You acknowledge that you may access and/or download some of our Services for free, and while there may be additional content or services available for purchase within this mobile application (“In-App Purchases”), such In-App Purchases are entirely voluntary.
- LIMITED LICENSE, LOGIN INFORMATION, AND YOUR ACCOUNT & ELIGIBILITY
Limited License Grant:
Login Information and Your UWQ Account:
You may create an account with us by providing a username and/or email address and a password (“Login Information”). We may also allow you to create an account through third party social networks or services (such as Facebook, and Google) with whom you maintain an account (a “Third Party Service”).
You shall not share your Account or your Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your account. You are solely responsible for maintaining the confidentiality of your Login Information, and you will be solely responsible for all uses of your Login Information, including any purchases, In-App Purchases, Service Charges, or other changes to your UWQ Account and/or UWQ Account status, whether or not authorized by you. DMP LLP will not be responsible for anything that happens through or to your UWQ Account and/or UWQ Account status as a result of you allowing any third party to access your Login Information and/or UWQ Account.
DMP LLP reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
There are limitations on who may download and access our Services. You may not download or access our Services if you are under 12 years of age. If we learn that a user under 12 years of age is accessing our Service despite this restriction, we will immediately delete their account and all personal information we have related to their account.
- NO TRANSFER OF ACCOUNTS OR IN-GAME ITEMS
Unless otherwise specified, your UWQ Account is for your personal, non-commercial use only. You specifically agree not to: (1) share your account credentials with anyone else, (2) sell, offer to sell, rent, lease, trade or otherwise transfer your account, (3) sell, offer to sell, rent, lease, trade or otherwise transfer any content, “Finishers” or other in-game services like associated with your account (collectively, “In-Service Content”), (4) buy, offer to buy, accept, access or use any other user’s account or In-Service Content, except by using mechanisms within our Services that anticipate and specifically allow for the non-commercial transfer of In-Service Content, and (5) link to or otherwise endorse or identify any websites, organizations, or persons that sell, offer to sell, rent, lease, buy, offer to buy, accept, access, trade or otherwise transfer accounts or In-Service Content.
- INTELLECTUAL PROPERTY RIGHTS IN THE GAME
If you provide us with any suggestions for enhancement or feedback regarding our Services or any of our other products or services, you agree that we will have a perpetual, transferable, sub-licensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including by incorporating your suggestions or feedback in our Services, without any obligation to compensate you.
- CODE OF CONDUCT
You agree to comply with the following requirements (our “Code of Conduct”) when you access our Services:
You will comply with your obligations to third party mobile platform providers, such as Apple and Google, from whom you download our Service, including any terms regarding payment for In-App Purchases and Service Charges made through such platforms.
You will not attempt to obtain login information or access another user’s account or collect or harvest personal information from other users.
You will not exploit, distribute or publicly inform other users of any Service error, miscue or bug which provides for an unintended advantage or allows impersonation of another person, including by use of automated collection mechanisms such as clear graphics interchange formats (“gifs”), cookies, or similar technology.
You will not exploit differences in pricing for In-App Purchases or In-Service Content (e.g., through arbitrage) by sending altered, deceptive, or false source-identifying information, including but not limited to, by use of a proxy or spoofed IP addresses or VPNs, or by requesting that someone else make In-App Purchases or purchase In-Service Content on your behalf in order to take advantage of a difference in pricing.
You will not use our Services for any unauthorized commercial purpose, including but not limited to commercial advertisement or solicitation (such as chain letters, junk e-mail, “spam,” or other repetitive messages), or gathering or transferring In-Service Content for sale.
You will not use or design cheats, exploits, automation software, bots, hacks, mods or any unauthorized software designed to modify or interfere with our Service experience.
You will not disrupt or attempt to disrupt our Services or any other person’s use or enjoyment of our Services.
You will not attempt to gain unauthorized access to our Services, to accounts registered to others, or to networks from which portions of our Services are provided, including by circumventing or bypassing robot exclusion headers or security mechanisms for our Services.
You will not use any service or software that accesses, intercepts, “mines,” or otherwise collects information from our Services or that is in transit from or to our Services.
You will not make any automated use of our Services, or take any action that imposes an unreasonable burden on our infrastructure.
You will not use any software, technology, or device to send content or messages, scrape, spider, or crawl our Services, or harvest or manipulate data from our Services.
