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WINKEL PLAY DAILY WEBSITE TERMS OF USE

UNITED STATES

1.   About these terms
 

1.1    These terms of use (“Terms”) explain how you may use our website and any of its content (“Website”). These Terms apply between Winkel Limited (“we”, “us” and “our”) and any person accessing and using our Website (“you” and “your”) on any electronic device.


1.2    Before you use our Website you should read these Terms carefully. By using our Website you express your consent to be bound by these Terms. If you do not agree to any of the provisions of these Terms, you should not use our Website and leave immediately.


1.3    These Terms apply to any parts of the Website, its functionality and content provided to you free of charge for information or entertainment purposes only.


1.4    If you download and/or use our App, other terms and conditions apply to the use of our App.
 

2.    About us
 

2.1    We are Winkel Limited, a company registered in England and Wales with its registered office address at C/O Cox Costello & Horne Fourth & Fifth Floors, 14-15 Lower Grosvenor Place, London, England, SW1W 0EX. Our company registration number is 11645373 and our VAT registration number is 336714496.


2.2    If you have any questions about our Website or would like to contact us for any other reason, please do so via e-mail at info@winkelgames.com.
 

3.    Use of our Website
 

3.1    Our Website is for personal and non-commercial use only. Use of the Website in any other way or for any other purpose is not permitted.


3.2    You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
 

3.2.1    your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;


3.2.2    you may store files that are automatically cached by your browser for display enhancement purposes;


3.2.3    you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.


3.3    As a condition of your use of our Website, you agree not to use the Website:
 

3.3.1    in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
 

3.3.2    to commit any act of fraud;
 

3.3.3    to distribute viruses or malware or other similar harmful software code;
 

3.3.4    for purposes of promoting unsolicited advertising or sending spam;
 

3.3.5    to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
 

3.3.6    in any manner that disrupts the operation of our Website or business or the website or business of any other entity;
 

3.3.7    in any manner that harms minors;
 

3.3.8    to promote any unlawful activity;
 

3.3.9    to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
 

3.3.10    to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
 

3.3.11    to attempt to circumvent password or user authentication methods.
 

3.4    We may prevent or suspend your access to the Website if you do not comply with these Terms or any applicable law.
 

4.    Ownership and intellectual property rights
 

4.1    The intellectual property rights in the Website and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Website (“Content”) are owned by us and our licensors.
 

4.2    We and our licensors reserve all intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain the exclusive owner of such rights and that we are free to use them as we see fit.
 

4.3    Nothing in these Terms grants you any legal rights in the Website or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Website or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Website or the Content.
 

4.4    You may not use our trade marks, logos or trade names except in accordance with these Terms. Where we give permission to use our trade marks, logos or trade names, you shall do so only in accordance with the conditions we set out to you as part of such permission.

 

5.    Linking and framing
 

5.1    You may create a link to our Website from another website without our prior written consent provided no such link:

 

5.1.1    creates a frame or any other browser or border environment around the content of our Website;
 

5.1.2    implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Website;
 

5.1.3    displays any of the trade marks or logos used on our Website without our permission or that of the owner of such trade marks or logos; or
 

5.1.4    is placed on a website that itself breaches these Terms.
 

5.2    We reserve the right to require you to immediately remove any link to our Website at any time, and you shall immediately comply with any request by us to remove any such link.
 

6.    Availability and accuracy of information
 

6.1    We try to make sure that our Website is accurate, up-to-date and free from bugs, but we cannot promise that it will always be. Furthermore, we cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the Content on the Website is at your own risk.
 

6.2    We may suspend or terminate access or operation of the Website at any time as we see fit.
 

6.3    Any Content is provided for general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest, but has not been tailored to your specific requirements or circumstances. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Website and its Content.
 

6.4    While we try to make sure that the Website is available for your use, we do not promise that the Website will be available at all times or that your use of the Website will be uninterrupted.

 

7.    Hyperlinks


7.1    Our Website may contain hyperlinks or references to third party advertising and websites. Any such hyperlinks or references are provided for your convenience only. We have no control over third party advertising or websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party advertising or website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third-party site and is at your own risk.
 

8.    DISCLAIMER OF WARRANTIES


8.1    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
 

8.2    TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
 

8.3    YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
 

8.4    TO THE FULLEST EXTENT PROVIDED BY LAW, WINKEL LIMITED HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
 

8.5    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

9.    LIMITATION OF LIABILITY


9.1    TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WINKEL LIMITED, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
 

9.2    The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
 

9.3    THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
 

10.    Indemnification

10.1    You agree to defend, indemnify, and hold harmless Winkel Limited, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to any use of the Website's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

 

11.    Transfer to another entity
 

We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.
 

12.    Personal information
 

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy which explains what personal information we collect from you, how and why we collect, store, use and share such personal information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
 

13.    Changes to these Terms
 

We may amend these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. Every time you wish to use our Website, please check these Terms to ensure you understand the terms that apply at that time.
 

14.    Waiver and severability
 

14.1    No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
 

14.2    If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
 

15.    Which country’s laws apply to disputes
 

15.1    All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

 

15.2    Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of the state of California, in each case located in the City of Los Angeles, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.