1. WaktiPlay provides one or more websites WaktiPlay, which may include functionalities such as application portals, applications, and other mobile gaming features (collectively, this gaming service, this websites, and this functionality are referred to as the “Services”).
2. Using Services
1. You agree that WaktiPlay may, in connection with the operation of the Services and at its sole discretion, send you messages to your registered phone numbers that constitute notices, advertisements and/or other announcements.
3. WaktiPlay reserves the right, but is not obligated, to monitor any content, materials, postings, email messages or other information (whether or not made available to other users of the Services, and including but not limited to the content of user email) that you submit, post, or transmit when using the Services, including the content of email messages submitted by you through the Services. WaktiPlay may, in its sole discretion and without obligation, conduct audits of the same. WaktiPlay also may, in its sole discretion, delete such content, materials, postings, email messages and/or other information and/or make all and/or part of such content, materials, postings, email messages and/or other information inaccessible to you and/or other users of the Services, in each case without providing advance notice to you. If WaktiPlay determines that it is necessary to protect the Services or other rights and assets of WaktiPlay, or the life, body, or property of a third party, WaktiPlay may disclose or provide such content, materials, postings, email messages and other information to a public institution, such as a court, law enforcement agency, or the like.
4. You are responsible for the telecommunication and other costs that arise in conjunction with your access to and use of the Services.
3. User Management Obligations
a. Your log-in information and password are for your personal use only, and not for use by any other person. You may not make public, disclose, sublicense, lease, lend, sell, gift, bequeath, trade, establish a security interest on, transfer or provide use or access to any log-in information or passwords or associated account settings (including any game-related information), except as expressly provided by WaktiPlay, and any such act or attempted act is prohibited and void. You shall not attempt to use or access the Services with any log-in information or password that you did not personally register with WaktiPlay.
b. You are responsible for maintaining the confidentiality of any password that you may use to access the Services, and WaktiPlay may deem the person using the Service with an account with registered password to be the person who registered the account. You are fully responsible for all interaction with the Services that occur in connection with your log-in information and/or password. You agree to immediately notify WaktiPlay of any unauthorized use of your log-in information and/or password or any other breach of security related to your account or to the Services, and to use reasonable efforts to remedy such breaches (including any breaches relating to known or suspected copyright infringement in connection with the Services), and to ensure that you “log off”/exit from your account with the Services (if applicable) at the end of each session. WaktiPlay is not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
c. In the event that WaktiPlay or a third party incurs losses or damages due to the unauthorized use of your log-in information and/or password, you will indemnify and hold harmless WaktiPlay and its affiliates and its and their respective directors, officers, employees, agents, successors and assigns (collectively, “WaktiPlay Indemnified Parties”) and each such third party for such losses or damages.
a. A “community” is a message board where users of the Services can exchange opinions about specific topics. A community may be managed by a user of the Services and may have functions that enable such manager to control other users’ eligibility to participate in the community. You acknowledge and agree that WaktiPlay does not endorse and is not responsible or liable for any content, products, information or other materials on and/or available through the communities.
c. If you are a community manager, you may appoint another user of the Services to be the new manager, in which case, such newly appointed manager succeeds to your obligations as the community manager.
2. WaktiPlay attempts to ensure that information provided by WaktiPlay through the Services is complete, accurate and current. Despite such efforts, the information provided by WaktiPlay through the Services may occasionally be inaccurate, incomplete and/or out of date. WaktiPlay makes no representation as to the completeness and accuracy of any information available on and/or through the Services, and you agree that WaktiPlay will not be liable for your use of and/or reliance on such information.
5. Intellectual Property Rights
1. Submissions. For any information, content and/or materials (such as text, graphics, images, photographs, videos, audiovisual works, voice, music, audio works and other materials) you submit and/or post in and/or through the Services (each, a “Submission”), you represent and warrant that you have all rights necessary for you to grant the licenses granted in this section (including, without limitation, as applicable, that the requisite permissions have been obtained from the holder of any rights in the Submission), and that such Submission, and your provision thereof to and/or through the Services, complies with all applicable laws, rules and regulations. You may only submit and/or post Submissions that comply with the foregoing representation and warranty.
2. License. You (or the applicable holder of any rights in the Submission) retain ownership of each Submission, including the copyrights to such Submission. However, for each Submission, you hereby grant to WaktiPlay and its service providers and designees a worldwide, non-exclusive, transferable, sublicense able (through multiple tiers), fully paid up and royalty-free, perpetual, irrevocable right and license, without compensation to you and/or anyone else, covering all the following matters, unless otherwise specified in the terms applicable to an individual service: to use, reproduce, distribute, adapt (including, without limitation, edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
6. Suspension of Account
If WaktiPlay determines that one or more of the following circumstances applies or has arisen with respect to your registration to use the Services, without limiting WaktiPlay ‘s other rights and remedies, WaktiPlay may refuse to register your account and/or may suspend and/or terminate your account and/or implement countermeasures, such as by not permitting a re-registration:
3. Your registration information may be construed as impersonating WaktiPlay or a third party;
4. Your registration information contains any expressions that defame, slander or incite hatred of third parties or that would disrupt public order and good morals; and/or
5. WaktiPlay otherwise determines that the registration is inappropriate.
1.If you stop using the Services and wish to renounce your registration (and associated log-in information and password), you will be deemed to have withdrawn from the Services upon your submission to WaktiPlay of an application to withdraw in accordance with WaktiPlay ‘s specified method.
