TERMS OF SERVICE
Effective Date: February 24, 2023
The terms of this agreement ("Terms of Service") govern the relationship between you and
GoGoWin , a Singapore company having its registered office at
9 One Tree Hill, Singapore 248707, (hereinafter "GoGoWin" or "Us" or "We")
regarding your use of GoGoWin's games, store, sites and related services (the "Service").
Use of the Service is also governed by GoGoWin's Privacy Policy and other relevant
policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any GoGoWin website or accessing
a game, you must agree to these Terms of Service and the Privacy Policy. A guest account may
be created for you for the use of the Service, and you may also be required to register an
account on the Service (collectively "Account"). These Accounts include, for example, game
Accounts and GoGoWin ID. By using or registering for an Account or otherwise using the
Service, you affirm that you are the legal age of majority in your country of residence. If
you are not, your legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR
OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. and Canadian residents, you also agree that disputes with
GoGoWin must be resolved on an individual basis through final and binding arbitration as
described in Section 8 (“Dispute Resolution”).
GoGoWin reserves the right, at its discretion, to change, modify, add or remove portions
of these Terms of Service, its Privacy Policy and other relevant GoGoWin policies at any
time by posting the amended terms on the Service. You will be deemed to have accepted such
changes by continuing to use the Service. If at any point you do not agree to any portion of
the then-current version of our Terms of Service, the GoGoWin Privacy Policy, or any other
GoGoWin policy, rules or codes of conduct relating to your use of the Service, your right
to use the Service shall immediately terminate, and you must immediately stop using the
Service.
1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any
other relevant GoGoWin policies, you have a non-exclusive, non-transferable,
non-sublicensable, revocable and limited right to access and use the Service for your own
non-commercial entertainment purposes. You agree not to use the Service for any other
purpose.
The following restrictions apply to the use of the Service:
You accept full responsibility for any unauthorized use of the Service by minors. You are
responsible for any use of your credit card or other payment instrument (such as PayPal) by
minors.
You shall not (or attempt to) purchase, sell, rent or give away your Account, create an
Account using a false identity or information, or on behalf of someone other than yourself;
You shall not use the Service if you have previously been removed by GoGoWin, or
previously been banned from playing any GoGoWin game.
You shall not use the Service to advertise, or solicit, or transmit any commercial
advertisements, including chain letters, junk, or spam e-mail or repetitive or misleading
messages to anyone.
Login information and Your Account
You may be required to select a password for your Account, or you may also use other
credentials to access the Account ("Login Information"). You shall not share the Account or
the Login Information, nor let anyone else access your Account or do anything else that
might jeopardize the security of your Account. In the event you become aware of or
reasonably suspect any breach of security, including without limitation any loss, theft, or
unauthorized disclosure of the Login Information, you must immediately notify GoGoWin and
modify your Login Information. You are solely responsible for maintaining the
confidentiality of the Login Information, and you will be responsible for all uses of the
Login Information, including purchases, whether or not authorized by you. You are
responsible for anything that happens through your Account.
GoGoWin reserves the right to remove or reclaim any usernames at any time and for any
reason, including but not limited to claims by a third party that a username violates the
third party's rights.
Unless you are using GoGoWin ID, the Service supports only one Account per game on a
supported device.
GoGoWin ID
GoGoWin ID is a service that allows you to safeguard your game account and easily play the
GoGoWin games with your account on all of your mobile devices. In order for us to
safeguard your account security and privacy, You will not be able to disconnect GoGoWin ID
from your game account, once You sign up for GoGoWin ID. If you have any questions about
GoGoWin ID, You can contact us through the support features within each GoGoWin game.
Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited, can
result in the immediate revocation of your limited right and may subject you to liability
for violations of law.
You agree that you will not, under any circumstances:
Engage in any act that GoGoWin deems to be in conflict with the spirit or intent of the
Service or make improper use of GoGoWin's support services.
Use or take part (directly or indirectly) in the use of cheats, exploits, automation
software, emulators, bots, hacks, mods or any unauthorized third-party software designed to
modify or interfere with the Service, any GoGoWin game or any GoGoWin game experience.
Modify or cause to be modified any files that are a part of the Service or any GoGoWin
game without GoGoWin's express written consent.
