WinJoy Interactive LLC Terms of Service Agreement
The Terms of Service ("Terms") you are reading are a legally binding agreement that governs the relationship between WinJoy Interactive LLC, as defined below and yourself ("you") and your use of WinJoy Interactive LLC's products, skill-based games, and related services accessible via mobile devices and the web (the "Service").
Please review the Terms carefully. They include a provision waiving the right to pursue any class, group or representative claim and requiring you to pursue certain disputes through individual arbitration unless you opt-out within the specified time frame.
By accessing or using WinJoy Interactive LLC's services and accepting these terms, you agree that you have read, understood and agree to be bound by these terms. If you do not agree to these terms, do not use the service. The Service offers skill-based games in which the outcome of each game is determined predominantly by the relative skill of the participants—including their hand-eye coordination, mental acuity, logic, strategic decision-making, and physical dexterity—rather than by chance. In certain games, eligible users may pay an entry fee for the opportunity to win cash or other prizes awarded to the participant(s) who demonstrate superior skill (for example, by achieving the highest score) under identical rules and conditions. The Service does not constitute gambling, does not offer games of chance, and does not involve any bet or wager on the outcome of a contest of others, a sporting event, or any event subject to chance; an entry fee is consideration solely for a user’s own participation in a game of skill. Real-money play is offered only to eligible users located in jurisdictions where such play is permitted, as further described in Section 1 (Eligibility; Real-Money Play; Geographic Restrictions).
In these Terms, "WinJoy Interactive LLC" refers to WinJoy Interactive LLC and its affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to WinJoy Interactive LLC as "we" or "us".
Eligibility. You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if higher, to access or use the Service, and at least eighteen (18) years of age to participate in any real-money game or to make or receive any payment. By accessing or using the Service, you represent and warrant that you meet these requirements, that all information you provide is true, accurate, and complete, and that you are not prohibited from using the Service under any applicable law.
Real-Money Play; Permitted Jurisdictions. Real-money games are offered only to eligible users who are physically located in jurisdictions where WinJoy Interactive LLC makes such games available and where such play is permitted by applicable law. Real-money play is not available, and you may not participate in any real-money game while located, in the following jurisdictions: Arkansas, Connecticut, Delaware, Louisiana, Michigan, Montana, South Carolina, South Dakota, and the District of Columbia, together with any other jurisdiction that WinJoy Interactive LLC designates from time to time (collectively, the “Excluded Jurisdictions”). WinJoy Interactive LLC may add to or modify the Excluded Jurisdictions at any time.
Location and Eligibility Verification. WinJoy Interactive LLC may use geolocation, IP address, device data, and other technologies to verify your location and eligibility. You agree not to disguise, anonymize, manipulate, or misrepresent your location, including through use of a VPN, proxy, or similar technology. WinJoy Interactive LLC may deny, suspend, void, or reverse any real-money entry, play, or prize where it determines that you are located in, or have entered from, an Excluded Jurisdiction or are otherwise ineligible.
Void Where Prohibited. The availability of the Service in any jurisdiction is not an offer or solicitation where prohibited by law. You are responsible for determining whether your access to and use of the Service is lawful in your jurisdiction and for complying with all applicable laws.
WinJoy Interactive LLC continuously updates, changes, and develops Services at its own discretion. User can therefore only participate or use Services in its respective form provided at any given time by WinJoy Interactive LLC. WinJoy Interactive LLC retains the right to cease the Services at any time without providing any ground for it.
User is liable for ensuring that their own software and hardware is suitable and up to date.
In addition to these Terms of Services, any existing rules of the Services shall also apply.
In a case that User does not agree to these Terms of Services or any future updated version of them then User is obliged to cease to access and/or use any of Services. If any future update to these terms requires any action from User in order to comply with updates, the access to the Services shall be suspended until such action is done.
The Services are available for use only by authorized users in accordance with the terms and conditions set forth in this Agreement. WinJoy Interactive LLC grants limitations provided herein to access and use the Services using a personal computer for the Service or a mobile device if applicable. Services offered by WinJoy Interactive LLC are intended for personal, non-commercial entertainment and skill-based competition. The use of the Services for business or commercial purposes is strictly prohibited. User shall not sell, copy, exchange, transfer, publish, assign, make available to public, copy or otherwise distribute anything that User obtains or derives from the Service.