2. After you withdraw from the Services, WaktiPlay may, but shall have no obligation to, continue to retain any information related to you (such as your personal information and/or any and all data regarding your content). If you re-register for the Services, WaktiPlay has no obligation to make available to you any information related to your prior registered account.
8. Code of Conduct
2. You agree that you will not:
a. Post, transmit, or otherwise make available, through or in connection with the Services:
(i) Anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; (e) protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express prior consent of the owner of such right; (f) related to alcohol or the sale of tobacco products, ammunition, or firearms; or (g) related to wagering or gambling.
(ii) Any material that would give rise to criminal or civil liability; that encourages conduct that would constitute a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
(iii) Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is potentially harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.
(iv) Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or investment opportunity, or any other form of solicitation.
(v) Any material, non-public information about a WaktiPlay without the proper authorization to do so.
b. Use the Services for any fraudulent or unlawful purpose.
c. Transfer (in whole or in part) any right to use the Services, unless such transfer is expressly authorized in writing by the WaktiPlay.
d. Exchange (in whole or in part) any right to use the Services for any cash, property or any property benefits, or advertise, notice or solicit the making of any such exchange.
e. Attempt to gain for yourself or any other person any unfair advantage with respect to the use of the Services, including by using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software, or by exploiting any bugs or errors in the Services. You also agree not to inform any person (other than WaktiPlay) of such bugs or errors.
f. Use the Services in connection with designing or assisting in the design of cheats, automation software, bots, hacks, mods, or any other unauthorized third-party software.
g. Use the Services to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Services.
h. Impersonate any person or entity (whether real or fictional), including without limitation any representative of WaktiPlay; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Services; provide a false birth date or country of residence when registering ; or express or imply that WaktiPlay endorses any statement that you make.
i. Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available, including by taking any action that imposes an unreasonable or disproportionately large load upon the Services or upon such servers or networks; or violate any requirements, procedures, policies, or regulations of such networks.
j. Restrict or inhibit any other person from using the Services (including without limitation by hacking or defacing any portion of the Services).
k. Use the Services to advertise or offer to sell or buy any goods or services.
l. License, sublicense, transfer, assign, reproduce, duplicate, copy, sell, resell, distribute, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Services.
m. Modify, adapt, make derivate works of, translate, reverse engineer, decompile, or disassemble any portion of the Services.
n. Remove any copyright, trademark, or other proprietary rights notice from the Services or materials originating from the Services.
o. Frame or mirror any part of the Services without WaktiPlay express prior written consent.
p. Create a database by systematically downloading and storing information and materials available on or through the Services.
q. Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather information and materials available on or through the Services or reproduce or circumvent the navigational structure or presentation of the Services without WaktiPlay express prior written consent.
r. Post expressions relating to suicide or other forms of self-inflicted harm.
s. Commit any act that WaktiPlay determines will adversely affect minors.
t. Commit any act WaktiPlay determines the main purpose of which is to seek or solicit dating or other social encounters.
u. Post expressions that may lead to discrimination based upon ethnic groups, race, gender, age or other factors.
v. Provide or offer to provide medical care, whether for profit or non-profit purposes.
w. Engage in or promote any political or religious discussions or activities.
x. Re-register or attempt to re-register for the Services, if you have been removed from the Services as a result of having engaged in or promoting any prohibited activities, whether intentionally or unintentionally.
y. Commit any other act that is reasonably determined by WaktiPlay to be inappropriate.
In addition, you warrant that you are not a member of any criminal organization or any other anti-social force and you have no business relationship or any other relationship with any anti-social force.
9. Use of Coins and Digital Media
2. The use of digital content provided by third parties through the Services is subject to the terms and conditions of the Digital Content Policy (vgame.waktiplay.com) and incorporated herein by this reference.
10. Third Party Services
2. Other websites may provide links to the Services with or without WaktiPlay’s authorization. You acknowledge and agree that WaktiPlay does not endorse such websites, and is not and will not be responsible or liable for any links from those websites to the Services, any content, advertising, products and/or other materials available on or through such other sites, and/or any loss and/or damages incurred by you in connection therewith. WaktiPlay will have the right, at any time and in its sole discretion, to block links to the Services through technological or other means without prior notice.
3. YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES, INCLUDING, WITHOUT LIMITATION, YOUR USE OF ANY APPLICATIONS, CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS AND/OR OTHER MATERIALS ON AND/OR AVAILABLE THROUGH SUCH THIRD PARTY WEBSITES AND/OR RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
11. User Liabilities and Exemption of WaktiPlay Liability
2. Even if descriptions such as “get,” “buy” and/or “purchase” are used for the Services provided to you, you will only have the right to use the Services within the prescribed scope in the Services and will not obtain any ownership, intellectual property right and/or other rights in and/or to the Services, all of which are retained by WaktiPlay and its licensors.
