Privacy Policy - PLUSWIN

Last updated: December 14, 2020

The Terms of Service are a legal agreement between PLUSWIN Ltd. (the “PLUSWIN”, “Company,” “We” or Us”) and yourself ("you") regarding your use of PLUSWIN' application or game ("Service"). By installing, registering with, using or otherwise accessing any PLUSWIN' Service you agree that you have read, understood, accept and agree to be bound by these Terms of Service. If you do not accept these Terms, you are not authorized to use the Service.

PLUSWIN reserves the right to revise or modify these Terms at any time and you agree to be bound by such revisions or modifications. Such revisions or modifications will be effective upon the date. By accessing, using or downloading the Services, you acknowledge and agree that you shall be bound by any such revisions. If you do not wish to be bound by the modified Terms your only remedy is to discontinue your use of the Service and to cancel any accounts you have created using the Service.

If you violate the Terms, PLUSWIN reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the Service. You agree that PLUSWIN needs not provide you notice before terminating or suspending your account(s) but it may provide such notice in its sole discretion.

You agree that PLUSWIN may change any part of the Service, including its contents, at any time or discontinue the Service or any part thereof, for any reason, without notice to you and without liability.

The Service is intended for those 21 years or older of age. You must declare that you are at least 13 years old or older and if you are between the ages of 13 and 18, you must show that you have the consent of a legal guardian. At our sole discretion, we may require proof that you meet this condition in connection with use of the Services. Failure to comply with this condition will result in the closing of your account and the loss of all Virtual Currency or Virtual Goods earned through your use of the Services.

License

Subject to your agreement and continuing compliance with these Terms of Service, PLUSWIN grants you a non-exclusive, non-transferable, revocable limited license to access and use the Service through a supported web browser or mobile device solely for your own non-commercial entertainment purposes. You agree not to use the Service for any other purpose. You hereby acknowledge that your license to use the Service is limited by these Terms, and, if you violate or if, at any point, you do not agree to any of these Terms, your license to use the Service shall immediately terminate, and you shall immediately refrain from using the Service. If the Service or any part thereof is determined to be illegal under the laws of the country in which you are situated, you shall not be granted any license to use the Service, and must refrain from using the Service.

Use of the Service

You agree that your use of the Service shall be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree that you shall not:

Create an account with or access the Service if you are under the age of 13
Upload, post, transmit or otherwise disseminate material that is vulgar, indecent, obscene, pornographic, sexual or that is, in a reasonable person's view, otherwise offensive or objectionable
Libel, ridicule, defame, mock, stalk, intimidate, threaten, harass, or abuse anyone, hatefully, racially, ethnically or in any other manner
Upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Service or the computers of other users of the Service
Advertise, solicit or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim or spam) to anyone
Violate the contractual, personal, intellectual property or other rights of any party including by using, uploading, transmitting, distributing, or otherwise making available any information or material made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms of Service and/or the terms of service of any third-party applications or social networks through which the Service is accessed;
Attempt to obtain passwords or other private information from other members including personally identifiable information (whether in text, image or video form), identification documents, or financial information
Upload or transmit (or attempt to upload or to transmit), without PLUSWIN' express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware," "passive collection mechanisms" or "pcms")
Improperly use support channels or complaint buttons to make false reports to PLUSWIN
Develop, distribute, use, or publicly inform other members of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
Exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
Deal with Virtual Currencies or Virtual Goods in a manner that violates these Terms, including selling or re-selling Virtual Currencies or Virtual Goods or fraudulently obtaining or acquiring Virtual Currencies, Virtual goods or other products or services
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your account to anyone without PLUSWIN' written permission
Access or use an account which has been rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the account creator without PLUSWIN' written permission
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms
Violate any applicable laws or regulations, or encourage or promote any illegal activity including, but not limited to, copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the Service
Attempt to use the Service on or through any service that is not authorized by PLUSWIN. Any such use is at your own risk and may subject you to additional or different terms. PLUSWIN takes no responsibility for your use of the Service through any service that is not authorized by it
Post or communicate any person's real-world personal information using the Service
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Service or interfere with the ability of others to enjoy using the Service, including disrupt, overburden or aid the disruption or overburdening of the Service servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users

Account, Password and Security

When creating or updating an Account on the Service, you may be required to provide PLUSWIN with certain personal information, which may include your name, birth date, e-mail address, and, in some cases, payment information. This information will be held and used in accordance with PLUSWIN' Privacy Policy and relevant 'just-in-time' notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to PLUSWIN, and that you will update that information promptly after it changes.

