Last Updated: September 13, 2018
The Service is owned and provided by WINR. You are granted a limited, revocable, non-transferable, non-sub-licensable, non-exclusive limited right and license to use the Service, including the Content (as defined below) therein accessible through this Service, solely for your own personal use, on computers, smartphones or other mobile devices that you own or control. WINR can terminate this license at any time and with or without any reason. The layout, content, graphics, photographs, images, audio, video, processes, trademarks, service marks, trade names and other information including, without limitation, the ’look and feel’ of the Service (collectively, the “Content”) are proprietary to WINR, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws, and you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content.
Any unauthorized copying, redistribution, reproduction or modification of this Service (including any element of the Content) by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. You agree to comply with all copyright laws worldwide in your use of this Service and to prevent any unauthorized copying, redistribution, reproduction or modification of this Service or any of the Content.
Certain names, graphics, logos, icons, designs, words, titles and phrases on this Service, including without limitation “WINR,” constitute trade-marks, trade names, trade dress and associated products and services of WINR or its affiliates (the “Marks”) or constitute trade-marks, trade names, trade dress and associated products and services of WINR suppliers or other third parties (the “Third Party Marks”) and are protected in Canada and internationally and their display on this Service does not convey or create any licence or other rights in the Marks or the Third Party Marks. Any use of the Marks or the Third Party Marks, in whole or in part, without prior written authorization of WINR or such third party, as applicable, is strictly prohibited.
In order to use the WINR Apps, you must register for an account with WINR (the “WINR Account”) and you must be 14 years of age or older in the jurisdiction in which you reside as of the time you register with us. You represent and warrant that the registration and WINR Account-related information you provide is accurate and will be kept up-to-date. You alone are responsible for any and all activity that occurs on any of the WINR Apps through your WINR Account, and you agree to immediately notify us upon becoming aware of any unauthorized use of your WINR Account or any other breach of security related to the Service.
The Service is not targeted at children under the age of 14, and they are not permitted to use the Service. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Service, you affirm you are at least 14 years old.
You must not use this Service in any manner that is unlawful (including by accessing this Service from any location where such access may be illegal or prohibited), unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), or is otherwise objectionable or which does not respect the legal rights and interests of others.
Your use of the WINR Apps may allow you to earn tickets (“Tickets”) in various ways, including (i) playing the games made available through certainWINR Apps, (ii) completing challenges (iii) watching videos ads, and (iv) sharing through social media. Once earned, your Tickets can either be: (i) stored in your WINR bank for later use in an applicable WINR contest; (ii) converted into cash that can be stored in your WINR wallet (subject to applicable conversion rates and minimum amounts set out on the Service); or (iii) used to enter into an applicable WINR contest (subject to applicable contest rules).
If you elect to convert Tickets stored in your WINR bank into cash, upon request and subject to minimum amounts set out in the Service, such cash may be paid out to you by WINR (or a third party payment processor on our behalf). Upon submitting your request for payment, WINR may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such request or payment, as applicable. If your request for payment is approved by WINR, information will be sent to our third party payment processor and such payment will be processed on behalf of WINR using their secure site. WINR is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Tickets you convert to cash. You are responsible for and agree to promptly pay, all charges, including applicable taxes and processing fees in respect of any Tickets you convert to cash. Personal information that you submit during the payment process is subject to our Privacy Statement.
You agree and accept responsibility for keeping all your WINR Account information current, including address, payment information, telephone number, and email address. WINR reserves the right to change the conversion rates, fees and charges associated with the Service at any time and from time to time without any notice to you or any other person or any liability.
UPON WRITTEN NOTICE TO YOU, WINR ALSO RESERVES THE RIGHT, WITHOUT LIABILITY, TO VOID OR CANCEL TICKETS OR CASH STORED IN YOUR WINR BANK OR WALLET IF YOUR WINR ACCOUNT IS INACTIVE FOR 6 MONTHS. BY ACCEPTING THESE TERMS, YOU AGREE THAT WINR REPRESENTATIVES (AS DEFINED BELOW) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY YOU AGAINST ANY LIABILITY FOR INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS (INCLUDING YOURSELF) OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR INACTIVITY ON THE SERVICE OR ACCEPTANCE, POSSESSION, MISUSE OR USE OF ANY PAYMENTS FROM WINR.
We reserve the right (but have no obligation) to review any content that you upload or share through the Service. We may remove any content that violates the Code of Conduct.
Upon termination or suspension of your use, regardless of the reasons therefore, your right to use this Service immediately ceases, and you acknowledge and agree that you shall immediately deactivate or uninstall the applicable WINR App and all related information and files on your device and/or bar any further access to such files or this Service. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, LIABILITY OR CERTAIN DAMAGES OR LIMITATIONS OF REPRESENTATIONS MADE CONCERNING GOODS OR SERVICES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
We make no representation or warranty and there are no conditions of any kind regarding this Service, the Content or the Postings, including without limitation any representation, warranty or condition regarding the accuracy, reliability, currency, or completeness of the Content or the Postings, including that they are appropriate or available for use at any locations outside Canada. Accessing the Service, the Content or the Postings from locations where the Service, the Content or the Postings is illegal is prohibited. Any diversion of the services and/or any Content or Postings obtained from or through the services contrary to Canadian law is also prohibited. If you access this Service from locations other than Canada, then you do so on your own initiative and you are solely responsible for compliance with all applicable laws.
YOU ACKNOWLEDGE AND AGREE THAT THIS SERVICE (INCLUDING WITHOUT LIMITATION THE CONTENT AND THE POSTINGS) IS PROVIDED ON AN “AS IS” BASIS AND THAT ANY USE OF OR RELIANCE ON THIS SERVICE SHALL BE AT YOUR SOLE RISK. WE DO NOT SCREEN OR CENSOR THE POSTINGS.