Disrupt, interfere with or otherwise adversely affect the normal flow of the Service or
otherwise act in a manner that may negatively affect other users' experience when using the
Service or playing GoGoWin's games. This includes win trading and any other kind of
manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge
over other players and any other act that intentionally abuses or goes against the design of
the Service.
Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or
server used to offer or support the Service or any GoGoWin game environment.
Institute, assist, or become involved in any type of attack, including without limitation
distribution of a virus, denial of service attacks upon the Service, or other attempts to
disrupt the Service or any other person's use or enjoyment of the Service.
Attempt to gain unauthorized access to the Service, Accounts registered or used by others or
to the computers, servers, or networks connected to the Service by any means other than the
user interface provided by GoGoWin, including but not limited to, by circumventing or
modifying, attempting to circumvent or modify, or encouraging or assisting any other person
to circumvent or modify, any security, technology, device, or software that is part of the
Service.
Post any information that is abusive, threatening, obscene, defamatory, libelous, or
racially, sexually, religiously, or otherwise objectionable or offensive or engage in
ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.
Post any information that contains nudity, excessive violence, or offensive subject matter
or that contains a link to such content.
Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of
another person, group, including GoGoWin employees, including GoGoWin's customer service
representatives.
Make available through the Service any material or information that infringes any copyright,
trademark, patent, trade secret, right of privacy, right of publicity, or other right of any
person or entity or impersonates any other person, including without limitation a GoGoWin
employee.
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source
code for any underlying software or other intellectual property used to provide the Service
or any GoGoWin game, or to obtain any information from the Service or any GoGoWin game
using any method not expressly permitted by GoGoWin.
Solicit, or attempt to solicit, Login Information or any other login credentials or personal
information from other users of the Service or any GoGoWin game.
Collect or post anyone's private information, including personally identifiable information
(whether in text, image or video form), identification documents, or financial information
through the Service.
Use any GoGoWin game for gambling, betting or any similar activity in which prizes or
rewards can be won (directly or indirectly), including betting on the outcome of matches in
which you participate as a player, irrespective of whether or not there is a fee or stake
involved.
Use the Service in any way that would violate any export controls, anti-money laundering
rules, economic sanctions or similar laws or regulations including but not limited to those
imposed by the United States of America and/or the European Union.
GoGoWin reserves the right to determine what conduct it considers to be in violation of
the rules of use or otherwise outside the intent or spirit of these Terms of Service or the
Service itself. GoGoWin reserves the right to take action as a result, which may include
terminating your Account and prohibiting you from using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, GoGoWin MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR
DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU
(i) IF YOU ARE, OR GoGoWin SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH THESE TERMS OF
SERVICE; OR (ii) FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE. YOU CAN
LOSE YOUR USERNAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR
LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED VIRTUAL ITEMS AND PURCHASED VIRTUAL
ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND GoGoWin IS UNDER NO OBLIGATION TO
COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND
ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT,
SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO
PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR
POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR
ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE
MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS
OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
GoGoWin RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
GoGoWin reserves the right to stop offering and/or supporting the Service or a particular
game or part of the Service at any time, at which point your right to use the Service or a
part thereof will be automatically terminated. In such event, GoGoWin shall not be
required to provide refunds, benefits or other compensation to users in connection with such
discontinued Service. Termination of your Account can include disabling your access to the
Service or any part thereof including any content you submitted or others submitted.
You may terminate your Account at any time and for any reason by following the process
described on our support page located at https://support.GoGoWin.co/ informing GoGoWin
that you wish to terminate your Account.
2.1. Games and Service
All rights, title and interest in and to the Service (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, methods of operation, moral rights, documentation, in-game chat
transcripts, character profile information, recordings of games played using a GoGoWin
game client, and the GoGoWin game clients and server software) are owned by GoGoWin.
GoGoWin reserves all rights, including without limitation, all intellectual property
rights or other proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOT WITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL
HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND
AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO
THE BENEFIT OF GoGoWin.
2.3. Virtual Content
GoGoWin owns, has licensed, or otherwise has rights to use all of the content that appears
in the Service or in GoGoWin games. Notwithstanding any provision to the contrary herein,
you agree that you have no right or title in or to any content that appears in the Service,
including without limitation the virtual items, content, features, goods, services or
currency appearing or originating in any GoGoWin game, whether earned in a game or
purchased from GoGoWin, or any other attributes associated with an Account or stored on
the Service.
