Last updated: January 21, 2023
These Terms of Service (these “Terms”) govern the relationship between you and Xoin Inc. (“Xoin Games”, “Xoin”, “The Company”, “we”, “our” or “us”), between you and us and set forth the terms and conditions on which you may access and use (a) the websites operated at www.xoingames.com, forums moderated by us in relation to our products and services, and other locations from time to time (the “Website”), (b) the video games any other applications or other software we provide you (the “Application”) whether on your computer, on your mobile device, on a website, on a console, PC, or platform, including Facebook(each a “Game” and collectively, “Games”)., and excluding all third party software that may interact with the Service as defined below, and (c) the services we provide through the Website and the Application (collectively, the “Service”).
These terms can be viewed in many places including the app store or platform that you download our Games from (this may include but is not limited to: the Apple App Store, Google Play Store, Amazon App Store, Samsung Store, and/or STEAM), on any website or platform where you can play our Games (i.e. www.facebook.com or store.steampowered.com), and on our website at www.xoingames.com (referred to throughout as the “Website”). You agree that by accessing and/or using our Services, you are agreeing to the outlined terms and our Privacy Policy (see paragraph: Privacy below).
THESE TERMS CONTAIN LEGAL OBLIGATIONS AND FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE TAKE THE TIME TO READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU OWE TO US. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE SERVICES.
PLEASE NOTE THAT DIFFERENT TERMS MAY APPLY TO YOU BASED ON WHERE YOU LIVE. MAKE SURE YOU READ THE JURISDICTION-SPECIFIC TERMS FOR YOUR COUNTRY OF RESIDENCE, AS APPLICABLE.
CLASS ACTION WAIVER NOTICE FOR USERS IN THE UNITED STATES: UNLESS YOU OPT OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THESE TERMS BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE JURISDICTION-SPECIFIC LANGUAGE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
THE SERVICE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13, AND SPECIAL CONDITIONS APPLY TO MINORS. IF YOU ARE AT LEAST AGE 13 BUT BELOW THE AGE OF MAJORITY IN YOUR STATE OR PROVINCE OF RESIDENCE, YOU MAY ONLY USE THE SERVICE UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS.
BY SELECTING “I ACCEPT” OR BY USING OR ACCESSING THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS AND OUR PRIVACY POLICY https://www.xoingames.com/privacy-policy WHICH FORMS AN ESSENTIAL PART OF THESE TERMS. YOU MAY NOT USE THE SERVICES FOR ANY REASON NOT EXPRESSLY ALLOWED BY THESE TERMS, OR IN ANY WAY THAT CONTRAVENES THESE TERMS AND CONDITIONS.
IF YOU (A) DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY; (B) ARE UNDER THE AGE OF 13; OR (C) IF YOU ARE PROHIBITED FROM ACCESSING OR USING THE SERVICE BY LOCAL LAWS WHICH ARE APPLICABLE TO YOU, YOU MUST NOT ACCESS OR USE THE SERVICE.
1) Changes to the Terms
We may amend these Terms from time to time for any reason, including to reflect changes to the Service, our users’ needs, our business priorities, and the law. We will notify all users of any material changes to these Terms, such as through a notice on our Service. However, you should also look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflects the effective date of such Terms. The latest version of these terms can be viewed at any time at www.xoingames.com. Your continued access or use of the Service after the date of the new Terms constitutes your acceptance of, and agreement to be bound by, the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Service.
2) Accounts
2.1) When using our Services you may choose to create an account with us. If you do create an account with us, you agree that you shall take all steps necessary to protect your login details and keep them secret.
2.2) You agree that you shall not give or share your login details with anyone else or allow anyone else to use your login details or account.
2.3) In these terms, references to “login details” or “account” include your login details and account for any social network or platform that you may connect to and allow our Services to interact with.
2.4) We will be entitled to assume that anyone logging into your account using your login details is either you or someone logging in with your permission. If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
2.5) We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using our Services and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
2.6) If no activity is conducted by you for an extended period of time in relation to the account, we reserve the right to delete your account. In such event, you may no longer be able to access and/or use any Virtual Currency and/or Virtual Commodities (as defined below) associated with that account and no refund will be offered to you in relation to the same.
2.7) You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games, and any Virtual Currency or Virtual Commodities associated with your account).
2.8) You acknowledge and agree that you shall have no ownership or other property interest in any account that you create using any of our Services. We may suspend, terminate, modify, or delete any of these accounts at any time for any reason or no reason, with or without notice to you.
