Terms of Use

Date Last Modified: October 10, 2016

Thank you for reviewing these Terms and Conditions of Use (the “Terms of Use,” “Terms,” or “Agreement”). WinView (“WinView,” “We,” “Us,” or “Our”) makes the WinView website, September 28, 2016, (“Website”), its mobile application (“App”), and any other services (collectively the “WinView Service”) available for your (“You,” “Your,” “User,” or “Users”) use subject to this Agreement.

This Agreement spells out what Users can expect from WinView and what WinView expects from its Users. The WinView Privacy Policy is an integral part of this Agreement and is expressly incorporated by reference. The WinView Privacy Policy explains how WinView collects and protects information about Users who use the WinView Service and can be viewed at http://www.winviewgames.com/about/privacy-policy/

Please read this Agreement carefully before creating a WinView account (“Account”), downloading the App, using the Website, or participating in any WinView Service. Any questions regarding the Terms or the Privacy Policy should be directed to support@winviewgames.com.

1. ACCEPTANCE OF TERMS

By creating a WinView Account, downloading the App, using the Website, or participating in any WinView Service, including, without limitation, participating in the free-to-play, sports styled predictions contests or tournaments (each a “Contest”), Users: (i) acknowledge that they have read and agree to be bound to and abide by these Terms; (ii) accept and agree to all obligations, rules and scoring systems for each Contest in which they participate; and (iii) represent and warrant that they are authorized and able to accept these Terms. WinView may also issue additional terms, rules and conditions of participation in particular Contests, which are expressly incorporated by reference. Users agree to be subject to them if they participate in such Contests. If a User does not wish to be bound by the Terms, the User must not download, access or use the WinView Service. By declining to accept these Terms, the User will be unable to create an Account or participate in the WinView Service.  

WinView reserves the right to change these Terms at any time without prior notice to Users. If WinView modifies these Terms, WinView will update the “Date Last Modified” and such changes will be effective upon posting. If WinView makes what it determines to be material changes to these Terms, WinView will notify Users by prominently posting a notice on the Website and/or App or by sending a notice to the e-mail addresses on file. Users’ continued use of the WinView Service following such changes constitutes acceptance of such changes. If Users do not agree to the changes, their sole remedy is to cease using the WinView Service. If Users breach any of the Terms, their authorization to use the WinView Service automatically terminates.  

2. SOCIAL NETWORKING DISCLAIMER

The WinView Service may be accessible through or provide links to third-party social networking sites and applications, including, without limitation, Facebook, Twitter, and Instagram. As a condition of participating in the WinView Service, Users acknowledge and agree that such third parties do not sponsor, endorse, administer, and are in no way associated with, the WinView Service. All questions regarding the WinView Service must be directed to WinView. Users further acknowledge and agree that as a condition of participating in the WinView Service, Users shall release Facebook, Inc., Twitter Inc., Instagram, LLC, and any other third-party social networking services accessible through the WinView Service from any and all liability arising out of Users’ participation in such services. The integration of third-party social networking sites and applications is provided solely as a convenience to Users and Users access and use them entirely at their own risk and subject to such third parties’ terms and conditions.

3. ELIGIBILITY

To be eligible to create an Account and become a registered User, You must, at the time of registration: (i) be at least thirteen (13) years of age; (ii) be physically located in a state or country (“Jurisdiction”) in which participation in the Service and the Contests offered thereon is unrestricted by law; and (iii) at all times abide by these Terms. You are subject to the laws of the Jurisdiction in which You reside and/or from which You access the WinView Service. Access to the WinView Service and the Contests offered thereon may not be legal for some or all residents of, or persons present in, certain Jurisdictions. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

WinView makes no representations or warranties, implicit or explicit, as to Your legal right to participate in the WinView Service or that the Contests provided through Our Service are appropriate or available for use in the Jurisdiction in which You are located, nor shall any person affiliated, or claiming affiliation, with WinView have authority to make any such representations or warranties. We do not intend for the WinView Service or any offerings made available thereon to be used by persons present in Jurisdictions in which participation may be prohibited or restricted. You agree that the availability of the WinView Service does not constitute an offer, solicitation or invitation by Us for the use of the WinView Service in any Jurisdiction in which such activities are prohibited or restricted. If You choose to access Our Service, You do so at Your own risk. You hereby agree that We cannot be held liable if laws applicable to You restrict or prohibit Your participation. If You open an Account and/or participate in the Contests made available in the WinView Service while located in a Jurisdiction that prohibits such activities, You will be in violation of the law of such Jurisdiction and these Terms, and subject to having Your Account suspended or terminated.

Employees, officers, directors, investors, agents, and representatives of WinView or any of its parents, subsidiaries or affiliates, and each of their respective immediate family (defined as parents, spouse and children) and any person residing in the same household as such are NOT eligible to win prizes. Such persons may, however, use the WinView Service, and will from time to time do so for the purpose of testing the Website and/or App, evaluating user experience and Contests, socializing and competing with customers to build community, and other reasonable and fair uses at the sole discretion of WinView. If such persons are deemed to be winners, any prizes won will be forfeited and awarded to the next highest scoring participant that is eligible to win a prize. WinView consultants or promoters of the WinView Service may play in the Contests without such limitation, but only if (i) their arrangement with WinView does not permit them to have any access to non-public WinView Service data or any other data not made available to all Users on the WinView Service that may impact contest outcome and (ii) they do not receive any other unfair advantages in their play in the Contest. WINVIEW RESERVES THE RIGHT TO DENY ACCESS TO THE WINVIEW SERVICE TO ANYONE AT OUR SOLE DISCRETION.