12. Dispute with Third Parties
1. If a dispute arises between you and any third party (including other users of the Services) with respect to your use of the Services, you (and not WaktiPlay) will be responsible to resolve the dispute, and you will indemnify and hold harmless WaktiPlay Indemnified Parties for any claims, losses, liabilities, damages, costs and expenses (including, without limitation, attorney fees and other costs) incurred by any such WaktiPlay Indemnified Parties arising out of or related to such dispute.
3.You will indemnify and hold harmless WaktiPlay Indemnified Parties for any claims, losses, liabilities, damages, costs and expenses (including, without limitation, attorney fees and other costs) incurred by any such WaktiPlay Indemnified Parties arising out of and/or related to your infringement (and/or the allegation of your infringement) of a third party’s rights.
13. Governing Law, Arbitration, Jurisdiction
14. Severability of Laws
15. Miscellaneous Provisions
1. Disclaimers; No Warranties
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ANY CONTENT, APPLICATIONS, OR MATERIALS PROVIDED THEREUNDER, ARE PROVIDED ON AN “AS IS” BASIS AND WAKTIPLAY HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING: (A) WAKTIPLAY CANNOT AND DOES NOT GUARANTEE ANY SPECIFIC RESULTS FROM THE USE OF THE SERVICES AND WAKTIPLAY SPECIFICALLY DISCLAIMS ALL CLAIMS AND WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE AND ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE,OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF, ANY CONTENT OR ANY USER COMMUNICATION OR MESSAGE; (B) WAKTIPLAY DOES NOT REPRESENT OR WARRANT THAT APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS ON THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACCORDINGLY, YOU SHOULD ALWAYS EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH APPLICATIONS, GAMES, CONTENT, DATA OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISABLE OR BLOCK VIRUSES, MALWARE AND OTHER MALICIOUS CODE; (C) YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, ACCESS OR OTHERWISE OBTAIN APPLICATIONS, GAMES, CONTENT, DATA AND MATERIALS FROM THE SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY PROBLEMS, TECHNICAL MALFUNCTION, HARM OR OTHER DAMAGES TO YOUR MOBILE PHONE OR MOBILE DEVICE OR COMPUTER SYSTEM, ANY LOSS OF DATA, AND ANY OTHER DAMAGE OR HARM OF ANY KIND THAT MAY RESULT THEREFROM; (D) WAKTIPLAY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY MOBILE PHONE OR MOBILE DEVICE, TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR HARM TO USERS OR TO ANY MOBILE PHONE, MOBILE DEVICE OR COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES; (E) UNDER NO CIRCUMSTANCES WILL WAKTIPLAY BE RESPONSIBLE FOR ANY USER SUBMISSIONS POSTED ON OR THROUGH THE SERVICES, INCLUDING ANY LOSS, HARM, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF SUCH USER SUBMISSIONS; AND (F) WAKTIPLAY IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND DISCLAIMERS OF WARRANTIES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND DISCLAIMERS WILL NOT APPLY TO YOU, IN WHICH CASE THE WARRANTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU ACKNOWLEDGE THAT THE DISCLAIMERS, LIMITATIONS AND WAIVERS OF LIABILITY CONTAINED HEREIN WILL SURVIVE ANY TERMINATION OF YOUR ACCOUNT(S) OR ANY SERVICES. THE EXCLUSIONS AND DISCLAIMERS SET FORTH IN THIS SECTION 15.1 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.
2. Limitation of Liability
IN NO EVENT WILL THE WAKTIPLAY, ITS AFFILIATES, OR ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOSS OF DATA, ARISING OUT OF OR RESULTING FROM USERS’ USE OF THE SERVICES, EVEN IF WAKTIPLAY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH HEREIN, WAKTIPLAY’S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US$100). TO THE EXTENT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSIONS AND LIMITATIONS OF DAMAGES AS SET FORTH ABOVE, SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU, IN WHICH CASE WAKTIPLAY’S LIABILITY TO YOU WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION 15.2 WILL SURVIVE ANY TERMINATION OR EXPIRATION OF YOUR REGISTERED USER ACCOUNT OR YOUR USE OF THE SERVICES.
4. General Provisions
a. You agree to be responsible for obtaining and maintaining all mobile devices and any other equipment needed for access to and use of the Services, and all charges related thereto.
c. The information and materials provided on the Services are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject WaktiPlay to any registration requirement within such jurisdiction or country.
g. WaktiPlay shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including without limitation any failure to perform hereunder due to acts of God, war, acts of civil or military authorities, terrorism, riots, embargoes, strikes, or energy shortages.
j. WaktiPlay hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the web sites: WaktiPlay (http://vgame.waktiplay.com). Please note that WaktiPlay does not endorse any of the products or services listed at such site.
If you have a question or complaint regarding the Services, please contact WaktiPlay by emailing us firstname.lastname@example.org.