2.9) You are the only person who should access your account, it is personal to you and you are not entitled to transfer your account to any other person.
3) Fees and Refunds
3.1) Payment
3.1.1) You may access certain portions of the Service for free, but you may be required to pay a fee to access certain features of the Service or to gain access to certain virtual items. The Company may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on a limited, personal, non-transferable, non-sublicensable, and revocable basis and limited only for non-commercial use.
3.1.2) A “purchase” is said to be complete at the time our servers validate your purchase and the applicable Virtual Commodities and/or Virtual Currency are successfully credited to your account on our servers.
3.1.3) All purchases are processed and made through the Apple iTunes Store or the Google Play store (each a “Third Party App Store”). You agree to provide accurate and complete payment information to Apple or Google. You further agree to pay all fees and taxes incurred by your account.
3.1.4) We reserve the right to change the pricing of the Service and any paid virtual items from time to time as we may determine at our sole discretion with or without notice. Any change will not affect virtual items you have already purchased at the time the change comes into effect. In addition, we may modify our fees from time to time. In the event, you are accessing the Service under a Subscription and the Subscription fee for the Service you are using has been modified such that you are required to pay a different fee than at the time you entered into these Terms, you will (a) be notified at your contact (e.g email address) for you on file at least thirty (30) days before you are billed at the different rate, and (b) have the opportunity to cancel your Subscription. If you do not cancel your Subscription before the next billing renewal date, you will be deemed to have accepted the new fees.
3.1.5) The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any.
3.1.6) Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real-world money. Neither Xoin Inc. nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Xoin Inc. has no liability for hacking or loss of your Virtual Items.
3.1.7) If you do not connect your gameplay on a device to an account that is linked to either your social network account or a Xoin Inc. Account, we will not be able to restore any Virtual Currency or other data associated with your Gameplay to a different device. This includes if you lose that device or it is damaged. Accordingly, on a device that is not connected in this way:
• Any risk of loss of Virtual Currency that you purchase from us is transferred to you upon completion of the purchase.
• Any risk of loss of Virtual Currency that you receive from us without making a purchase is transferred to you at the time the Virtual Currency is successfully credited to your account on our servers; and
• Any risk of loss of other data associated with your Gameplay (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time that Game play data is created by you.
3.2) Automatically Renewing Subscriptions
3.2.1) Some parts of the Service are billed on a subscription basis (“Subscription(s)”). If you purchase a membership to the Subscription, except where prohibited by law, it will automatically renew at the beginning of each billing period [(i.e., on a monthly basis)] on the same terms until you cancel using any of the cancellation methods below. To check your next renewal date, log on to your Third Party App Store account and look at the last payment date for your Subscription.
3.2.2) Trial Subscription may offer free of charge for a certain period of time from activation specified in the relevant offer in the Game. If you do not cancel the Subscription within such period, the Subscription Fee shall be taken from Your Account when the trial period expires. Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-day trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. Xoin Games can not cancel your free-trial subscription if it has already been activated.
3.2.3) Subscription is automatically renewable unless you turn it off at least 24 hours before the expiry of the current Subscription. The subscription Fee shall be taken from Your Account within 24 hours preceding the expiry of the current Subscription. In case the Subscription Fee cannot be taken from Your Account due to the absence of monetary funds, the invalidity of your credit card, or for any other reasons, Your Subscription is automatically canceled.
3.3) Refund
3.3.1) We’ll refund most items that you buy with real money and use or receive in-game within 14 days of purchase, as long as they have not been claimed by the user, opened, or otherwise used the item. Any other way, the sale is final and we will not provide a refund unless otherwise required by applicable law. Your purchase will be subject to the applicable payment policy of Apple or Google, or Valve’s Steam.
3.3.2) User agrees that for all sales that are final, Xoin Games will not refund any transaction or any cost taxes expenses related thereto once it has been made. Additionally, the User is not entitled to claim any right, compensation, damage, or refund for the Virtual Items or additional items.
3.3.3) We’ll refund any unused and unprovided subscription services within 14 days of the purchase. We won’t refund subscription time lost due to a suspension and/or permanent account closure. For permanent account closures and suspensions, please cancel your subscription described above.
3.3.4) If we suspend or terminate your account in accordance with these terms you may lose any Virtual Currency and/or Virtual Commodities that you may have and we will not compensate you for this loss or make any refund to you.
3.4) Taxes
Except as may be collected by us as required by applicable law and as indicated on an order confirmation page, you are solely responsible for determining whether any taxes, including sales, value-added, or other taxes, levies, or duties, apply to your transactions on the Service and at all times, you are solely responsible for the payment of any such, applicable taxes.