You will not improperly use our support services, including by submitting false reports.
Except where permitted by law or relevant open source licenses, you will not modify, reverse engineer, decompile, disassemble, decipher or otherwise try to derive the source code for our Services.
You will not copy, modify or distribute content from our Services except as specifically authorized by us.
You will not advocate, promote, encourage, or otherwise facilitate any illegal behavior, including but not limited to the use of illegal drugs, unlawful gambling or theft.
Failure to comply with this Code of Conduct may result in the suspension of your UWQ Account, or any portion of your UWQ Account, and/or subject you to any of the penalties identified in Section 11 herein.
- USER CONTENT
Our Services may include features by which users can submit or upload content, including without limitation, the ability to select profile names and names for certain In-Service Content (collectively, “User Content”) and uploading profile photo. If you create an account via a Third Party Service or otherwise “link” content associated with your Third Party Service account to your UWQ Account, your User Content includes any information or content provided to us by that Third Party Service. You represent that you have all rights and permissions necessary to submit User Content to us (including, with respect to photographs, written consent from each identifiable person therein), that your User Content is accurate, and that your User Content is not subject to any confidentiality obligations or in violation of the Code of Conduct. In addition, you represent and warrant that any User Content submitted by you does not violate or infringe upon any copyright, right of privacy, trademark, patent, trade-name, performing right or any literary, dramatic, musical, athletic, personal, private, civil, contract, or property right or any other right of any person, firm, or corporation, or contain any libelous or slanderous material.
We do not endorse any User Content supplied by other users; each user is responsible for his or her User Content, and we expressly disclaim any warranty with respect to User Content. We have no obligation to monitor User Content, and we are not responsible for monitoring our Services for inappropriate or illegal communications by other users. However, we reserve the right to block, remove or edit User Content. We may, in our discretion, choose to monitor or record your interaction with the Services you access when you are using this mobile application. You acknowledge and agree that you have no expectation of privacy in any User Content.
In addition to User Content, DMP LLP collects (i) information, content or other material that you provide to us or is otherwise transmitted in or through our Services you access or which is generated, acquired or developed when you download, install, and/or use our Services or anytime you are in contact with us and (ii) information you receive or which is transmitted to or otherwise made available to you from other users of our Services or third parties (collectively, “Service Information”). We use the Service Information in many ways, including but not limited to, to help us provide and support our services. For example, we may use the Service Information to deliver and target advertising and generate information about the reach and effectiveness of advertising through various measurements and analytics (without providing personally identifiable information about you).
- IN-APP PURCHASES, PRIZE MONEY & OWNERSHIP
Our Services may allow you to “earn” In-Service Content. You may also use real money to purchase a license to use certain In-Service Content. Purchased In-Service Content is subject to the payment terms and conditions of the mobile platform (e.g., Apple’s iOS, and Google’s Android OS,) from which you make your purchase. DMP LLP does not control or manage the payment process; please review the relevant terms and conditions with the applicable platform provider before making any In-App Purchases. When you purchase a license to use In-Service Content, you agree that we may begin to supply you with your purchased In-Service Content immediately.
Unless otherwise specified, you agree that you have no ownership interest in your UWQ Account or any In-Service Content associated with your account, regardless of whether you “earned” or “purchased” such In-Service Content. You agree that In-Service Content, including “Pro User”, “Finishers,” and any other virtual add ons within our Services are for personal non-commercial entertainment purposes, have no independent value outside of our Services, may not be redeemed for any cash value, and is simply a measurement of your limited license.
ALL SALES ARE FINAL. YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY MOBILE PLATFORM PROVIDER IS REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED IN-SERVICE CONTENT WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW. IN THE EVENT THAT YOU DO NOT RECEIVE AN IN-SERVICE ITEM THAT YOU PROPERLY PURCHASED THROUGH A PLATFORM PROVIDER, YOU MAY REQUEST A REFUND DIRECTLY FROM THAT PLATFORM PROVIDER SUBJECT TO THEIR REFUND POLICY.
DMP LLP reserves the exclusive right to reward users in accordance with the rules laid down within the Service Mobile Application, including but not limited to the form of reward, currency of payout, method of payout, quantum of reward and payout period. DMP LLP also reserves the right to alter/modify rules including the rewards anytime at its sole discretion, and the same shall be communicated to all users through push notifications or email, notwithstanding the fact that all winners of the previous week of alteration of such rules or rewards or both, shall be eligible to receive rewards on the basis of previously laid out rules and prize money reflected on the Rules page within the mobile application.
