Terms & Conditions
Effective date: July 10th 2022
Welcome to mWinner.
1. Basic Terms
The Service enables its users ("Users" or "you") to play games, be presented in high scores rankings and list of winners and share User Content including comments and other media. Users can share the User Content they create using features of the Service. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof.
mWinner application is available free of charge and there are no payments related to the use of the service.
Your use of mWinner may allow you to earn tickets ("Tickets") in various ways, including daily login, quests, playing games and battles, completing the tasks, sharing the application with friends. Tickets are used to enter into an applicable mWinner contest (subject to applicable Contest rules).
If you are selected to convert Tickets into cash prize, such prize may be paid out to you by mWinner (or a third-party payment processor on our behalf). mWinner may, in its sole discretion, for any reason whatsoever, reject, cancel or terminate such payment, as applicable. mWinner is not responsible for reporting or paying any applicable taxes or processing fees in respect of any Ticket convert to cash prize. You are responsible for and agree to promptly pay, all charges, including applicable taxes and processing fees in respect of any Tickets you get to convert to cash. Personal information that you submit is subject to our privacy statement.
The Service is intended solely for persons who are 13 or older. If you are not 13 or older, do not use the Service.
We reserve the right to modify, suspend, or terminate the Service or your access to the Service at any time, for any reason, and without notice or liability to you. We reserve the right to refuse access to the Service to anyone for any reason at any time. We shall not be liable to you or any third party should we exercise such right, in whole or in part.
You understand and acknowledge that the Service is provided "AS IS." We assume no responsibility for the creation, delivery, or deletion of User Content, or for the failure to store any User Content or settings on the Service. You understand and acknowledge that temporary interruptions of the Service may occur. You also understand and acknowledge that we have no control over third party services accessible through our Service and therefore, we cannot control disruptions on, interactions with, or the performance of these other services.
2. Modification to Terms
We reserve the right to modify these Terms at any time. The date of last modification preceded these Terms. When we make modifications that we consider material, we may attempt to notify you through the Service; however, you should periodically review the most up-to-date version of the Terms. Modifications are effective when posted, and your use of the Service after the effective date constitutes your acceptance of the Terms as modified.
4. Use of the Service
You are not required to register to use the Service, but full access to the Service is only available to registered users. You can register an account with mWinner using your email address or Facebook account or phone number.
mWinner gives you a personal, non-commercial, worldwide, royalty-free, non-assignable, and non-exclusive license to use the software that is provided to you by mWinner as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Service as provided by mWinner, in the manner permitted by these Terms.
You are responsible for safeguarding your password or access to the Service. You are also responsible for all activity that occurs under your mWinner account, whether or not such activity was authorized by you. mWinner will not be liable for any loss or damage arising from your failure to safeguard your password or from allowing others to use your mWinner account.
Notwithstanding any other rights of mWinner set forth herein, in appropriate circumstances we may disallow, reassign, or remove certain usernames or terminate your account, with or without prior notice, if activity on your account constitutes a violation of either these Terms or any applicable laws or regulations, or constitutes an infringement or violation of the rights of any third party.
5. Content on the Service
The Service allows you to play games and post comments and other media to the Service, collect Tickets and enter these into regular Contests (i.e., User Content). We reserve the right at all times (but will not have an obligation) to remove any User Content on the Service.
6. mWinner Rights
All right, title, and interest in and to the Service are and will remain the exclusive property of mWinner. The Service is protected by copyright, trademark, and other applicable laws of the India. mWinner reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
7. Restrictions on Content and Use of the Service
To ensure that we provide the best service to all of our Users, you agree to use the Service in a manner consistent with the following restrictions.
You may not post User Content that:
• Violates any rights of a third party, such as copyright, trademark, privacy, and publicity rights
• Contains sexually explicit or pornographic content
• Contains content that is abusive, defamatory, derogatory, discriminatory, or harassing, or that incites hatred against any individual or group
• Contains a direct and specific threat of violence to others
• Impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others
• Exploits minors
• Depicts unlawful acts, extreme or real-life violence, or self-harm
• Depicts cruelty towards animals
• Constitutes spam or an abuse of social media tags
• Promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures
• Violates any law or is otherwise in furtherance of an illegal activity
You may not engage in the following prohibited activities while accessing or using the Service:
• Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures
• Access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by mWinner
• Scrape the Service, or scrape User Content from the Service, without the express prior consent of mWinner
• Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive, or false source-identifying information
• Interfere with or disrupt (or attempt to interfere with or disrupt) access to the Service of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Service
We reserve the right to enforce, or not enforce, these restrictions in our sole discretion, and these restrictions do not create a duty or contractual obligation for us to act in any particular manner.
10. Term and Termination
The Terms will continue to apply until terminated by either you or mWinner as set forth below. You may end your agreement with mWinner at any time for any reason by discontinuing your use of the Service.
mWinner may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of this Service, suspend or terminate your access to or cease providing you with all or part of the Service at any time for any reason. Including (i) changing the availability of, restricting access to, or imposing limited on any or all features or services on, or link to, this Service; (ii) removing, adding, modifying or otherwise changing 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 of 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.
11. Disclaimer of Warranties
We endeavour to provide the best service we can, but your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis, without express or implied warranty or condition of any kind. TO THE EXTENT PERMITTED BY LAW, mWinner DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
mWinner makes no representations or warranties of any kind with respect to the Service, and disclaims all responsibility and liability arising out of or in any way connected with the following:
• Completeness, accuracy, availability, timeliness, security or reliability of the Service or any User Content
• Any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any User Content
• Deletion of, or the failure to store or to transmit, any User Content and other communications maintained by the Service
• Whether the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis
The Services may contain links to third-party websites or resources. mWinner has not reviewed all of the links and you acknowledge and agree that we are not responsible or liable for the availability or accuracy of such websites or resources, or the content, products, or services displayed on or available from such websites or resources.
No advice or information, whether oral or written, obtained from mWinner or through the Service, will create any warranty not expressly made herein.
12. Limitations of Liability
To the maximum extent permitted by applicable law, mWinner shall not be liable for any consequential, incidental, indirect, punitive, or special damages of any kind, or any damages whatsoever, or loss of profits or revenues, whether incurred directly or indirectly, or any loss or data, use, goodwill, or other intangible losses, resulting from:
1. Your access to or use of, or inability to access or use, the service:
2. Any conduct or user content or any third party on the service, including without limitation, any defamatory, offensive, or illegal conduct or other users or third parties;
3. Any content obtained from the service; or
4. Unauthorized access, use, or alteration of your user content.
The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not mWinner has been informed or the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
In particular, you agree to indemnify mWinner 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 you obtain through the Service.
14. Applicable Law and Jurisdiction
These Terms and all matters relating to it shall be governed by, and construed in accordance with the laws of the India. Any action or proceeding arising out of or relating to this Contract or the Services shall be brought and maintained exclusively by New Delhi courts.
15. Entire Agreement
16. Waiver and Severability
The failure of mWinner 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, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Questions & Contact
The Service is operated and provided by mWinner. If you have any questions or comments regarding these Terms, please contact us at firstname.lastname@example.org
Thank you for reading our Terms.