4) Intellectual Property
4.1) Games provided to you are licensed to you and not sold. You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services are owned by or licensed to/by us. As between you and us, we own any and all rights, title, and interest in and to the Service and any and all data and content made available in and through the Service, including all software, computer code, tools, patches, updates, images, text, graphics, illustrations, logos, photographs, pictures, audio, sound effects, sound recordings, videos, and “look and feel” of the Service, and all intellectual property rights related to the foregoing and the Service (“Our Content”). Put simply, the Service and Our Content (including all components thereof) are the property of their respective owners and are protected by copyright, trademark, patent, or other proprietary rights.
4.2) You acknowledge and agree that you have no ownership rights in the Service or Our Content, and you only have a non-exclusive, personal, non-transferable, non-sublicensable, revocable, limited licence to access and use the Service and to access Our Content solely for your personal, non-commercial use. We reserve all rights not expressly granted herein in the Service (including Our Content).
4.3) These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed to be a part of the Services for the purposes of these terms.
4.4) You acknowledge and agree that, other than license granted to you by these terms, you shall have no ownership or property interest in any of our Services, including without limitation online accounts, any Virtual Currency, or Virtual Commodities. You must not copy, distribute, make available to the public, or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
4.5) In particular, and without limiting the application of paragraph 4.4, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Currency and/or Virtual Commodities, whether on a free of charge basis or otherwise. You acknowledge that your use of Our Content for any purpose not expressly permitted by these Terms is strictly prohibited. Our Content may not be copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent.
4.6) You cannot create any work of authorship or proprietary right based on the Service (including Our Content). You will only use the Service as may be expressly provided in this Agreement or to the extent permitted by law or (if applicable) relevant open source licences. We and our licensors reserve all rights not expressly granted in and to their content.
4.7) Where our Service may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval or endorsement by us of those linked websites or information you may obtain from them, and we are not responsible for any consequences that may arise from your access or use of such sites or resources.
5) Interactive Functions
5.1) The Service may contain interactive functionality such as applications, features, promotions, games, contests, chat functionality, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and other such functions (collectively, “Interactive Functions“) allowing content, material, or information you submit, post, publish, display, or transmit (collectively, “submit“) to the Service, to be viewed or used by us, other users or other persons via the Service (collectively, “User Submissions“) on or through the Service.
5.2) None of the User Submissions you submit to the Service will be confidential. By providing any User Submission to the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees (including broadcasters), successors, and assigns the right to a worldwide, royalty-free, perpetual, irrevocable, transferrable, sublicensable (including via multiple tiers of sublicensing), non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and to incorporate such material into any form, medium, technology, or other derivative work throughout the world without compensation to you. By submitting User Submissions, you further waive any moral rights or other rights of authorship in and to any such User Submissions in favour of the Company.
5.3) By submitting the User Submissions, you are deemed to have warranted, and you agree, that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence to the User Submissions described above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. You represent and warrant that all User Submissions comply with applicable laws and regulations and these Terms.
5.4) You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content, its accuracy, and your rights to use it. We are not responsible or legally liable to any third party for the content, accuracy, or infringing nature of any User Submissions submitted by you, and you agree to indemnify and defend us against any claims, lawsuits, or disputes brought by third parties based on the content of your User Submissions.
6) User Conduct and Content
6.1) You must comply with the laws that apply to you in the location where you access our Services from. If any of these applicable laws restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.
6.2) You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate, and complete at all times.
6.3) Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted, or otherwise made available via our Services by you or another user (“Content”). You understand and agree that all Content you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person who sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
6.4) You agree not to upload, communicate, transmit, or otherwise make available any Content:
• that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libellous, obscene, or otherwise objectionable;
• that is or could reasonably be viewed as invasive of another’s privacy;
• that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
• that is harmful to minors in any way;
• which you do not have a right to make available lawfully (i.e. inside information, information which belongs to someone else or confidential information);
• that infringes upon the intellectual property rights of Xoin Inc. or any other third party;
• which consists of any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’, and/or any other form of solicitation;
• or which contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment.