- TERMINATION & SUSPENSION
You may terminate your UWQ Account at any time, for any reason or no reason, by issuing an in-Service message or by sending an email to email@example.com with the subject entitled “Termination.”
Upon termination of your account for any reason, you agree to no longer access (or attempt to access) our Services.
- DISCLAIMER AND LIMITATION OF LIABILITY
OUR SERVICES ARE PROVIDED “AS IS,” AND USE OF OUR SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT OUR SERVICES OR ANY CONTENT OR SERVICES MADE AVAILABLE THROUGH OUR SERVICES, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AVAILABILITY. DMP LLP DOES NOT WARRANT THAT OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
ALL TRADEMARKS RELATING TO ANY FINISHERS, IMAGES, ANIMATIONS OR OTHER ITEMS IN OUR SERVICES ARE THE EXCLUSIVE PROPERTY OF THEIR RESPECTIVE OWNERS.
YOU ACKNOWLEDGE THAT, EXCEPT IN THE CASE OF WILLFUL ACTS OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE TO YOU FOR: (1) ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (2) AN AMOUNT IN EXCESS OF $100 OR THE AMOUNTS YOU HAVE PAID US FOR OUR SERVICES DURING THE 6 MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY, WHICHEVER IS GREATER; OR (3) THE CONDUCT OF THIRD PARTIES, INCLUDING THIRD PARTY SITES OR MOBILE PLATFORM PROVIDERS OR OTHER USERS OF OUR SERVICES. Certain state and national laws do not allow some of the exclusion of liability or the warranty disclaimers set forth above. Therefore, the above limitations and disclaimers may not apply to you, and you may have additional rights.
- AGREEMENT TO ARBITRATE; CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND INCLUDES WAIVER OF A TRIAL BY JURY IN A COURT AND OF THE ABILITY TO BRING ANY CLAIM ON BEHALF OF OTHERS.
This Section 13 (i.e., the “Agreement to Arbitrate”) applies to the maximum extent permitted by applicable law. If the laws of your jurisdiction prohibit the application of provisions of this Section 13 notwithstanding Section 14 below, those prohibited provisions will not apply to you. IF YOU LIVE IN THE EUROPEAN UNION, NONE OF THIS SECTION 13 APPLIES TO YOU.
Most user concerns can be resolved by contacting our customer support team at firstname.lastname@example.org. In the unlikely event that we are unable to resolve your concerns and a dispute remains, this Section explains how you and we agree to resolve it. As explained in more detail below, we each agree to resolve any dispute between us through binding arbitration or small claims court instead of in courts of general jurisdiction.
Agreement to Arbitrate & Exceptions:
If we cannot resolve our dispute through customer support, YOU AND WE AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION, INCLUDING CLAIMS CONCERNING ANY ASPECT OF THE RELATIONSHIP BETWEEN US, YOUR DECISION TO DOWNLOAD OR ACCESS OUR SERVICE, YOUR USE OF OUR SERVICE, ANY USER CONTENT, OR YOUR ACCOUNT. This Agreement to Arbitrate is intended to be interpreted broadly, and applies to all legal claims under any legal theory (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory), and applies to any disputes or claims that you assert or that arise even after you stop using or delete your UWQ Account for our Service, stop using our Service, or delete our Service application from your mobile device. This Agreement to Arbitrate also applies to any claims that are currently the subject of a purported class action litigation in which you are not a member of a certified class. If you and we have a dispute about whether this Agreement to Arbitrate can be enforced or applies to our dispute, you and we agree that the arbitrator will decide that issue as well.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND WE ARE GIVING UP THE RIGHT TO SUE IN COURT AND THE RIGHT TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
This Section 13, however, does not apply to the following types of claims or disputes, which you or we may bring in court:
(1) Claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and
(2) Claims for preliminary injunctive relief for violations of sections 4 and 6 herein.