WINR AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR THOSE ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE WITH RESPECT TO THIS SERVICE (INCLUDING THE CONTENT OR POSTINGS). FOR GREATER CERTAINTY, WINR DOES NOT WARRANT THAT THIS SERVICE WILL (i) MEET YOUR REQUIREMENTS, (ii) BE COMPATIBLE WITH YOUR COMPUTER OR MOBILE DEVICE OR ANY RELATED EQUIPMENT, (iii) BE RELIABLE, ACCURATE, AUTHENTIC, CURRENT OR COMPLETE, (iv) CONTINUE TO OPERATE, (v) OPERATE WITHOUT INTERRUPTIONS, (vi) BE ERROR-FREE OR (VII) BE FREE OF VIRUSES, WORMS, DISABLING PROGRAMMING CODES, INSTRUCTIONS OR OTHER SUCH ITEMS KNOWN AT THE TIME OF DELIVERY THAT MAY THREATEN, INFECT, DAMAGE, DISABLE OR OTHERWISE INTERFERE WITH THE SERVICE.
YOU AGREE THAT IN NO EVENT WILL WINR AND ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES (COLLECTIVELY “WINR REPRESENTATIVES”) HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION WITH THIS SERVICE, THE CONTENT AND THE POSTINGS FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM), TORT (INCLUDING NEGLIGENCE) OR OTHER LEGAL OR EQUITABLE BASIS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR DATA, DAMAGE TO EQUIPMENT, LOSS OF PROFIT, LOSS OF SAVINGS OR REVENUE, LOSS OF GOODWILL OR OTHER ECONOMIC LOSS), ARISING FROM OR IN CONNECTION WITH OR RELATING TO THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY OR LOSS OF USE OF OR ACCESS TO, THIS SERVICE, THE CONTENT OR THE POSTINGS OR ANY CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES (INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES, CONTENT OR POSTINGS, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION TO OR FROM SUCH WEB SITES), EVEN IF WE OR ANY WINR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
YOU ACKNOWLEDGE THAT WINR ACTS AS TRUSTEE FOR THE WINR REPRESENTATIVES WITH RESPECT TO ALL RIGHTS CONTEMPLATED HEREUNDER ARISING IN FAVOUR OF A WINR REPRESENTATIVE. WINR AGREES TO ACCEPT SUCH TRUST AND HOLD AND ENFORCE SUCH RIGHTS ON BEHALF OF EACH WINR REPRESENTATIVE.
In particular, you agree to indemnify WINR Representatives, suppliers and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any information your obtain through the Service.
Any personal information which WINR collects via this Service or indirectly via third party service provider is subject to the Privacy Statement available at http:// [insert hyperlink]>/p>
When you interact with this Service, you agree that information about you and your use of this Service, including but not limited to, the type of device, your mobile carrier, your internet access provider, your physical location, and/or web pages containing plugins that load in your browser may be communicated to us
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, including: (i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, this Service; (ii) removing, adding, modifying or otherwise changing any fees or charges arising out of use of this Service or any features of this Service; and (iii) removing, adding, modifying or otherwise changing any Content on this Service. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so.
Certain links on this Service or in Postings made or shared through this Service may take you to other web sites that are not owned or operated by WINR. WINR provides these links only as a convenience. WINR is not responsible for the content of any such linked web sites. WINR makes no representation or warranty regarding, and does not endorse, such linked web sites, the information or other content appearing thereon or any of the products or services available on or through such web sites. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. We welcome you to link to this Service. However, you agree that if you link to this Service your website shall not (a) alter the visual presentation of this Service; (b) imply that WINR or any WINR Apps are endorsing you or any other person, or your or such other person’s products or services; (c) imply an affiliation between you or any other person, or your or such other person’s products or services, and WINR or any WINR Apps without the prior written consent of WINR; (d) misrepresent the relationship of you or any other person with WINR or any WINR Apps or present false, misleading or otherwise damaging information or impressions about WINR or any WINR Apps or any of its products or services; or (e) contain materials that may be illegal or interpreted as distasteful, harmful, offensive, or inaccurate.
You acknowledge and agree that in no event will WINR provide any form of remuneration for any links you may make to this Service.
Any non-identifiable information gathered by us through your use of this Service may be used by us for our own marketing, promotional and product development purposes and more specifically may be stored in a database and used by us to identify, customize and personalize user access, and assess utilization of this Service. Such information may be shared with our affiliates, suppliers, licensors, partners and clients in furtherance of the forgoing purposes.
Subject to any applicable law and the requirements of our Privacy Statement:
We do not wish to obtain unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Submissions”) to us.
Any communications sent by you to us via this Service or otherwise, including Submissions, whether solicited by us or otherwise, are on a non-confidential basis (other than personal information which is covered under our Privacy Statement), and we are free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. You agree to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, trade secret, unfair competition, moral rights, or implied contract) and you hereby waive such moral rights in favour of WINR and its affiliates, licensees, successors and assignees. You also acknowledge that you have no right to receive any financial or other consideration in connection with such communication.
We are not obliged to monitor, screen, police or edit your use of this Service, including any Postings or other content you or others may contribute to this Service, although we may choose to do so in our sole discretion. We will respond as we consider appropriate, in our sole discretion, if we become aware of any inappropriate uses of this Service, including without limitation use that constitute copyright infringement.
The parties have required that this agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y attachent soient rédigés en langue anglaise.
All notices to us shall be in writing and shall be made via email. Notices to us must be sent to the attention of our customer service representatives at [email protected] Notices to you may be sent, in our sole discretion, to the address or email address supplied by you as part of your membership.