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and
information that you upload or transmit through a GoGoWin game client or the Service, or
that other users upload or transmit, including without limitation any chat text. By
transmitting or submitting any User Content while using the Service, you affirm, represent
and warrant that such transmission or submission is (a) accurate and not confidential or
misleading; (b) not in violation of any laws, contractual restrictions or other third party
rights, and that you have permission from any third party whose personal information or
intellectual property is comprised in the User Content; (c) free of viruses, adware,
spyware, worms or other malicious code; and (d) you acknowledge and agree that any of your
personal information within such content will at all times be processed by GoGoWin in
accordance with its Privacy Policy.
3.1.1. Content Screening
GoGoWin assumes no responsibility for the conduct of any user submitting any User Content
and assumes no responsibility for monitoring the Service for inappropriate content or
conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the
Service is at your own risk. By using the Service, you may be exposed to User Content that
is offensive, indecent, or otherwise not in line with your expectations. You bear all risks
associated with the use of any User Content available in connection with the Service. At our
discretion, our representatives or technology may monitor and/or record your interaction
with the Service or communications (including without limitation chat text) when you are
using the Service.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such
monitoring and recording. You acknowledge and agree that you have no expectation of privacy
concerning the transmission of any User Content, including without limitation chat text or
voice communications.
GoGoWin reserves the right in its sole discretion to review, monitor, prohibit, edit,
delete, disable access to or otherwise make unavailable any User Content (including without
limitation your User Content) without notice for any reason or for no reason at any time. If
at any time GoGoWin chooses, in its sole discretion, to monitor the Service, GoGoWin
nonetheless assumes no responsibility for User Content and assumes no obligation to modify
or remove any inappropriate User Content. We have the right, but not the obligation, in our
sole discretion to edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may include various forums, blogs and chat features where you can post User
Content, including your observations and comments on designated topics. GoGoWin cannot
guarantee that other members will not use the ideas and information that you share.
Therefore, if you have an idea or information that you would like to keep confidential
and/or don't want others to use, do not post it on the Service. GoGoWin shall have no
responsibility to evaluate, use or compensate you for any ideas or information you may
choose to submit.
3.2.2. Responsible For Your Own Content
You are solely responsible for the information that you post on, through or in connection
with the Service and that you provide to others. GoGoWin may reject, refuse to post or
delete any User Content for any or no reason, including, but not limited to, User Content
that in the sole judgment of GoGoWin violates these Terms of Service.
3.2.3. Your License to GoGoWin
You hereby grant to GoGoWin an irrevocable, perpetual, transferable, fully paid-up,
royalty-free, worldwide license (including the right to sublicense and assign to third
party) and right to copy, reproduce, fix, adapt, modify, create derivative works from,
manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, in any way, your User Content as well as all modified
and derivative works thereof in connection with our provision of the Service, including
marketing and promotions of the Service. You also hereby grant to GoGoWin the right to
authorize others to exercise any of the rights granted to GoGoWin under these Terms of
Service. You further hereby grant to GoGoWin the unconditional, irrevocable right to use
and exploit your name, likeness and any other information or material included in any User
Content and in connection with any User Content, without any obligation to you. Except as
prohibited by law, you waive any rights of attribution and/or any moral rights you may have
in your User Content, regardless of whether your User Content is altered or changed in any
manner. GoGoWin does not claim any ownership rights in your User Content and nothing in
these Terms of Service is intended to restrict any rights that you may have to use and
exploit your User Content. GoGoWin has no obligation to monitor or enforce your
intellectual property rights in or to your User Content.
3.3. User Interactions
You are solely responsible for your interactions with other users of the Service and any
other parties with whom you interact through the Service and/or GoGoWin games. GoGoWin
reserves the right, but has no obligation, to become involved in any way with these
disputes. You will fully cooperate with GoGoWin to investigate any suspected unlawful,
fraudulent, or improper activity, including, without limitation, granting GoGoWin access
to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual
and consequential) of every kind and nature, known and unknown, arising out of or in any way
connected with such disputes.