During the Account creation process, you may be required to select a password ("Login Information"). The following rules govern the security of your Login Information:

You shall not share your Account or Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. PLUSWIN will not ask you to reveal your password and will not initiate contact with you asking for answers to your password security questions
In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify PLUSWIN 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 your Login Information, including purchases, whether or not authorized by you
You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated if someone else uses it to engage in any activity that violates the Terms of Service or is otherwise improper or illegal.
You undertake to monitor your Account to restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors and you acknowledge that you are responsible for any use of your credit card or other payment instrument (for example, paypal) by minors.

PLUSWIN 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. You understand that your user ID number, name and profile picture will be publicly available and that search engines may index your name and profile photo.

Any personal information you provide to us when creating or updating your account, which may include your name, birth date, e-mail address, and, in some cases, payment information, will be held and used in accordance with PLUSWIN' Privacy Policy. You agree that you will supply accurate and complete information to us, and that you will update that information promptly after it changes.

Account Termination

We reserve the right to terminate or suspend your account or your access to any or all of the Services at any time, for any reason and we have the right to terminate your account for what is, in our sole discretion and determination, deemed to be a violation or breach of these Terms of Service, or when the account has been inactive for more than 6 months. In the event your account or access to the Services is terminated, suspended or canceled, whether by you or by PLUSWIN, you will not be entitled to any refund nor will any credits or in-game items (e.g., points in an online game) be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points or in-game items). If your account is terminated or suspended by us, we also have the right to terminate or suspend any of your other accounts.

Privacy

Any content which you provide (and certain other information about you) is subject to our Privacy Policy, which is incorporated by reference into these Terms of Service. See our Privacy Policy for information and notices concerning our collection and use of your personal information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to other countries for storage, processing and use by PLUSWIN. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and you will not be able to opt out of receiving them.

Charges and Billing

In some cases, you can use Facebook Credits, a stored value (gift card), credit or debit card, PayPal, or other similar accounts (each referred to herein as 'Payment Information'), to pay for optional Services and/or upgrades. When you provide Payment Information to us (or our designated platform providers, licensees or subcontractors), you represent and warrant that you are the authorized user of the Payment Information that is used to pay such charges. You must promptly notify us of any changes to your Payment Information. You are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your account, including your family members or friends.

Payment Terms

You may purchase unreal currency from Platform(including Facebook platform) that PLUSWIN decide to work with in exchange for real money. This is a transaction between you and Platform and PLUSWIN is not a party. If you purchase Platform Credits, you are agreeing to Platform's terms relating to payment and Platform Credits. PLUSWIN is not responsible or liable for any issues related to the services provided by Platform to you in connection with the purchase of Platform Credits. Once you have completed your purchase of Platform Credits you may redeem Platform Credits for in-game currencies.

Virtual Currencies and Goods

The Services may include a virtual, in-game currency ('Virtual Currency') including, but not limited to coins, cash, points or boosters, that may be purchased from PLUSWIN for 'real world' money if you are a legal adult in your country of residence. The Services may also include virtual, in-game digital items ('Virtual Goods') that may be purchased from PLUSWIN for 'real world' money or for Virtual Currency. Regardless of the terminology used, Virtual Currency and Virtual Goods may never be redeemed for 'real world' money, goods or other items of monetary value from PLUSWIN or any other party.

Other than a limited, personal, revocable, non-transferable, and non-sublicenseable license to use the Virtual Goods or Virtual Currency in the Services, you have no right or title in or to any such Virtual Goods or Virtual Currency appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services.

PLUSWIN has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Virtual Goods as it sees fit in its sole discretion, and PLUSWIN shall have no liability to you or anyone for the exercise of such rights.

Transfers of Virtual Currencies and Virtual Goods are strictly prohibited except where explicitly authorized within the Services. Outside of the game, you may not buy or sell any Virtual Currency or Virtual Goods for 'real world' money or otherwise exchange items for value. Any attempt to do so is in violation of these Terms and may result in a lifetime ban from the Services and possible legal action.

You agree that all sales of Virtual Goods and Currencies are final. No refunds will be given, except in our sole and absolute discretion. All Virtual Goods and Currencies are forfeited if your account is terminated or suspended for any reason, in PLUSWIN' sole and absolute discretion, or if PLUSWIN discontinues providing the Services or any particular game.

Reimbursement and Refund Policy

'Reimbursement' means a compensation for damage or loss in in-game currencies and goods, including but not limited to coins, chips, boosters and gift ('items').

You shall be reimbursed if your request was raised within 30 days after the occurrences of damage or loss and the claim has been raised from one of the following damages or losses:

Damage or loss in items from server instability, server crash, system malfunction, shutdown due to maintenance, or operational mistake.
Damage or loss in items from bug, glitch, code or logic error, erroneous policy, or mistaken operation.
Damage or loss in items from abnormalities correspondent with activity logs on PLUSWIN' system.
You do not receive purchased items due to any errors on PLUSWIN' system.