By accessing or using the WinView Service, You represent and warrant that You are at least thirteen (13) years of age, have the right, authority and capacity to enter into this Agreement, to abide by all of these Terms, and that You are not prohibited from accessing and using the WinView Service. If You are between the ages of thirteen (13) and eighteen (18), you declare that your legal guardian has reviewed and agrees to these Terms. If You do not meet the eligibility requirements of this section, then You are not authorized to use the WinView Service. WinView reserves the right to verify Your age, identity and eligibility at any time. This includes requesting that You fill out an affidavit of eligibility. Any failure to cooperate with WinView in this respect may result in the suspension and/or termination of Your Account. To the extent WinView requests that You fill out such an affidavit and You fail to do so within seven (7) days, or WinView otherwise determines that You do not meet the eligibility requirements of this section, in addition to any rights that WinView may have in law or equity, WinView reserves the right to terminate Your Account and withhold or revoke the awarding of any prizes associated with such Account. In such a situation, WinView will pay out any withheld or revoked prizes to the other entrants in the relevant Contest in a manner consistent with the prize structure of the Contest, to be precisely determined by WinView in its sole discretion.

4. USER ACCOUNTS

4.1 Registration Information

To create an Account, go to the Website or download the App and complete the registration form or register through a third-party social network, such as Facebook® (collectively, “SNS”). To create an Account, You will be required to (i) submit Your age, and (ii) select a unique username and a password (collectively, the “Identifiers”). The username must not be offensive, be selected to deceive or misinform other Users, and may not offend common decency or infringe upon the rights of third parties. If WinView receives information that a username is illegal or in breach of these Terms, the username can be amended by WinView without prior notice. For security reasons, passwords must differ from usernames and may be changed whenever You deem necessary. Passwords should not be sequences of consecutive numbers (i.e., “2345678”) or letters (i.e., “ABCDEFG”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. A User’s password should be kept secret and periodically changed. WinView will not ask You to reveal Your password, or initiate contact with You asking for answers to Your password security questions.

You agree to (i) provide true, accurate, current and complete information about Yourself (the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify Your Registration Data by logging into Your Account and making such changes. For further assistance, please contact customer service at support@winviewgames.com. Any information collected by WinView will be held subject to WinView’s Privacy Policy, available at http://www.winviewgames.com/about/privacy-policy/ and “just-in-time” notices, if any, provided at the point of information collection or use. If You provide any information that is untrue, inaccurate, not current or incomplete, or WinView has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WinView reserves the right to suspend or terminate Your Account immediately and refuse any and all current or future use of the WinView Service (or any portion thereof).  

When You register through Your SNS account, You will be asked to login using Your SNS account credentials. Creating an Account for the first time via a SNS will prompt You to connect Your WinView and SNS accounts. By creating a WinView Account via Your account with an SNS, You are allowing WinView to access Your SNS account information. If You access the WinView Service from an SNS, You shall comply with the terms of service of the SNS as well as these Terms.

4.2 Secrecy Obligation

You agree to keep Your Identifiers secure and confidential. You are solely responsible for all usage or activity on Your Account including, but not limited to, use of the Account by any person who uses Your Identifiers, with or without authorization, or who has access to any computer or device on which Your Account is accessible. In the event that You are concerned that Your Identifiers are no longer secure and confidential, You should immediately notify WinView by sending an e-mail to support@winviewgames.com whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of WinView. Without limiting the foregoing, any transactions made and accepted within the WinView where Your Identifiers have been used (and where You have not previously notified WinView as provided herein) will be treated as valid.

4.3 One Account

Only one (1) Account is allowed per person. In the event that WinView determines that You have registered more than one (1) Account, then You acknowledge and agree that, in addition to any other rights that WinView may have, WinView has the right to suspend or terminate Your Account(s), refuse any and all current or future use of the WinView, and withhold or revoke the awarding of any prizes.

4.4 No Transfer

Your Account is not transferable. Under no circumstances shall You allow or permit any other person or third-party, including, without limitation, any person under the age of thirteen (13), to use or re-use Your Account in such a way that may breach the standards or laws in any Jurisdiction where You are located and/or are a resident, or where such other person is located and/or is a resident. You accept full responsibility for any unauthorized use of the WinView Service and for any use of Your Account by any other person or third-party in connection with Your Account. Any person found to have violated this section may be reported to the relevant authorities and will forfeit all rewards in their Account. WinView will not be liable for any loss that You may incur as a result of someone else using Your Account, either with or without Your knowledge, unless You have previously notified WinView as provided herein that Your Identifiers are no longer secure and confidential. In the absence of prior notification to WinView that Your Identifiers are no longer secure and confidential, You will be liable for losses incurred due to someone else using Your Account.

4.5 Equipment Obligation

You must provide all equipment and software necessary to connect to the Website and/or App, including, but not limited to, a computer or Mobile Device (defined below) that is suitable to connect with and use the Website and/or App. You are responsible for any fees, including, but not limited to, Internet connection or data usage fees that You incur when accessing the Website and/or App.

4.6 Right To Terminate

Users may cancel their Account and terminate their right to use the WinView Service at any time by following the Account cancellation instructions within the WinView Service or contacting support@winviewgames.com. If Users cancel their Account, WinView reserves the right to collect fees, surcharges, or costs incurred before cancelling the Account. WinView may suspend or terminate Accounts, confiscate any Account balances in accordance with applicable law, refuse any and all current or future use of the WinView Service (and access to all related entitlements), and/or terminate Users’ limited license to the WinView App at any time, without notice, and for any reason, including, without limitation, for violation of this Agreement, illegal or improper use of an Account, or illegal or improper use of the WinView Service. WinView also reserves the right to suspend or terminate Accounts that have been inactive for one hundred eighty (180) days or longer. In the event that a User’s Account is terminated or cancelled, the User will have no further access to their Account or anything associated with it. Users can lose their username and persona in the WinView Service as a result of Account termination or cancellation. If Your Account is suspended or terminated by Us for a violation of the Terms, We reserve the right to determine whether to declare as void any transaction(s) and winnings may be voided. In such an event, We use these funds to defray the costs of administration and enforcement of the Terms. If Your Account is subject to a suspension or termination, You must respect the restrictions and limitations imposed on Your Account as part of the suspension or termination, and You should communicate with WinView regarding restoration of Your Account only via support@winviewgames.com.