4. Fees and Purchase Terms
4.1.Purchases
In the Service you may purchase, with "real world" money, a limited, personal,
non-transferable, non-sublicensable, revocable right to use (a) virtual currency, including
but not limited to virtual cash or diamonds, all for use in GoGoWin games; (b) virtual
in-game items, content or features; and (c) other goods or services (points a – c are
jointly referred to as "Virtual Items"). You are only allowed to purchase Virtual Items from
us or our authorized partners through the Service, and not in any other way.
You expressly agree that we will start the performance of the purchase agreement of Virtual
Items or any other digital content before the expiration of any statutory withdrawal period
defined in applicable laws. You give explicit prior consent that the content you have
purchased will be delivered to you before the withdrawal period ends and you thereby loose
the statutory right of withdrawal.
GoGoWin may manage, regulate, control, modify or eliminate Virtual Items at any time, with
or without notice. To the fullest extent under applicable law, GoGoWin shall have no
liability to you or any third party in the event that GoGoWin exercises any such rights.
The transfer of Virtual Items is prohibited except where expressly authorized in the
Service. Other than as expressly authorized in the Service, you shall not sell, purchase,
redeem or otherwise transfer Virtual Items to any person or entity or attempt any of the
aforesaid, including but not limited to GoGoWin, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND
NON-REFUNDABLE EXCEPT WHERE REQUIRED UNDER APPLICABLE LAW. Please see our Parents Guide for
more information regarding purchases made by minors.
The provision of Virtual Items for use in GoGoWin games is a service provided by GoGoWin
that commences immediately upon acceptance by GoGoWin of your purchase.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account
registered to you. GoGoWin may revise the pricing for the Virtual Items offered through
the Service at any time. YOU ACKNOWLEDGE THAT GoGoWin IS NOT REQUIRED TO PROVIDE A REFUND
FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL
ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand that the Service is an evolving one. GoGoWin may require that you accept
updates to the Service and to GoGoWin's games you have installed on your device or
computer. You acknowledge and agree that GoGoWin may update the Service and GoGoWin
games, with or without notifying you. You may need to update third party software from time
to time in order to receive the Service and play GoGoWin games.
6. Disclaimer of Warranties
WITHOUT LIMITING GoGoWin'S LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR
USAGE OF TRADE. GoGoWin DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE
SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of
the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GoGoWin SHALL NOT BE LIABLE TO YOU FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING
BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR
OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN
ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR
ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GoGoWin HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, GoGoWin SHALL NOT BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID TO GoGoWin IN ACCORDANCE WITH THESE TERMS OF SERVICE IN
THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU
ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO GoGoWin DURING SUCH TIME
PERIOD, YOUR SOLE REMEDY (AND GoGoWin'S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH
GoGoWin IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR
EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF
GoGoWin OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF GoGoWin.
You agree to indemnify, defend and hold GoGoWin (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or
other losses, including reasonable attorneys' fees, asserted by any third-party resulting
from or arising out of your use of the Service, or any breach by you of these Terms of
Service, however the foregoing does not apply if the infringement of rights is not
attributable to your intentional or negligent behavior.
8. Dispute Resolution
You and GoGoWin agree that the processes for dispute resolution described in this
agreement will apply to any dispute or claims related to these Terms of Service, the Privacy
Policy, or the Service. Disputes include any claims of any kind, including but not limited
to legal, equitable, or statutory claims. Processes for dispute resolution will apply even
if you stop using your Account, delete your Account, or stop using the Service. They will
also apply to disputes that arose before we entered into this agreement.
Sections 8.1 to 8.6 apply to you if you are a resident of the United States or Canada. They
do not apply to you if you are a resident of any other country.
8.1. Informal Dispute Resolution
You must try to informally resolve any dispute directly with GoGoWin for at least thirty
(30) days before you start an arbitration. The informal dispute resolution process starts
when you give GoGoWin written notice of the dispute through
[email protected].
8.2. Arbitration
Agreement You and GoGoWin agree to resolve any disputes exclusively in final and binding
arbitration as follows:
Either you or GoGoWin may choose to submit any dispute for resolution exclusively by final
and binding arbitration unless the claim is within the exceptions described below. If you or
GoGoWin brings a claim in court that can be resolved by arbitration under this section,
then either party can ask the court to order the parties to resolve the claim by
arbitration. The arbitrator will have the exclusive authority to decide whether any portion
of Section 8 (“Dispute Resolution”) is valid or enforceable, or whether it applies to a
claim.