Class Action Waiver:
For disputes arising between DMP LLP and you, or any other user, that are subject to this Agreement to Arbitrate, you and we agree that we can only bring a claim against each other on an individual basis. NEITHER YOU NOR WE CAN BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. THE ARBITRATOR CANNOT COMBINE MORE THAN ONE PERSON’S CLAIM INTO A SINGLE CASE, AND CANNOT PRESIDE OVER ANY CONSOLIDATED, CLASS, OR REPRESENTATIVE ARBITRATION PROCEEDING, UNLESS WE BOTH AGREE OTHERWISE IN WRITING. THE ARBITRATOR’S DECISION OR AWARD IN ONE PERSON’S CASE CAN ONLY AFFECT THE PERSON WHO BROUGHT THE CLAIM, NOT OTHER USERS OF OUR SERVICES, AND CANNOT BE USED TO DECIDE DISPUTES WITH OTHERS.
If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then Section 13 shall cease to have effect, however, the remaining portions of the Terms and Conditions will remain in full force and effect.
Changes to this Section 13:
We agree to provide you with 5 days’ notice through the applicable Service if we change this Section 13. Notwithstanding any provision in this License to the contrary, we agree that if we make any future change to this Section 13, you may reject any such change by sending us written notice within 30 days of the change to: email@example.com.
- THIRD PARTY PROMOTIONS AND LINKS
Our Services may contain advertisements and other promotional content from third parties, including links to third party websites or vendors (collectively “Third Party Promotions “), some of which may invite you to participate in promotional offers in return for receiving optional services and/or In-Service Content. Some of these Third Party Promotions may charge separate fees, which are not included in any fees that you may pay to us. Any separate charges or obligations you incur in your dealings with such third parties are your responsibility. We make no representation or warranty regarding any content, goods and/or services contained in such Third Party Promotions and will not be liable for any claim relating thereto. We exercise no control over Third Party Promotions, and DMP LLP has no responsibility for their content, goods, services, performance, operation, availability, business practices or policies. We are providing these Third Party Promotions to you only as a convenience, and we do not imply any endorsement or recommendation of their content, goods, or services. If you decide to access any of these Third Party Promotions, you do so entirely at your own risk. Third Party Promotions including third party websites are subject to their own terms and policies, including privacy and data gathering practices.
- OWNERSHIP, TRADEMARKS & COPYRIGHTS
All rights, title and interest in and to our Services (including without limitation any games, titles, content, computer code, themes, objects, characters, character names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operations, moral rights, documentation, in-Service chat transcripts, character profile information, and recordings) are owned by DMP LLP. DMP LLP reserves all rights, including without limitation all intellectual property rights or other proprietary rights in connection with our Services.
The trademarks “UWQ,” “Ultimate Wrestling Quiz,” and logos associated with each of the foregoing, are trademarks of DMP LLP and its subsidiaries and affiliates, and all trademarks, logos and service marks (collectively, “Marks”) displayed on or in our Services are either our property or the property of third parties. Similarly, all artwork and other protectable expression in our Services are either our property or the property of third parties and protected by Copyright law. Marks, artwork, images, music, and any other protectable expression may not be copied, imitated or used without written permission from the owner.
- DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA“) NOTICE
DMP LLP responds to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (“DMCA”). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When DMP LLP receives a valid DMCA notification, it may expeditiously take down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content, including by forwarding them a copy of the Notice and the name and email address of the person submitting the Notice, so that a Counter Notice may be filed. On receiving a valid Counter Notice, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys’ fees) if you falsely claim that content is infringing your copyright. We recommend contacting an attorney if you are unsure whether your content is protected by copyright law or whether content is infringing on your copyright.
To Submit a Notice:
If you believe that In-Service content infringes on your copyright, you must submit a written notification to us by email. The Notice must include the following:
(i) An identification of the copyright you claim has been infringed (i.e., your copyrighted material);
(ii) A description of the nature and exact location of the content you claim infringes your copyright;
(iii) Your name, address, telephone number, and email address;
Statements by you that: (a) you have a good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law; and that (b) you swear, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(iv) A physical signature of the copyright owner or a person authorized to act on their behalf. To satisfy the signature requirement, please designate electronic signatures by typing a forward slash before and after your name (e.g., /John Doe/).
Send the Notice by emailing us at firstname.lastname@example.org.
DMP LLP shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of DMP LLP, including without limitation any failure to perform hereunder due to unforeseen circumstances or causes beyond DMP LLP’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
- CONTACT INFORMATION
© Dynamite Media & Publishing LLP, 2017. All Rights Reserved.