5. CONTESTS

5.1 Contests

There are a number of free-to-play Contests made available on the WinView Service in which You make predictions on a variety of sports, e.g., football, baseball, basketball and hockey, for prizes. http://www.winviewgames.com/about/official-rules/. We reserve the right to modify or cancel contest(s) at any time without notice to You.

Winning a Contest is determined by Your ability to use Your skill and knowledge of relevant professional sports information and the Contest rules to accumulate the most points in the Contest. Contest rules and scoring may differ from contest to contest. Each of Our Contests are governed by specific rules, as may be modified from time to time, which are set forth in the official rules (http://www.winviewgames.com/about/official-rules/) and are incorporated into these Terms by this reference. You have the responsibility to review the rules prior to participating in any Contest, and to review the rules for any changes. You agree to abide by the then-current rules for the Contest(s) in which You participate. Your failure to follow the then-current rules for the Contest(s) in which You participate will result in Your immediate and automatic forfeiture of the Contest(s), and We reserve the right to immediately suspend or terminate Your access to the WinView Service.

5.2 Free-to-Play Contests

All Contests offered on the WinView Service will be completely free-to-play (i.e., no monetary entry fee will be charged). In the event of a dispute regarding the identity of the person submitting an entry into a Contest, the entry will be deemed submitted by the person in whose username the entry was submitted, or if possession of the username itself is contested, the name of the Authorized Account Holder. “Authorized Account Holder” is defined as the natural person who is the age of majority in his or her Jurisdiction of residence and who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address for registration with the WinView Service. By inputting a payment method to participate in real money contests, the Authorized Account Holder hereby affirms that the Authorized Account Holder is the lawful owner of the payment method account used to make any deposit(s). It shall be a violation of these Terms for any Authorized Account Holder to submit payment using any payment method that is not owned by the Authorized Account Holder.

5.3 Cheating

WinView endeavors to host fair Contests and exercises reasonable efforts to create a level playing field and to detect and prevent cheating. Notwithstanding such efforts, there will be Users who attempt to cheat and WinView does not guarantee that all such instances of cheating will be detected or prevented. Users therefore acknowledge and agree to participate in the Contests at their own risk. If WinView suspects that a User is violating these Terms, including, without limitation, committing any of the following actions, WinView reserves the right to terminate the infringing User’s User Account and ban such individual from future participation in the Contests without notice:

  1. Using or attempting to use automated tools, script software, bots, or other unauthorized software, hardware, or modifications to simulate a User or otherwise obtain an advantage over other Users;
  2. Exploiting vulnerabilities or glitches in the Contests;
  3. Directly or indirectly disabling, circumventing, or otherwise interfering with the operation of software designed to detect or prevent cheating; or
  4. Colluding with a User who is using unauthorized software, hardware, or modifications to obtain an advantage over other Users;

The foregoing actions shall constitute a material breach of these Terms for which offending Users will be liable to WinView for any resulting damages. You acknowledge and agree that We shall not be responsible or liable for cheating that is not detected or prevented or for any resulting losses related thereto.

5.4 Results and Winners

The results and winners of each Contest will be determined by Us at Our sole discretion and such determinations are final. Winners will be notified by e-mail or other means of communication available including in-app messages once the final results of a given Contest are determined. Once winners are initially announced by WinView, the scoring results will not be changed in light of official adjustments made by the professional leagues, though We reserve the right to make adjustments based on errors or irregularities in statistical data or scoring by the professional leagues or in Our calculation of results. For example, We may change the official results, stats, etc. of events that have already occurred and have been posted to Your Account (or have affected Your score, progress, status, etc.) at Our sole discretion. We also may make adjustments in the event of noncompliance with the Terms. Any decision by WinView as to the winner(s) of a Contest shall stand as a final and binding decision. WinView has no obligation to delay the awarding of a prize in anticipation of any adjustment, but We reserve the right to reverse prizes in the event of any adjustment. By registering an Account and/or participating in any Contest, You unconditionally agree that WinView shall serve as the sole judge and arbiter as to the determination of a winner(s) in all Contests in the event a dispute arises and agree to cooperate with Our efforts to reverse prizing, as necessary.

5.5 Contest Prizes

Contest prizes may be offered in the form of “real” world items, including, without limitation, cash, gift cards, or physical goods, or Virtual Items (as defined in Section 7) for use only in the Service. See the official rules for each Contest for complete prize details and restrictions.

No substitution or transfer of any prize is permitted except at WinView’s sole discretion. All prizes are awarded AS IS and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by WinView. If any legal authority challenges the award and/or Your receipt of a prize for winning a Contest, We reserve the right to revoke, cancel, suspend, substitute, or modify the award of such prize.

Any prizes that are mistakenly credited as winnings to Your User Account remain Our property and will automatically be deducted from Your User Account upon confirmation of the error. Any winnings mistakenly credited to Your User Account that have been withdrawn by You before confirmation of the error will constitute a debt owed by You to Us in the amount of such wrongfully attributed winnings.

5.6 Affidavit of Eligibility/Taxes

WinView’s prize winning Users may be required via e-mail or U.S. Mail to receive and return an executed affidavit of eligibility, a liability release and, where lawful, a publicity release (collectively, the “Affidavit”) and/or appropriate tax forms within seven (7) days of notification. By participating in the Contest within the Service, You agree to receive via e-mail or U.S. Mail and return an executed Affidavit and/or appropriate tax forms, as applicable, and You agree that if such documents are not returned within the specified time period, or if the prize or prize notification is unclaimed or returned as undeliverable, or if You are not in compliance with these Terms, the prize will be forfeited and may be awarded to another potential winner at Our discretion.

