Last modified: March 22, 2021
Certain Services may require or permit you to create an account or otherwise register with the Services (“Account”). In order to create an Account, you will be asked to provide certain registration details and required to select a username, password and/or other credentials to access your Account (“Account Credentials”). You acknowledge and agree to provide true, accurate, current and complete information during the registration process for any Account, and to keep such information current by notifying us of any changers or through updates to your Account.
You may not impersonate any person or entity or misrepresent your identity when creating an Account or accessing the Services. You agree that you will not give your Account Credentials to anyone else or allow anyone else to use your Account Credentials or Account. You are solely responsible for maintaining the confidentiality of your Account Credentials, and you are fully responsible and liable for all uses of your Account and Account Credentials, including purchases made through your Account. WIMO may assume that anyone logging into your Account using your Account Credentials is either you or someone logging in with your permission. If you disclose your Account Credentials to any other person, you do so at your own risk.
You agree that you will notify WIMO immediately if you believe that a third party has obtained your Account Credentials, or if you believe that any unauthorized access or use may occur or has occurred using your Account or Account Credentials. For your protection, if WIMO believes that any unauthorized access may occur or has occurred, WIMO may terminate such access without prior notice to you.
YOU UNDERSTAND AND AGREE THAT YOU DO NOT OWN THE ACCOUNT YOU USE TO ACCESS THE SERVICES, AND YOU DO NOT OWN AND HAVE NO OWNERSHIP INTEREST IN ANY DATA, VIRTUAL ITEMS, OR VIRTUAL CURRENCY ASSOCIATED WITH THE ACCOUNT OR STORED ON WIMO’S SERVERS RELATED TO THE ACCOUNT. You acknowledge and agree that any virtual items or currency in the Services (“Virtual Items”) are virtual only, with no cash value in the “real world” or online outside of the Services. Your Account is nontransferable and you do not have any right to sell or otherwise transfer your Account or any Virtual Items associated with your Account, except where expressly authorized in the Services, as applicable.
WIMO reserves the right to delete your Account if WIMO observes no activity by you in relation to the Account for 180 days or more. In such event, you may no longer be able to access and/or use any Virtual Items associated with the Account and no refund will be offered to you.
All information provided by you to create your Account is governed by our Privacy Statement at https://wimogames.com/privacy-policy, and you consent to all actions we take with respect to your Account information consistent with such Privacy Statement.
You may not download, copy, print, display, perform, reproduce, publish, modify, prepare derivative works from, license, transmit, or distribute the Services (including the Content and the design, selection and arrangement thereof), in whole or in part, for any public or commercial purpose without prior written consent from WIMO.
You acknowledge and agree that WIMO is authorized, but not required, to act on payment instructions received from you or anyone using your Account. You authorize WIMO to initiate payments from or debits against your financial account(s) periodically for the amount then due, and to initiate any other payments or debits authorized by you or anyone using your Account.
This authorization will remain in force until thirty (30) days after you change your payment preferences. All payments must be made in U.S. dollars. You acknowledge and agree that WIMO may share your information, including information about your financial accounts, with our Payment Partners for this purpose. You should be aware that online payment transactions may be subject to validation checks by our Payment Partners and your card issuer or financial institution, and we are not responsible if your card issuer or financial institution declines to authorize payment for any reason. For your protection, our Payment Partners use various fraud prevention protocols and industry standard verification systems to reduce fraud and you authorize applicable Payment Partners to verify and authenticate your payment information. Please note, it is possible that your card issuer or financial institution may charge you an online handling fee or processing fee. WIMO is not responsible for any such fee.
You understand and agree that no transaction is final until you receive a confirmation from WIMO. Please print and save the confirmation provided to you after making a purchase.
With respect to Applications obtained and downloaded from an Application Marketplace Provider, all purchases and payments will be processed by and through the Application Marketplace Provider (e.g., Google Play or iTunes app store) from which you originally downloaded the Application. Any purchases made in connection with such Applications are also subject to the applicable Application Marketplace Provider’s purchase terms and conditions which are available directly from the applicable Application Marketplace Provider. If you have any payment-related issues with purchases made through Application Marketplace Providers, then you need to contact the applicable Application Marketplace Provider directly.
WIMO may license to you certain Virtual Items to be used within the Services and which you may purchase with “real world” money or which you may earn or redeem via gameplay. Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, revocable basis and are intended solely for non-commercial use. WIMO may manage, control, modify or eliminate Virtual Items at any time, with or without notice. Price and availability of Virtual Items are subject to change without notice.
The transfer of Virtual Items is prohibited except where expressly authorized in the Services, as applicable.
Virtual Items do not have an equivalent value in real world money and are not a substitute for real world money. Neither WIMO nor any other person or entity has any obligation to exchange Virtual Items for anything of value. WIMO is not liable for hacking or loss of your Virtual Items.
If you ask for your personal data to be deleted as described in WIMO’s Privacy Statement, you will permanently forfeit all of your Virtual Items without the right to refund, as WIMO will no longer be able associate such Virtual Items with you.