User must comply with the laws to be applied in the location where the Services are accessed. If any laws applicable to User restrict or prohibit User from using the Services, User must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
User undertakes that all the information provided to WinJoy Interactive LLC while accessing and/or using the Services shall remain true, accurate and complete at all times.
User is responsible for the internet connection and/or mobile charges that it may incur for accessing and/or using the Services.
There may be times when Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
User agrees and acknowledges that under no circumstances will it:
In order to use the Services User is obliged to create an account ("Account"). The log in detail such as password and usernames shall be under the control of User.
User agrees that it shall not give log in details to anyone else or allow anyone else to use log in details or account and that it shall not provide access to any other third party to use its Account.
WinJoy Interactive LLC assumes that anyone logging into the Account using log in detail is User. If User fails to keep the login details secretly, or if it shares login details or account with someone else (whether intentionally or unintentionally), User accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate WinJoy Interactive LLC for any losses or harm that may result.
In case of an unauthorized access to the log in detail or the Account or any suspicion related thereto the User shall promptly notify WinJoy Interactive LLC. In this case or in the event that WinJoy Interactive LLC has concrete evidence of data misuse, WinJoy Interactive LLC has the right to temporarily block access to the Account.
WinJoy Interactive LLC will not be liable to User for any loss that User suffers as a result of an unauthorized person accessing the Account whether fraudulently or otherwise.
User acknowledges and agrees that no ownership or other property interest in any Account that it creates using any of the Services are granted to User.
User shall not create an Account or access the Services if User is under the age of 18 (or the age of majority in the User’s jurisdiction, if higher). WinJoy Interactive LLC does not accept any responsibility for any unauthorized use of the Services by minors and any use of the credit card or other payment instrument by minors.
Identity, Age, and Location Verification. WinJoy Interactive LLC may, at any time, require you to verify your identity, age, and location as a condition of accessing the Service, participating in real-money play, making a deposit, requesting a withdrawal, or receiving a prize. You agree to provide accurate information and documentation upon request, and you acknowledge that WinJoy Interactive LLC may suspend or restrict your Account, or void any entry or prize, if such verification is not satisfactorily completed.
WinJoy Interactive LLC is entitled to suspend, terminate, modify, or delete any of these Accounts upon its sole discretion.
User account is personal. User is not entitled to transfer its Account to any other person.
User shall not:
All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games) are owned solely by WinJoy Interactive LLC and are protected by local and international intellectual property rights. WinJoy Interactive LLC reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its Services.
Notwithstanding any provision to the contrary herein, User also acknowledges and agrees that User has no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from WinJoy Interactive LLC, or any other attributes associated with an Account or stored on the Services.
The Services and WebSite may include contents which may be subject to proprietary rights of other parties. User shall not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any of WinJoy Interactive LLC Websites, Services, or the content or any portion thereof.
User is obliged to abstain from any an act causing the proper functioning of the WebSite, any individual Service and/or offers. User is also required to abstain from any measure which may allow unauthorized access to data.
User disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by WinJoy Interactive LLC "AS IS," without warranty of any kind, either expressed or implied.
"User Content" means any communications, images and sounds and all the material, data and information that User uploads or transmits through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. User hereby grants to WinJoy Interactive LLC and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to User.
User agrees not to upload, communicate, transmit or otherwise make available any User Content:
By accepting the Terms of Services, User hereby provides its irrevocable consent to monitoring and recording by WinJoy Interactive LLC. User shall not refrain from such audit by claiming the privacy.
The Services may procure communication facilities such as forums, information groups, chats, blogs, fun pages, or other types of online discussion areas (collectively known as "Forums") Services which User may post information. The information to be posted is not subject to the prior control of WinJoy Interactive LLC.
User takes full responsibility for the content and entries that it posts. User agrees to release WinJoy Interactive LLC from any legitimate claims from third parties arising from a culpable violation of the User's obligations. However, User shall grant WinJoy Interactive LLC the permanent, irrevocable, non-exclusive right to use the content and contributions posted by itself.