By participating in the Contests within the Service, You agree that all tax liability relating to Your receipt of a prize are the sole responsibility of You. It is the policy of WinView, in compliance with United States Internal Revenue Service (IRS) regulations, to send an IRS Form 1099 or other appropriate form to any person who wins in excess of $600 USD on the Service in any given year. If You have thus won a cumulative net profit of $600 USD or more in a calendar year, You will be contacted by WinView and required to submit Your residential address and tax ID number (social security number). If You have a cumulative net profit of $600 USD or more in a calendar year, You will be prevented from redeeming until this requested information is received by WinView.

By participating in the Contests within the Service, You agree that if You are contacted by WinView, You will immediately provide Your residential address and tax identification number (i.e., social security number) as WinView will need these details in order to file a IRS Form 1099. WinView reserves its right to request any other information from You necessary for WinView to submit a IRS Form 1099 to the IRS. Depending on the Jurisdiction in which You reside, the Service may also send You additional, similar tax forms. However, You remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in Your Jurisdiction of residence. WinView will attempt to contact the prize winning User through e-mail and U.S. Mail to obtain the necessary information. However, if WinView fails to contact the prize winner and obtain the required information after one (1) year, the prize winner forfeits the funds to WinView.

WinView warrants and represents that all personal information, including, but not limited to Your social security number, will be maintained in confidence and used solely for the purposes of submitting the 1099-MISC form to the IRS. Please see WinView’s Privacy Policy (http://www.winviewgames.com/about/privacy-policy/) for more information relating to how Your personal identifiable information will be maintained.

6. REDEMPTION FROM YOUR ACCOUNT

You may request a Redemption from Your available balance in Your Account at any time via PayPal. All redemptions will be denominated in U.S. dollars unless otherwise expressly stated. To redeem You must provide Your first and last name, address, e-mail address and PayPal account information. WinView, at its sole discretion, may request additional information to ascertain the validity of a redemption request and Your identity. Redemption payments will not be made until such information is received; if We have not received the information within ten (10) days, the redemption request will be cancelled and the Account in question may be suspended.

The processing of requested redemptions back to Your PayPal account may take up to five (5) business days; provided, however, WinView reserves the right to freeze Your Account and/or delay a request for redemption pending completion of any investigation of reported or suspected abuse by a User requesting redemption, and/or compliance with all applicable Federal and State laws and regulations including but not limited to the Bank Secrecy Act, the Patriot Act and IRS regulations. If You do not receive Your redemption within five (5) business days, please contact customer support at support@winviewgames.com.

7. IN-GAME VIRTUAL GOODS

The Service may offer virtual items, including, but not limited to, virtual goods and currency (collectively, “Virtual Items”) that may be earned through User action or offered to incentivize play on the Service.  We may charge fees for the right to purchase Virtual Items or may distribute such Virtual Items without charge, which shall be at Our sole discretion.

You agree that We have the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Items as We see fit in Our sole discretion, in any general or specific case, and that We will have no liability to You based on Our exercise of such rights. You agree that You have no right or title in or to any such Virtual Items appearing or originating on the Service. We do not recognize any Virtual Item transfers executed outside of the Service or the purported sale, gift or trade in the “real world” of anything related to the Service. Accordingly, You may not sell Virtual Items for “real world” money or otherwise exchange Virtual Items for value outside of the Service. Any attempt to do so is in violation of these Terms and will result in a ban from the WinView Service and the services offered thereon.

All Virtual Items are forfeited if Your User Account is terminated or cancelled for any reason, in Our sole discretion, or if We discontinue providing the WinView Service or the services offered thereon.

8. LIMITED LICENSE TO THE WINVIEW APP

8.1 License Grant

Subject to the terms and conditions of this Agreement, WinView grants Users a limited, non-exclusive and nontransferable license to (i) download, install and use the WinView App solely in connection with the WinView Service on a mobile device owned or otherwise controlled by Users (“Mobile Device”) strictly in accordance with this Agreement and (ii) access and use the WinView Service made available in or otherwise accessible through the WinView App strictly in accordance with this Agreement.

8.2 License Restrictions

Users acknowledge and agree that they shall not:

      1. Copy the WinView App, except as expressly permitted by this license;
      2. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the WinView App;
      3. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the WinView App or any part thereof;
      4. Remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the WinView App, including any copy thereof;
      5. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the WinView App or any features or functionality of the WinView App, to any third-party for any reason, including by making the WinView App available on a network where it is capable of being accessed by more than one (1) Mobile Device at any time;
      6. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the WinView App; or
      7. Use the WinView App in a manner prohibited by applicable laws or regulations, including, without limitation, in connection with any form of unlawful gambling.

8.3 Reservation of Rights

Users further acknowledge and agree that the WinView App is provided under license, and not sold, to Users. Users do not acquire any ownership interest in the WinView App under this Agreement, or any other rights thereto other than to use the WinView App in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. WinView and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the WinView App, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to Users in this Agreement.

8.4 Export Regulation

The WinView App may be subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations. Users shall not, directly or indirectly, export, re-export or release the WinView App to, or make the WinView App accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. Users shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the WinView App available outside of the United States.

8.5 Apple Disclaimers

Users acknowledge and agree that this Agreement is solely between Users and WinView only, and not with Apple Inc. (“Apple”). Users further acknowledge and agree that:

  • Apple and its subsidiaries are third-party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third-party beneficiary thereof.
  • Apple has no responsibility for the iOS WinView App or any included content.
  • In the event of any failure of the iOS WinView App to conform to any applicable warranty, Users may notify Apple, and Apple will refund the purchase price for the iOS WinView App to Users (if any). To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS WinView App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  • Apple is not responsible for addressing any of Your claims or those of any third-party relating to the iOS WinView App or Your possession and/or use of the iOS WinView App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the iOS WinView App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the iOS WinView App or Your possession and use of the iOS WinView App infringes that third-party’s intellectual property rights, Apple will not have any responsibility for the investigation, defense, settlement and discharge of such claim.