An arbitration proceeding will be held before a neutral arbitrator. This means you and
GoGoWin agree to give up the right to resolve the dispute in a trial before a judge or
jury. Arbitration has different rules than more formal lawsuits. For example, the ability to
force the other side to share information may be more limited than the process called
discovery in formal lawsuits. After the arbitrator decides the outcome, that decision will
be final. You or GoGoWin can ask the arbitrator to put a decision or award and the reasons
for it in writing. Either of us can ask a court to confirm or enter the arbitrator’s final
decision or award, which will make it the same as a court judgment. You and GoGoWin will
generally not be able to change the outcome of arbitration through courts outside of very
limited circumstances.
8.3. Arbitration Process
The arbitration will be run by the American Arbitration Association (“AAA”). AAA’s rules and
procedures will be used for the arbitration, including the Consumer Arbitration Rules. But
if there is a conflict between these Terms of Service and AAA’s rules and procedures, then
we will follow these Terms of Service. To review AAA’s Rules or to start arbitration, you
can go to AAA’s website. If either of us decide to start arbitration, we agree to provide
the other party with a written Demand for Arbitration as specified in the AAA Rules.
The fees for arbitration will be determined by AAA’s Consumer Arbitration Rules. If the
arbitrator decides that those fees are excessive, GoGoWin will pay the fees. Each side
will pay their own attorneys’ fees and costs unless the claims allow for to the prevailing
party to recover attorneys’ fees and costs, in which case the arbitrator may award them
under the applicable law. If either party unsuccessfully challenges the validity of the
arbitrator’s decision or award through a subsequent court case, the unsuccessful party shall
pay the opposing party’s costs and attorneys’ fees associated with the challenge.
The arbitration will take place either in San Francisco, California, USA or in the county or
province where you reside.
8.4 Exceptions to Agreement to Arbitrate
You and GoGoWin agree that the arbitration agreement in Section 8.2 will not apply to the
following disputes:
Claims about GoGoWin’s intellectual property, such as claims to enforce, protect, or
concerning the validity of GoGoWin’s copyrights, trademarks, trade dress, domain names,
patents, trade secrets, or other intellectual property rights.
Claims related to piracy or tortious interference.
Claims that are not subject to an arbitration agreement as a matter of law and are not
preempted by federal law that would allow for an agreement to arbitration.
Claims in small claims court.
Any dispute not subject to arbitration under these exceptions shall be resolved by a court
of competent jurisdiction as described in Section 10 (“Venue for Disputes Not Subject to
Arbitration”).
8.5 No Class Actions
You and GoGoWin agree that we can only bring claims against each other on an individual
basis.That means:
You cannot bring a claim against GoGoWin as a plaintiff or class member in a class,
collective, consolidated, or representative action.
The arbitrator cannot combine any other person’s claims with yours into a single case or
preside over any class, collective, consolidated, or representative arbitration proceeding.
The arbitrator’s decision or award in your case will not apply to anyone else and cannot be
used to decide other people’s disputes.
If this section (Section 8.5 “No Class Actions”) is found to be unenforceable or invalid,
then the entirety of Section 8, including Sections 8.1 to 8.6, shall be void.
8.6 Opt-Out of Arbitration Agreement and No Class Actions Provisions
You can choose to opt out of and not be bound by the Arbitration Agreement and No Class
Action provisions above (Sections 8.1 to 8.5) by sending written notice of your decision to
opt out to
[email protected] with the subject line “ARBITRATION AND CLASS ACTION
WAIVER OPT-OUT.” You must send us this notice within thirty (30) days of your first use of
the Service or availability of this opt-out, whichever is later. If you do not send us a
notice within that time, you will be bound to arbitrate disputes in accordance with the
terms of these paragraphs. If you opt out of these arbitration provisions, GoGoWin also
will not be bound by them.
8.7 Alternative and Online Dispute Resolution
If you are a consumer based in the EU or EEA, you may make use of the Online Dispute
Resolution platform offered by the European Commission as an out-of-court alternative to
resolve disputes. You may also recourse to alternative dispute resolution and refer a
dispute to the consumer disputes board or other corresponding out-of-court institution in
your domicile.