6.5) You agree that you will not:
• use another person or entity’s email address in order to sign up to use our Services;
• use our Services for fraudulent or abusive purposes (i.e. by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);
• disguise, anonymise, or hide your IP address or the source of any Content that you may upload;
• use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
• remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;
• interfere with or disrupt our Services or servers or networks that provide our Services;
• attempt to unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create any derivative works of the Service or any content included therein, including any software, or determine or attempt to determine any source code, algorithms, methods, or techniques embodied by the Service or any derivative works thereof;
• ‘harvest’, ‘scrape’, or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’, cookies, graphics interchange formats (‘gifs’), or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’);
• sell, transfer, or try to sell or transfer an account with us or any part of an account, Virtual Currency, and/or Virtual Commodities;
• disrupt the normal flow of a Game or otherwise act in a manner that is likely to negatively affect other players’ ability to compete fairly when playing our Games or engaging in real-time exchanges;
• disobey any requirements or regulations of any network connected to our Services;
• use our Services in violation of any applicable law or regulation;
• use our Services to cheat or design or assist in cheating (i.e. using automated means or third-party software to play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Services, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms;
• misuse of the “Report User” feature, including the submission of false reports,
•attempt to gain unauthorized access to the Site or Game or servers or networks connected to Games (e.g., through password mining);
• or use our Services in any other way not permitted by these terms.
If you believe that someone may be in violation of these specific terms, please contact us here: privacy@xoingames.com
6.6) We reserve the right (but have no obligation) to review any User Content at our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
6.7) You are responsible for your interactions with all other users of our Services, if found to be in violation of the outlined terms your account may be suspended and/or deleted.
7) Feedback
While we are continually working to develop, evaluate, and improve our own product ideas and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our user community. If you choose to contribute by sending us any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply to the Feedback. Accordingly, by sending Feedback to us, you agree that:
• Xoin Inc. has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
• feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidentially or to refrain from using or disclosing it in any way; and
• you irrevocably grant us an irrevocable, worldwide, perpetual, royalty-free, and unlimited licence to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified without any further compensation to you.
8) Equipment Requirement
To use the Service, you may need certain hardware, software, capabilities, and other resources (including a suitable connection to the Internet). You are solely responsible for procuring and maintaining such resources at your own cost.
9) Updates and Termination
9.1) Updates
9.1.1.) From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the Service for free or for a fee. You understand that your access to certain features of the Service might be affected by such updates. We may require you to download and install the updates or the updated version of the application to continue to use the Service. You also agree that we may use background patching to automatically update our Service and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to use the Service. In such case, you are responsible for any necessary equipment to continue to access the Service.
9.2) Suspension or Termination
9.2.1) Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
• delete, suspend, and/or modify your account or parts of your account;
• otherwise suspend and/or terminate your access to our Services;
• modify and/or remove any Virtual Currency or Virtual Commodities that may be associated with your account;
• reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games;
• cause damage to or impair the Service or infringe or violate any third party rights (including intellectual property rights);
• or violate any applicable laws or regulations.
9.3) You agree to compensate us, according to law, for all losses, harm, claims, and expenses that may arise from any breach of these terms by you.
10) Indemnity
You agree to, at your sole cost, defend, indemnify, and hold harmless Xoin Inc., subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with any of the following: (a) a breach by you, or any user of your account, of any applicable obligation, representation, or warranty under these Terms; (b) our use or publication of your User Submissions or Feedback infringes any third party intellectual property rights; (c) your access to or use of, or activities in connection with, the Service; (d) your violation of any applicable laws, rules, regulations, or contracts; or (e) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.
11) Release
You hereby irrevocably and unconditionally if you have a dispute with one or more users, you release and forever discharge Us (Xoin Inc., subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors) 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, including damages for loss of profits, goodwill, use or data. from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third-Party Advertisers. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12) DISCLAIMER OF WARRANTIES
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT, OR LIABILITY THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. HOWEVER, TO THE MAXIMUM PERMITTED EXTENT UNDER APPLICABLE LAWS, YOU AGREE THAT THESE PROVISIONS ARE INTENDED TO APPLY TO YOU.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES, OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE, OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW, OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF THE SERVICES FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
YOUR USE OF THE SERVICES MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (a) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (b) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE, AND YOUR ANONYMITY IS NOT GUARANTEED.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES, AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USER ERROR INCLUDING YOUR FAILURE TO REMEMBER OR LOSS OF PASSWORDS OR SIMILAR AUTHENTICATORS, FAILURES OF THE PUBLIC INTERNET, DENIAL-OF-SERVICE ATTACKS, DISTRIBUTED DENIAL-OF-SERVICE ATTACKS, OVERLOADING, FLOODING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
13) LIMITATION OF LIABILITY
NOTHING IN THESE TERMS WILL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES THAT MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE WILL NOT BE LIABLE TO YOU FOR: (I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL OR BUSINESS REPUTATION; (III) ANY LOSS OF OPPORTUNITY OR BUSINESS; (IV) ANY LOSS OF DATA SUFFERED BY YOU; (V) ANY INTERRUPTION OF BUSINESS; OR (VI) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID BY YOU TO US WITHIN 6 MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THE CLAIM AROSE; AND (B) CAD$100.00.