8.6 Google Disclaimers

Users acknowledge and agree that this Agreement is solely between Users and WinView only, and not with Google, Inc. (“Google”). Users further acknowledge and agree that:

  • Google and its subsidiaries are third-party beneficiaries under this Agreement and that, upon Your acceptance of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions of this Agreement against Users as a third-party beneficiary thereof.
  • Google has no responsibility for the WinView App or any included content.
  • In the event of any failure of the Android WinView App to conform to any applicable warranty, Users may notify Google, and Google will refund the purchase price for the Android WinView App to Users (if any). To the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the Android WinView App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty.
  • Google is not responsible for addressing any of Your claims or those of any third-party relating to the Android WinView App or Your possession and/or use of the Android WinView App, including, without limitation: (i) maintenance and support; (ii) product liability claims; (iii) any claim that the WinView App failed to conform to any applicable legal or regulatory requirement; and (iv) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the Android WinView App or Your possession and use of the Android WinView App infringes that third-party’s intellectual property rights, Google will not have any responsibility for the investigation, defense, settlement and discharge of such claim.
      1. Your use of Android WinView App must comply with Google’s then-current Android Market Terms of Service.

9. OTHER INTELLECTUAL PROPERTY RIGHTS

9.1 Copyright Information and Personal & Non-Commercial Use Limitation

Content within the WinView Service, including, without limitation, any technology, software products, accounts, names, logos, graphics, music, and virtual goods are owned and/or licensed by WinView and are protected by international copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. WinView does not claim ownership of intellectual property owned by third parties.

Except as expressly permitted by this Agreement, Users must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material available through the WinView Service. In addition, Users must not:

      1. Modify copies of any materials available through the WinView Service;
      2. Reprint or electronically reproduce any content available through the WinView Service, in whole or in part;
      3. Provide copyrighted or other proprietary content to WinView or make such content available through the WinView Service without permission from the owner of such material or rights;
      4. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials available through the WinView Service; or
      5. Access or use for any commercial purposes any part of or materials available through the WinView Service.

Printing, copying, modifying, downloading, or otherwise using or providing any other person with access to any part of the WinView Service in breach of this Agreement may result in the termination of a User’s Account, prohibition from using the WinView Service, and/or legal action. Content owners may take criminal or civil action against Users for unauthorized use of intellectual property. Users agree to indemnify and hold WinView harmless from any unauthorized or illegal conduct by Users or through the use of a User’s Account, via the WinView Service.

9.2 Notice and Procedure for Making Claims under the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If an individual believes that their copyrighted work has been copied without their authorization and is available within the WinView Service in a way that may constitute copyright infringement, he/she may provide notice of their claim to WinView’s designated agent listed below. For notice to be effective, it must include the following information:

      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
      2. A description of the copyrighted work that You claim has been infringed;
      3. A description of where the allegedly infringing material is located within the WinView Service;
      4. Information reasonably sufficient to permit WinView to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
      5. A statement that You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


WinView’s Designated Agent is:
Name: David Lockton
Address:50 Woodside Plaza
Suite 208
Redwood City, CA 94061
E-mail: info@winview.tv
Phone: (650) 587-5801

WinView’s designated agent should be contacted only if an individual believes that their work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring within the WinView Service. All other inquiries to WinView’s designated agent will not be answered.

9.3 Trademarks

WinView owns or is in the process of registering trademarks for its many goods and services, including, without limitation, “WINVIEW”, “WINVIEW GAMES”, “WINVIEW GAMES and Design”, “WV and Design”, “DON’T JUST WATCH TV, PLAY TV”, “SQUARE DEAL” and the associated graphics, logos and service marks and may not be used without prior written consent of WinView. All other trademarks, product names, and company names and logos appearing within the WinView Service are the property of their respective owners.

9.4 Rights of Publicity

By participating in the WinView Service, You agree to the use by WinView of Your username, photograph(s), likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes of the WinView Service, including, without limitation, the WinView Contests, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without compensation, review or approval rights, notification or permission, except where prohibited by law. WinView reserves the right to make public statements about the entrants and winner(s), on the Internet, in promotional materials or otherwise, prior to, during, or following a Contest. You agree that We may announce any winner’s name on the WinView Service at any time in connection with the marketing and promotion of WinView.

9.5 Ideas and Inventions

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to WinView in connection with Your use of the WinView Service shall be the exclusive property of WinView. You agree that unless otherwise prohibited by law WinView may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.

10. INTERACTIVE SERVICES AND USER CONTENT

10.1 Interactive Services

The WinView Service may contain message boards, chat rooms, profiles, forums, bulletin boards, and other interactive features that allow Users to post, submit, publish, display, or transmit to others content or materials (collectively, “User Content”). All User Content must comply with the Content Standards set out in Section 10.3 of this Agreement.  Users understand and acknowledge that by using the WinView Service, Users may be exposed to User Content that Users may consider to be objectionable and/or inaccurate and that their use of the WinView Service constitutes their acceptance of such risk.

Any User Content Users post on or through the WinView Service will be considered non-confidential and non-proprietary. By posting any User Content on or through the WinView Service, Users grant WinView and its respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, sell, exploit, and otherwise disclose to third parties any such material for any purpose, without restriction, and without compensation to Users. Users represent and warrant that: (i) Users own or control all rights in and to their User Content; (ii) Users have the right to grant the license granted above to WinView and its respective licensees, successors and assigns; and (iii) all of their User Content does and will comply with this Agreement.