9 Applicable Law
If you are a resident of the United States or Canada: (1) the United States Federal
Arbitration Act (including its procedural provisions) governs the interpretation and
enforcement of the agreement to arbitrate and no class actions provisions of Section 8, and
(2) any dispute arising out of or related to these Terms of Service, the Privacy Policy, or
the Service shall be governed in all respects by the laws of the State of California, USA
without regard to conflict of law provisions.
If you are a resident outside of the United States and Canada, you agree that any claim or
dispute arising out of or related to these Terms of Service, the Privacy Policy, or the
Service shall be governed by the laws of Finland without regard to conflict of law
provisions.
10. Venue for Disputes Not Subject to Arbitration
If you are a resident of the United States or Canada, you agree that any claim or dispute
you may have against GoGoWin that is not subject to arbitration under Section 8 must be
resolved exclusively by a federal or state court located in San Francisco, California. You
and GoGoWin consent to venue and personal jurisdiction in San Francisco, California for
all such claims or disputes.
If you are a resident outside the United States and Canada, you agree that any claim or
dispute you may have against GoGoWin must be resolved exclusively by a court located in
Helsinki, Finland.
11. Severability
You and GoGoWin agree that if any portion of these Terms of Service or of the GoGoWin
Privacy Policy is found illegal or unenforceable, in whole or in part by any court of
competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely
to the extent of such determination of invalidity or unenforceability without affecting the
validity or enforceability thereof in any other manner or jurisdiction and without affecting
the remaining provisions of the terms, which shall continue to be in full force and effect.
12. General Provisions
12.1. Assignment
GoGoWin may assign or delegate these Terms of Service and/or the GoGoWin Privacy Policy,
in whole or in part, to any person or entity at any time with or without your consent. You
may not assign or delegate any rights or obligations under the Terms of Service or Privacy
Policy without GoGoWin's prior written consent, and any unauthorized assignment and
delegation by you is ineffective.
12.2. Supplemental Policies
GoGoWin may publish additional policies related to specific services such as forums,
contests, or loyalty programs. Your right to use such services is subject to those specific
policies and these Terms of Service.
12.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated
by reference herein (including the GoGoWin Privacy Policy), contain the entire
understanding of you and GoGoWin, and supersede all prior understandings of the parties
hereto relating to the subject matter hereof, whether electronic, oral or written, or
whether established by custom, practice, policy or precedent, between you and us with
respect to the Service.
12.4. No Waiver
The failure of GoGoWin to require or enforce strict performance by you of any provision of
these Terms of Service or the GoGoWin Privacy Policy or failure to exercise any right
under them shall not be construed as a waiver or relinquishment of GoGoWin's right to
assert or rely upon any such provision or right in that or any other instance.
The express waiver by GoGoWin of any provision, condition, or requirement of these Terms
of Service or the GoGoWin Privacy Policy shall not constitute a waiver of any future
obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in this these Terms of Service, no
representations, statements, consents, waivers, or other acts or omissions by GoGoWin
shall be deemed a modification of these Terms of Service nor legally binding, unless
documented in physical writing, hand signed by You and a duly appointed officer of
GoGoWin.
12.5. Notices
We may notify you via postings in our games, on gogowin.co, via e-mail or any other
communications means to contact information you provide to us. All notices given by you or
required from you under these Terms of Service or the GoGoWin Privacy Policy shall be in
writing and addressed to: GoGoWin Oy. Attn: 9 One Tree Hill, Singapore 248707, with a copy
to
[email protected].
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to
GoGoWin are of a unique and irreplaceable nature, the loss of which shall irreparably harm
GoGoWin and which cannot be replaced by monetary damages alone so that GoGoWin shall be
entitled to injunctive or other equitable relief (without the obligations of posting any
bond or surety or proof of damages) in the event of any breach or anticipatory breach by
you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin
or restrain the operation of the Service or any GoGoWin game, exploitation of any
advertising or other materials issued in connection therewith, or exploitation of the
Service or any content or other material used or displayed through the Service and agree to
limit your claims to claims for monetary damages, limited by Section 7 (if any).
12.7. Force Majeure
GoGoWin shall not be liable for any delay or failure to perform resulting from causes
outside the reasonable control of GoGoWin, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond GoGoWin's control such
as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities,
fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy,
labor or materials.