PLUSWIN has no responsibility for damages, losses, or issues, including but not limited to the followings:

Damage or loss in items, resulting from unstable settings or circumstances including unstable local internet service, old-version of web browser/flash player, out-dated PC, web browser error, virus, malware, hacking, duplicate logins to a single account by security breach or ID shares, duplicate logins to a single account in a single web browser, natural disaster, and black-out.
Damage or loss, including unpaid compensation (e.g. credit earning) from any possible issues caused by the links to Third Party sites.

'Refund' means a return of real currencies ('money') in restitution, repayment, or balancing of accounts. You shall be given a refund for purchased item for any reason if conditions below are satisfied:

Your refund request was raised within 30 days of purchase.
Purchase log exists on PLUSWIN' system.
Item has not been used.

Third Party Advertising

You understand that the Service and PLUSWIN' games may feature advertisements from PLUSWIN or third parties. PLUSWIN' disclosure of information for third party advertising is addressed in PLUSWIN' Privacy Policy. PLUSWIN may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving an optional component of the Service and/or upgrades (such as in-game currency). Any charges or obligations you incur in your dealings with these third parties are your responsibility. PLUSWIN makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third party content, goods and/or services. The linked sites are not under the control of PLUSWIN and may collect data or solicit personal information from you. PLUSWIN is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by PLUSWIN of these linked sites.

Intellectual Property Ownership

PLUSWIN retains all rights in the Service materials (including, but not limited to, applications, software, designs, graphics, texts, information, pictures, video, sound, music, and other files, and their selection and arrangement) (collectively, 'Service Materials'). The entire contents of the Service are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.

You shall not, nor shall you cause any other party to modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without PLUSWIN' explicit, prior written permission. The foregoing shall not apply to your own User Content that you post through the Service in accordance with these Terms. All other uses of copyrighted or trademark material, including any derivative use, require explicit, prior written permission from PLUSWIN. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.

PLUSWIN and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.

User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a PLUSWIN 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; (b) not in violation of any applicable 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 PLUSWIN in accordance with its Privacy Policy.

You own your User Content. You hereby grant PLUSWIN and its Affiliates a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, unlimited license, including the right to sublicense and assign to third parties, and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your User Content as well as all modified and derivative works thereof in connection with our provision of the Service, including marketing and promotions thereof. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in any User Content. The license you grant Us to use user posted content (except any content you submit in response to PLUSWIN promotions and competitions or any other content specifically solicited by PLUSWIN) ends when you delete your User Content or you close your Account unless your User Content has been shared with others, and they have not deleted it. However, you understand and accept that removed content may persist in back-up copies for a reasonable period of time.

Disclaimer of Warranties

You expressly agree that use of the service is at your sole risk and is provided on an 'As Is' basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of non-infringement, merchantability or fitness for a particular purpose (except only to the extent prohibited under applicable law with any legally required warranty period to the shorter of 30 days from first use or the minimum period required).

Without limiting the forgoing, neither PLUSWIN nor its affiliates or subsidiaries, or any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors (collectively, 'PLUSWIN Parties') warrant that the service will be uninterrupted or error-free.

Limitations : Wavers of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE PLUSWIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE PLUSWIN IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE PLUSWIN LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL THE PLUSWIN BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID PLUSWIN IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID PLUSWIN ANY AMOUNTS IN THE ONE HUNDRED AND EIGHTY (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PLUSWIN IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU. IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF PLUSWIN.

Indemnification

You agree to indemnify, save, and hold PLUSWIN, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms of Service, or any breach of the representations, warranties, and covenants made by you herein. PLUSWIN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PLUSWIN, and you agree to cooperate with PLUSWIN' defense of these claims. PLUSWIN will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.

Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Waiver and Severability

The failure of PLUSWIN to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

Modification of Terms

We reserve the right to modify the Terms at any time. If we do this, we will post the changes to these Terms on this page and will indicate at the top of this page the date those terms will be effective. We will attempt to give you advance notice of any substantive changes, but reserve the right to make such modifications immediately if required. Your use of the Services after any such changes become effective constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Services. It is your responsibility to check to determine if there have been changes to these Terms and to review such changes.

Dispute Resolution

PLUSWIN reserves the right, but has no obligation, to monitor and/or manage disputes between you and other users of the Services. If you have a dispute with other users, you release and hereby agree to indemnify PLUSWIN 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 dispute.

Maintenance / Updates to the Service

You understand that our Service is an evolving one. PLUSWIN may require that you understand the scheduled or unscheduled maintenance/updates to current Service you have installed on your computer. You acknowledge and agree that PLUSWIN may start the maintenance/updates the Service with or without notifying you, which may influence on your game play. This incident may results in unpredictable loss in your account and PLUSWIN will not be liable to this incident.

Acceptance of Terms