Users understand and acknowledge that Users are responsible for any User Content they submit or contribute, and Users, not WinView, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. User Content becomes public information, can be collected and used by others, and may result in the receipt of unsolicited messages from third parties. WinView discourages Users from posting any personal information that can be used to identify or locate Users, such as User addresses, e-mail addresses, or phone numbers. IF A USER CHOOSES TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON OR THROUGH THE WINVIEW SERVICE, SUCH USER DOES SO AT HIS/HER OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WINVIEW IS NOT RESPONSIBLE OR LIABLE TO ANY PERSON OR THIRD-PARTY FOR THE CONTENT OR ACCURACY OF ANY CONTRIBUTIONS POSTED BY ANY USER OF THE WINVIEW SERVICE.

10.2 Monitoring and Enforcement; Termination

WinView does not undertake a review of material before it is posted on or through the WinView Service, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, WinView assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third-party. WinView has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. WinView does reserve the right, however, at its sole discretion, to take any of the following actions:

      1. Remove or refuse to post any User Content for any or no reason;
      2. Take any action with respect to any User Content that WinView deems necessary or appropriate, including, without limitation, if WinView believes that any User Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of other Users or the public or could create liability for WinView;
      3. Disclose User identity or other information about Users to any third-party who claims that material posted by Users violates their rights, including their intellectual property rights or their right to privacy;
      4. Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the WinView Service.
      5. Terminate or suspend access to all or part of the WinView Service for any or no reason, including, without limitation, any violation of this Agreement.

Without limiting the foregoing, WinView reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or other information of anyone posting any materials on or through the WinView Service. USERS WAIVE AND HOLD HARMLESS WINVIEW AND WINVIEW PROVIDERS (DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10.3 Content Standards

User Content must comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Content must not:

      1. Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
      2. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
      3. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
      4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Agreement;
      5. Be intended or likely to deceive any person;
      6. Advocate, promote, or assist any illegal activity;
      7. Be likely to upset, embarrass, alarm, or annoy any other person;
      8. Impersonate any person, or misrepresent the User’s identity or affiliation with any person or organization;
      9. Involve commercial activities, sales, or advertising; or
      10. Give the impression that it is endorsed by WinView or any other person or entity, if this is not the case.

11. CONDUCT ON SERVICE

Users agree not to use the WinView Service for any unlawful purpose or for any purpose that is prohibited by this Agreement. Users further agree not to:

  • Engage in any illegal activity, including gambling, or the planning of any illegal activity;
  • Post or transmit, or cause to be posted or transmitted, any content that is infringing, libelous, defamatory, abusive, offensive, obscene, pornographic or otherwise violates the law or the rights of WinView, its Users, or any third-party;
  • Threaten, harass, abuse, or otherwise intimidate any User(s);
  • Send or cause to be generated any unwanted e-mail to any User(s);
  • Inflict or cause to be inflicted in any manner whatsoever software viruses or any other code designed to interrupt, destroy, limit, or otherwise affect the functionality of any software or hardware or telecommunications equipment associated directly or indirectly with the WinView Service;
  • Employ any automated means, including, without limitation, bots, scrapers, or spiders to access or participate in the WinView Service for any purpose;
  • Using any artificial means to alter a User’s position in the Contests;
  • Improperly using support or complaint features of the WinView Service or making false reports to WinView;
  • Use the WinView Service for any purpose other than that which is authorized in this Agreement or in a manner that violates any laws including intellectual property laws;
  • Seek to or in any way assist others in obtaining Account, password, or personal information from any User(s);
  • Create a false identity, impersonate another person, or otherwise attempt to mislead any person as to the identity or origin of any communication;
  • Creating more than one (1) Account;
  • Selling or transferring an Account or any attributes related thereto; or
  • Engaging in any other activity deemed by WinView to be in conflict with the spirit or intent of this Agreement.

Any use of the WinView Service in violation of the foregoing constitutes a breach of this Agreement and may result in, among other things, Account suspension and/or termination, prohibition from using the WinView Service, and/or legal action. Users understand that any attempt to deliberately damage the WinView Service or undermine any Contest may also be a violation of criminal and/or civil laws and WinView reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If Users wish to report any abuses, inappropriate online conduct, or a violation of this Agreement, please forward all evidence of the same to support@winviewgames.com. Please report responsibly.

12. LIMITATIONS ON WARRANTY AND LIABILITY

12.1 Disclaimer of Warranties

Users expressly acknowledge and agree that use of the WinView Service is at their sole risk. Users further acknowledge and agree that the WinView Service are provided on an “AS IS” and “as available” basis. Neither WinView nor any of its parents, subsidiaries, affiliates, licensees, licensors, contractors, agents, content providers, vendors, component suppliers (both hardware and software), and/or any third-party who provides products or services purchased from or distributed by WinView as well their respective officers, directors, members, managers, representatives, employees, investors or the like (collectively “WinView Providers”), warrant that services affiliated with WinView, including, but not limited to, the Website, the WinView App, and the contests and services offered thereon, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WINVIEW AND THE WINVIEW PROVIDERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WINVIEW AND THE WINVIEW PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WINVIEW SERVICE, SECURITY OF THE WINVIEW SERVICE, AVAILABILITY OF ANY GOODS, SERVICES OR OFFERINGS OFFERED ON OR THROUGH THE WINVIEW SERVICE, OR THE INFORMATION, CONTENT, SERVICES, MATERIALS OR PRODUCTS, INCLUDED ON OR THROUGH THE WINVIEW SERVICE.

NEITHER WINVIEW NOR ANY WINVIEW PROVIDER MAKES A WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WINVIEW SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, OR SERVICES, PROVIDED ON OR THROUGH THE WINVIEW SERVICE. THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON OR THROUGH THE WINVIEW SERVICE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. NEITHER WINVIEW NOR ANY WINVIEW PROVIDER SHALL BE RESPONSIBLE FOR ANY OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE WINVIEW SERVICE (INCLUDING, WITHOUT LIMITATION, IN ANY INTERACTIVE AREAS OF THE WINVIEW SERVICE) BY ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED WINVIEW REPRESENTATIVE.