WE WILL ALSO NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY, OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
- ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT OR OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
- YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
THESE LIMITATIONS ON OUR LIABILITY TO YOU WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL 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.
14) Third Parties
14.1) Application Stores
You acknowledge and agree that the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Xoin Inc. and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support of the services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with the Game (if any). You agree to comply with, and your license to use Game is conditioned upon Your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
14.2) Third-Party Services
We may permit certain third-party applications (like leaderboards, and game networks) to provide content through the Game (“Third Party Services”). The Game may be used to send content provided by the Third-Party Service to users who have the Third-Party Service installed on their device. When you do so, we will share information with the Third-Party Service as described in our Privacy Policy. Xoin Inc. is not responsible for and does not control Third-Party Services. The Company provides these Third-Party Services only as a convenience to you. The Company has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
15) Privacy
15.1) The data controller for all personally identifiable information or personal data that we collect about you through or in relation to our Games or other Services is Xoin Inc. has a Data Protection Officer who may be reached at privacy@xoingames.com
15.2) Xoin Inc. collects, processes, uses, and shares your personal information in accordance with our Privacy Policy and as set out in these terms. If you do not agree to our Privacy Policy, you should not download or access our Games or otherwise access and/or use our Services.
15.3) This paragraph, shall not affect the provisions of paragraph “Complaint and Dispute Resolution” which shall take precedence over this paragraph.
16) Copyright Claims
If you believe that anything on the Service infringes upon any copyright which you own or control, you may file a notification of such infringement to the following contact information: privacy@xoingames.com
The notification must be a written communication that includes the following:
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• if the complaint is about copyright or other intellectual property rights, identification of the copyrighted work or other intellectual property right claimed to have been infringed, or, if multiple infringements are covered by a single notification, a representative list of such infringements;
• if the complaint is about objectionable content, the reasons for the objection;
• identification of the material that you are objecting to and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the information in the notification is accurate; and
• if the complaint is about copyright or other intellectual property rights, a statement under penalty of perjury, that (a) the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, and (b) the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the owner thereof, its agent or the law.
17) Complaints and dispute resolution
17.1) Most concerns can be solved quickly by contacting us at: privacy@xoingames.com
17.2) In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Ontario.
18) Jurisdiction and Applicable Law
18.1) Our Games and other Services are made available subject to these terms. This section explains which laws apply to these terms.
18.2) The Games and Services are made accessible, operated, and controlled by Xoin Inc. in Ontario, Canada. They can be accessed from various countries of the world. The laws of Ontario shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of the Superior Court of Ontario Canada unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.
19) Miscellaneous
19.1) Interpretation
In these Terms, (a) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms, (b) the word “including”, the word “includes” the phrase “such as”, and similar words and phrases, when following a general statement or term (whether or not non-limiting language such as “without limitation” or “but not limited to” or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word “or” between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (c) all references to Service shall also include any successor or replacement applications, websites, content, or services containing substantially similar information as the referenced Service(s).
19.2) Transferring these Terms of Service
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
19.3) Entire agreement
These terms set out the entire agreement between you and us concerning our Services (as defined at the beginning) and they replace all earlier agreements and understandings between you and us.
19.4) Social Networks
If at any time the Service includes features that operate in conjunction with certain third-party social networking websites that you visit (“Social Network Features”), your use of the Social Network Features is governed by these Terms, but your access and use of third party social networking websites and the Service provided through these websites is governed by the Terms of Use and other agreements posted on these websites. You agree that you alone are responsible for your use of the social network features and that we will not be liable to you or anyone else for your violation or breach of any terms of use or other agreement that may result from your use of the Social Network Features.
19.5) Survival
All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.
19.6) Severability
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
19.7) Language
You agree that the English language has been elected to express the terms the English version of this Terms of Service shall be deemed to be the original. Such an English version may be translated into another language for the abundance of convenience, but in the event of any dispute between the English version and the other version of this Terms, the English version shall prevail and control.
*Exception: for in Quebec, in which the French version will prevail.
Contacting Us
If there are any questions regarding this Terms of Service, you may contact us using the information below.
E-mail: privacy@xoingames.com