User undertakes not to:
WinJoy Interactive LLC also has the right to exclude the User violating these Terms of Services from all and any kind of Services that WinJoy Interactive LLC is providing or will be providing.
Within certain Services, WinJoy Interactive LLC may offer the User the possibility of ordering certain subscriptions, in-game to be purchased with "real world" money a limited, non-transferable, non-sub-licensable, revocable license to use virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which ("Virtual Items"), or other goods and services once added to User Account, to be used to maximize the experience within Services. User will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Services or any additional term and services to be published by WinJoy Interactive LLC and will apply and shall be integrated to these Terms of Services.
For certain skill-based games, eligible users may pay an entry fee in consideration for their own participation in a game of skill. An entry fee is not a bet or wager and is not staked on the outcome of a contest of others or any event subject to chance. Prizes, including cash prizes where offered, are awarded to the participant(s) who demonstrate superior skill under the applicable game rules. The specific entry fee, prize structure, and rules for each game will be disclosed to you before you enter. Deposits, withdrawals, prize payouts, refunds, taxes, and identity verification applicable to real-money play are addressed in Section 14 (Prizes, Payouts and Identity Verification).
User will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available for such Services.
Except when explicitly authorized by WinJoy Interactive LLC,
User agrees that it will not assert or bring any claim against WinJoy Interactive LLC, its affiliates, directors, officers, employees, agents or licensors relating to, (i) a claim regarding any Virtual Items that User owns; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of its Account or modification, termination or expiration of these terms.
User agrees that all sales performed by WinJoy Interactive LLC are final, WinJoy Interactive LLC is not under the obligation to refund any transaction any cost taxes expenses related thereto once it has been made. Additionally, except as required by applicable law or as expressly provided in Section 14 (Prizes, Payouts and Identity Verification), User is not entitled to claim any right, compensation, damage, or refund for Virtual Items. Nothing in these Terms limits any non-waivable consumer-protection right, or any right to a prize duly won in a real-money game of skill.
WinJoy Interactive LLC is not liable for damages resulting from a User's breach of its obligations and liabilities.
Regardless of any additional legal or contractual rights, it is at the reasonable discretion of WinJoy Interactive LLC to take the following actions against any User violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by WinJoy Interactive LLC;
WinJoy Interactive LLC shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of WinJoy Interactive LLC's information) regardless of whether WinJoy Interactive LLC has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will WinJoy Interactive LLC's aggregate liability under this Agreement exceed the fees paid to WinJoy Interactive LLC by User. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.
User will indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against WinJoy Interactive LLC, which alleges that the use of the Services by User violates any applicable law, or violates, infringes upon or misappropriates any intellectual property right, publicity/privacy rights or that the any act of the User violates any law or other right of a third party.
The Services and documentation are provided "as is" and "as available". WinJoy Interactive LLC makes no warranties or representations relating to the Services, express or implied, statutory, or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. WinJoy Interactive LLC does not warrant that the Services will satisfy User's requirements and that the Services are without defect or error or that operation of the Services or WebSite will be uninterrupted.
WinJoy Interactive LLC makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. WinJoy Interactive LLC makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected. User acknowledges that WinJoy Interactive LLC does not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. WinJoy Interactive LLC is not responsible for any delays, delivery failures, or other damage resulting from such problems.
WinJoy Interactive LLC retains the right to modify these Terms of Services (i) in the event of any amendments made due to legal changes, (ii) in the event of any amendments made due to decisions by the competent legal organs, (iii) because of technical necessity, (iv) in order to maintain company operations, (v) in the event of a change in market conditions. User will be informed of any amendments to this Terms of Services via WinJoy Interactive LLC's website. Alternatively, WinJoy Interactive LLC upon its sole discretion may send User the amended Terms of Services via email. User will be deemed to have accepted such changes by continuing to use any of the Services. If at any point User does not agree to any portion of the current version of the Terms of Services, then such User is obliged to cease the use of Services.
User shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of WinJoy Interactive LLC.
WinJoy Interactive LLC may link to third party websites or services from the Services. User understands that WinJoy Interactive LLC makes no commitments regarding any content, goods or services provided by such third parties and WinJoy Interactive LLC endorses the same. WinJoy Interactive LLC is also not responsible to User in relation to any losses or harm caused by such third parties. Any charges that User incurs in relation to those third parties are User's responsibility. User understands that when it provides data to such third parties, such transfer is held with their privacy policy (if any) and WinJoy Interactive LLC's own privacy policy does not apply in relation to such data.