12.2 Limitations on Liability

NEITHER WINVIEW NOR THE WINVIEW PROVIDERS GUARANTEE THE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE WINVIEW SERVICE OR ANY ASPECT THEREOF. THE OPERATION OF THE WINVIEW SERVICE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF WINVIEW AND THE WINVIEW PROVIDERS. YOU UNDERSTAND AND AGREE THAT NEITHER WINVIEW NOR THE WINVIEW PROVIDERS SHALL BE LIABLE TO USERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WINVIEW OR THE WINVIEW PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE WINVIEW SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER TRANSMISSIONS OR DATA; (III) OPINIONS, VIEWS, ADVICE, STATEMENTS, OR USER CONTRIBUTIONS POSTED ON OR THROUGH THE WINVIEW SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE WINVIEW SERVICE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND REGARDLESS OF THE FORM OF THE ACTION, WINVIEW’S LIABILITY TO USERS FOR ANY CAUSE WHATSOEVER WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY SUCH USER TO WINVIEW FOR USE OF THE WINVIEW SERVICE DURING THE TERM OF THEIR REGISTRATION, NOT INCLUDING ANY FEES PAID FOR SERVICES AND/OR PRODUCTS RENDERED PRIOR TO THE CIRCUMSTANCES GIVING RISE TO THE CLAIM.

IN THE EVENT THAT A USER RESIDES IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO SUCH USER.

13. SERVICE AND MAINTENANCE

WinView conducts maintenance work on its systems from time to time primarily for the purpose of ensuring security and integrity. A portion, or sometimes all, of the features of the WinView Service will not be available during maintenance periods. If possible, Users will be notified of maintenance periods in advance, however, Users hereby agree that WinView may update the WinView Service with or without notifying Users. WinView also reserves the right to modify or discontinue operation of any aspect of the WinView Service at any time, including, without limitation, the availability of the WinView App, Website, or any features or content thereon, including without limitation the offering of the Contests. WinView may also impose limits on certain features and offerings or restrict access to parts or all of the WinView Service with or without notice to Users and without liability to Users or any third-party. All problems encountered during the use of the WinView Service, including those with regard to User Accounts, etc., can be reported to WinView when the problem is encountered at support@winviewgames.com.

14. THIRD-PARTY ADVERTISERS/MERCHANTS/PAYMENT PROCESSORS

The WinView Service may feature advertisements from WinView as well as Our third-party sponsors. WinView’s disclosure of information for third-party advertising is addressed in the Privacy Policy (http://www.winviewgames.com/about/privacy-policy/).  WinView makes no representation or warranty regarding any content, goods and/or services provided by any third-party even if linked to from the WinView Service, and will not be liable for any claim relating to any third-party content, goods and/or services. WinView is not responsible for their content, business practices, or privacy policies, or for the collection, use, or disclosure of any information those sites and services may collect. Further, the inclusion of any link does not imply endorsement by WinView of such sites or services.  

The WinView Service may also enable You to order and receive products, rewards, information or services from third-party merchants that are not affiliated with or controlled by WinView. All matters concerning such products, information and services are solely between You and such merchants. WinView does not endorse, warrant, or guarantee such products, information, or services, and We are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. WinView will not be a party to and are not responsible for monitoring any transaction between You and such third-party merchants, or for ensuring the confidentiality of Your credit card information. Any charges or obligations You incur in Your dealings with these third-party merchants are Your sole responsibility.

The WinView Service may use third-party electronic payment processors and financial institutions (“Payment Processors”) to process payments. The information that We provide to and receive from these Payment Processors and the manner in which such information is used and disclosed is described in further detail in the WinView Privacy Policy. Users irrevocably authorize Us, as necessary, to instruct such Payment Processors to handle payments and Users irrevocably agree that WinView may give such instructions on a User’s behalf in accordance with User requests as submitted through the WinView Service. Users agree to be bound by the terms and conditions of each applicable Payment Processor, and in the event of a conflict between these Terms and the Payment Processors’ terms and conditions, then these Terms shall prevail. Users agree that WinView is not liable for any loss caused by any unauthorized use of credit cards or other methods of payment by a third-party in connection with a User’s use of the WinView Service, except as a result of the gross negligence of WinView.

15. CALIFORNIA CONSUMER NOTICE

As required by California Code Section 1789.3, this notice is to advise Users that (i) the WinView Service is provided by WinView, 50 Woodside Plaza, Suite 208, Redwood City, CA 94061, Phone: (650) 587-5801, and (ii) a fee may be charged for certain offerings, including, without limitation, in connection with WinView Service. WinView reserves the right to change the amount of any fee or charge and to institute new fees or charges, effective on reasonable notice to Users. If Users have a complaint regarding the WinView Service or desire further information on use of the WinView Service, please contact support@winviewgames.com.

16. BINDING ARBITRATION AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

16.1 Initial Dispute Resolution

Users agree to work with WinView in good faith to resolve any dispute, controversy, disagreement or claim (“Dispute”) arising out of or relating to this Agreement or their use of the WinView Service before escalating the Dispute to binding arbitration or litigation, as addressed below. Users must give WinView an opportunity to resolve the Dispute by sending written notification to support@winviewgames.com with the subject line “DISPUTE” or mailing WinView, Attn: Dispute Resolution, 50 Woodside Plaza, Suite 208, Redwood City, CA 94061. The written notification of Dispute must include: (i) the User’s name and address; (ii) a written description of the Dispute; and (iii) a description of the specific relief the User seeks. The parties agree to use their best efforts to resolve Disputes using this Initial Dispute Resolution process.

16.2 Binding Arbitration

By entering into this agreement, You agree that all Disputes between You and WinView that cannot be resolved through WinView’s Initial Dispute Resolution procedure shall be resolved exclusively and finally by binding arbitration conducted in Santa Clara County, California before a single arbitrator in accordance with the American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and expedited hearing procedures. The laws of the State of California shall be applied in any arbitration proceedings, without regard to principles of conflict of laws. EXCEPT AS OTHERWISE PROVIDED BELOW, NO DISPUTE MAY BE BROUGHT AS A CLASS ACTION AND YOU DO NOT HAVE THE RIGHT TO PARTICIPATE AS A MEMBER OF A CLASS ACTION WITH RESPECT TO ANY DISPUTE.