WIMO may from time to time, in our sole discretion, develop and provide Service updates or other maintenance and support services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain Service features and functionality. You agree that WIMO has no obligation to provide any Updates or to continue to provide or enable any particular Service features or functionality. Based on your device settings, when your device is connected to the internet, either the Application will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates.
To the extent WIMO chooses in our sole discretion to provide any Updates with respect to the Services, WIMO will be solely responsible for providing such Updates. You acknowledge and agree that the applicable Application Marketplace Providers have no obligation whatsoever to furnish any Updates or other maintenance or support services with respect to the Services.
In addition to any Updates we may provide, WIMO reserves the right to withdraw any Service in its entirety in our sole discretion without notice. You agree that WIMO and the applicable Application Marketplace Providers will not be liable if for any reason all or any part of the Services are terminated or unavailable at any time or for any period. In the event that we terminate any Service, you agree that WIMO in its sole discretion can delete any information associated with your Account or maintain any information associated with your Account for use with other Services.
Services may include links to third-party services (including, but not limited to, advertisements displayed by third parties) and/or the third-party services may be made available to you via the Services. These services may include, but are not limited to gameplay recording and sharing, social media connectivity, and advertisements. These services are subject to respective third party terms and conditions. Please read these third-party terms and conditions, carefully as they constitute an agreement between you and the relevant third-party service provider to which WIMO is not a party.
Information and data we collect through or in connection with the Services is further described in and subject to our Privacy Statement at https://wimogames.com/privacy-policy.
“Speech Data” means the audio files, associated transcripts, and log files provided by you or generated in connection with the Services. WIMO and/or our licensors may collect and use Speech Data to tune, enhance, and improve the speech recognition and other components of Services. You acknowledge, consent, and agree that WIMO and our licensors may record and collect Speech Data as part of your use of the Services and that such information will only be used by WIMO and our licensors, or Third Party Partners acting under the direction of WIMO and our licensors pursuant to confidentiality agreements, to provide, tune, enhance, and improve the speech recognition and other components of the Services and other products and services owned, licensed or developed by WIMO and our licensors.
Any User Contribution that you Post will be considered non-confidential and non-proprietary, and you grant WIMO a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
Services transmit data via your wireless carrier or an accessible Wi-Fi network. You are solely responsible for any and all telecommunications, data, or other connectivity charges incurred through your use of the Services. WIMO is not responsible or liable for any data charges associated with the use of the Services. The Services may occasionally be restricted, interrupted or discontinued due to conditions including, but not limited to, application design, network coverage, government regulation, or other situations beyond WIMO’s control.
You agree to be bound by any affirmance, assent, or agreement you enter into using the Services. YOU AGREE AND CONSENT TO USE ELECTRONIC SIGNATURES WHICH SHALL HAVE THE SAME FORCE AND EFFECT AS YOUR WRITTEN SIGNATURE. Electronic signatures may take various forms on the Services, including clicking on an “I agree,” “I consent,” or other similarly worded “button” or entry field in the Services. Your consent for WIMO and our Third Party Partners to use your electronic signature for all WIMO Services you may purchase or use in the future.
With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at the email address provided under the Contact Us section below.
The Services may allow access to or make available opportunities for you to view certain content and receive other products, services or other materials based on your location. To make these opportunities available to you, the Services will determine your location using one or more reference points, such as GPS, Bluetooth and/or software within your device. If you have set your device to disable GPS, Bluetooth or other location determining software or do not authorize the Services to access your location data, you will not be able to access such location-specific content, products, services and materials. For more about how the Services use and retain your information, please read our Privacy Statement at https://wimogames.com/privacy-policy.
THE SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WIMO, ON OUR OWN BEHALF AND ON BEHALF OF OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND THIRD PARTY PARTNERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WIMO AND OUR AFFILIATES AND OUR AND THEIR RESPECTIVE LICENSORS AND THIRD PARTY PARTNERS AND SERVICE PROVIDERS PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKE NO REPRESENTATION OF ANY KIND THAT THE SERVICES AND CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WIMO NOR OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR THIRD PARTY PARTNERS OR SERVICE PROVIDERS, WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SERVICES OR CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SERVICES OR CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SERVICES.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICES AND CONTENT. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SERVICES AND CONTENT WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
The Rules will govern payment of all arbitration fees. WIMO will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. WIMO will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Either you or WIMO may assert claims, if they qualify, in small claims court in Collin County, Texas, or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.
YOU AND WIMO WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and WIMO are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and WIMO over whether to vacate or enforce an arbitration award, YOU AND WIMO WAIVE ALL RIGHTS TO A JURY TRIAL, AND ELECT INSTEAD TO HAVE THE DISPUTE BE RESOLVED BY A JUDGE.
ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE PLAYER OR SERVICE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER PLAYER OR USERS. If however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor WIMO is entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (g) below.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with WIMO.
The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You 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 Services available outside the U.S.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
Wimo Games, Inc.
3005 S. Lamar Blvd D109
Austin, TX 78704