No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.
This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby.
If any of the provisions of this Agreement is or becomes invalid, illegal, or unenforceable for any reason, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.
Nothing in this Agreement is intended to be construed so as to constitute User and WinJoy Interactive LLC as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.
WinJoy Interactive LLC may notify User via postings within the games, in the games, via e-mail or any other communication means using contact information provided to WinJoy Interactive LLC. All notices given by User or required from User under these Terms of Services or the Privacy Policy will be made to support@winjoyinteractive.com and will include the full name and a detailed description of reasons for contacting WinJoy Interactive LLC.
Deposits and Withdrawals. Eligible users may be required to fund an account balance to enter certain real-money games. Deposits, withdrawals, and prize payouts are processed through third-party payment processors and the applicable app store platforms and are subject to their terms, processing times, and limits. WinJoy Interactive LLC does not store full payment card or bank account numbers.
Identity Verification (KYC/AML). Before permitting real-money play, processing a withdrawal, or paying a prize, WinJoy Interactive LLC may require you to verify your identity, age, and location, including by providing your legal name, date of birth, residential address, government-issued identification, and taxpayer identification information. WinJoy Interactive LLC may use third-party services to perform these checks and may refuse, suspend, void, or reverse any transaction, entry, or prize, and may suspend or close your Account, if you fail or refuse verification, if verification cannot be completed, or if WinJoy Interactive LLC reasonably suspects fraud, collusion, money laundering, or other prohibited activity. These measures support compliance with applicable anti-money-laundering, anti-fraud, and gaming laws.
Taxes. You are solely responsible for any taxes applicable to prizes you win. Where required by law, WinJoy Interactive LLC will report prize winnings to the applicable tax authorities, may issue tax forms (such as an IRS Form 1099), and may withhold amounts as required by law. You agree to provide accurate taxpayer information upon request.
Prize Forfeiture. Prizes obtained through fraud, collusion, multiple or fake accounts, use of unauthorized software, location manipulation, or any violation of these Terms are void and subject to forfeiture and recovery.
WinJoy Interactive LLC is committed to responsible play. The Service is intended for entertainment, and you should play and spend only within your means. You may request limits on your play or deposits, or request that your Account be suspended or self-excluded, by contacting support@winjoyinteractive.com. WinJoy Interactive LLC may, in its discretion, limit, suspend, or close any Account in the interest of responsible play.
If you or someone you know may have a gambling or gaming problem, confidential help is available. In the United States, you may contact the National Problem Gambling Helpline at 1-800-522-4700 (call or text), available 24 hours a day, 7 days a week.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Informal Resolution. Before initiating arbitration, you agree to first contact WinJoy Interactive LLC at support@winjoyinteractive.com with a written description of the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days.
Agreement to Arbitrate. Except as set forth below, you and WinJoy Interactive LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, rather than in court. The arbitration shall be conducted in the English language, and judgment on the award may be entered in any court of competent jurisdiction. This arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
Class Action Waiver. YOU AND WINJOY INTERACTIVE LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding.
Exceptions. Either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual property or confidential information.
Your Right to Opt Out. You may opt out of this arbitration agreement and class action waiver by sending written notice to support@winjoyinteractive.com within thirty (30) days after you first accept these Terms. Your notice must include your name, the email address associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
Severability of this Section. If the Class Action Waiver is found unenforceable as to a particular claim or request for relief, that claim or request shall be severed and brought in a court of competent jurisdiction, and the remainder of this Section shall remain in effect.
These Terms, and any dispute arising out of or relating to these Terms or the Service, are governed by the laws of the State of [STATE] and applicable United States federal law, without regard to conflict-of-laws principles. Subject to Section 16 (Dispute Resolution; Binding Arbitration), the state and federal courts located in [COUNTY/STATE] shall have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to the personal jurisdiction of those courts. Notices to WinJoy Interactive LLC must be sent to support@winjoyinteractive.com and to [REGISTERED BUSINESS ADDRESS].