You further agree that the arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. The arbitrator’s decision shall be final and binding on You and WinView and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs in connection with any arbitration proceedings. The parties shall equally share the fees of the arbitration and the arbitrator. The Commercial Arbitration Rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1 (800) 778-7879.

16.3 Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. USERS AND WINVIEW AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITIES AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

16.4 Exception – Litigation of Intellectual Property and Small Claims Court

Notwithstanding the parties’ decision to resolve all disputes through binding arbitration, either party may bring an action in a state or federal court located in Santa Clara County, California to protect or enforce intellectual property rights. Intellectual property rights include patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights. Either party may also seek relief in a small claims court located in Santa Clara County, California for disputes or claims within the scope of that court’s jurisdiction. The laws of the State of California shall be applied in any litigation proceedings, without regard to principles of conflict of laws. Users further agree to accept service of process by mail.

16.5 30-Day Right to Opt Out

YOU HAVE THE RIGHT TO OPT-OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH ABOVE WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). Users may opt-out of these provisions by mailing written notification to WinView, Attn: Opt Out, 50 Woodside Plaza, Suite 208, Redwood City, CA 94061. The written notification must include (i) the User’s name and address and (ii) a clear statement that the User does not wish to resolve disputes with WinView through binding arbitration. A decision to opt-out of these provisions will have no adverse effect on the User’s relationship with WinView. If Users opt-out of these provisions, WinView also will not be bound by them. ANY OPT-OUT REQUEST RECEIVED AFTER THE OPT-OUT DEADLINE WILL NOT BE VALID AND USERS MUST PURSUE THEIR DISPUTE THROUGH BINDING ARBITRATION OR SMALL CLAIMS COURT.

17. GENERAL PROVISIONS

17.1 Relationship of Parties/No Third-party Beneficiaries

Users agree that no joint venture, partnership, employment, or agency relationship exists between Users and WinView as a result of this Agreement or their use of the WinView Service. Users agree not to hold themselves out as representatives, agents, operators, distributors, or employees of WinView and WinView shall not be liable for any of their representations, acts, or omissions. Users also agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.

17.2 Assignment

WinView may assign its rights and obligations under this Agreement and/or the WinView Privacy Policy, in whole or in part, to any person or entity at any time with or without the Users’ consent. Upon such assignment, WinView may be relieved of any further obligation hereunder. Users may not assign or delegate any rights or obligations under this Agreement or the WinView Privacy Policy without WinView’s prior written consent, and any unauthorized assignment and delegation by Users is void and ineffective.

17.3 Circumvention/Indemnification

Users agree that they shall not circumvent or attempt to circumvent these Terms or the WinView Service or otherwise interrupt or attempt to interrupt the operations of WinView (collectively, a “Circumvention Act”). If WinView determines, at its sole discretion, that Users have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the WinView Service, then, in such an event, WinView reserves the right to institute civil or criminal proceedings against such Users and to report such Users to the relevant regulatory authorities.

Users further agree to indemnify, save, and hold harmless WinView and the WinView Providers from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of their use or misuse of the WinView Service, any violation by Users of this Agreement, or any breach of the representations, warranties, and covenants made by Users herein. WinView reserves the right, at the Users’ expense, to assume the exclusive defense and control of any matter for which the Users are required to indemnify WinView, and Users agree to cooperate with WinView’s defense of these claims. WinView will use reasonable efforts to notify Users of any such claim, action, or proceeding upon becoming aware of it. Users agree that the provisions in this paragraph will survive any termination of their WinView Account or of the WinView Service.

17.4 Force Majeure

WinView shall not be liable for any delay or failure to perform resulting from unforeseen circumstances or causes outside its reasonable control, including, without limitation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

17.5 Waiver/Severability

No failure or forbearance on WinView’s part to exercise its rights or insist upon performance of obligations hereunder is to be construed as a waiver or relinquishment of those or any other rights or obligations in that or any other instance; rather, the same shall remain in full force and effect. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, such provision shall be narrowed in scope or otherwise amended to the extent necessary to make such provision lawful, valid and enforceable while as nearly as possible reflecting the intent of the parties as expressed in this Agreement, or, if such amendment is impossible, severed from this Agreement. No amendment or severing of any provision of this Agreement shall affect the validity or enforceability of any remaining provisions.

17.6 Entire Agreement

These Terms constitute the entire agreement between Users and WinView with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms or the WinView Privacy Policy will be effective only if in writing and signed by WinView.

17.7 Supplemental Policies

WinView may publish additional policies related to specific services such as Contests, tournaments, or promotions. Your right to use such services is subject to those specific policies and these Terms.

17.8 Notices

WinView may notify Users via postings in the WinView Service, via e-mail and/or any other method of communication to the contact information Users provide to Us. All questions, complaints, or claims pertaining to the WinView Service as well as any notices given by Users or required from Users under these Terms or the WinView Privacy Policy shall be in writing and directed to:

Winview Games
Address:50 Woodside Plaza
Suite 208
Redwood City, CA 94061
Phone: (650) 587-5801
E-mail: info@winview.tv

Any notices Users provide that do not comply with this Section 17.8 shall have no legal effect.

18. GOVERNMENTAL COMPLIANCE

WinView’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of WinView’s right to comply with governmental, court, and law enforcement requests or requirements relating to use of the WinView Service or information provided to or gathered by WinView with respect to such use.

THE SECTION TITLES IN THESE TERMS OF USE ARE FOR CONVENIENCE ONLY

AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.

Please visit this page regularly for updates to these Terms of Use.