section survive termination of this Agreement.
+ YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS WR FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF WR OR THIS AGREEMENT, OR ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.
The terms of this section survive termination of this Agreement.
Certain provisions of this Agreement may permit or require WR to give notice to You. You will be required to provide a valid and working e-mail address to sign up for the WR Service or to access certain portions of the Site. You represent and warrant that this e- mail address is valid and that it is one You check regularly. You hereby designate the email address as the address at which You are to receive any notice permitted or required by this Agreement. If you do not provide a valid e-mail address as described in this paragraph, WR’s duty to provide notice to you, if any, is fulfilled by publishing appropriate notice on the Site. Any such notice will be considered delivered to and received by You immediately upon delivery of an e-mail containing the notice to the email address or publication on the Site, even if You do not receive, check, or read the email or the notice on the Site, the notice is intercepted by a spam filter or other similar program, or WR receives a message indicating that the transmission failed or that the email address is invalid or no longer operational. It is Your responsibility to ensure that You receive notices.
Certain provisions of this Agreement may permit or require You to give notice to WR. Such notices may be provided via e-mail to wordgame@playtowinapps.com except where a specific provision states otherwise, or via regular mail. An e-mail message will be considered delivered only if sent to the address above and only if the subject line contains the text “[WR LEGAL]” exactly as shown within the foregoing quote marks. A regular mail message will be considered delivered when actually received at the following address:
PlayToWin Mobile LLC
Attn: DMCA
13760 Noel Rd. Ste 855
Dallas, TX 75240
This Agreement is effective when accepted by and only upon the acceptance of WR. WR manifests its acceptance by providing You with a user account or by continuing to provide You with the Site or Service.