Effective Date: November
1, 2017
The terms of this
agreement ("Terms of Service") govern the relationship between you
and Coolwin Technology Limited, a Hong Kong company (business ID 53818181) having its registered office at Lucky Centre,165 Wanchai Road,Wanchai,KL,(hereinafter "Coolwin" or"Us" or "We") regarding your use of Coolwin's games,
websites and related services (the "Service"). Use of the Service is
also governed by Coolwin's Privacy Policy and other relevant policies, which
are incorporated herein by reference.
Before accessing
or using the Service, including browsing any Coolwin website or accessing a
game, you must agree to these Terms of Service and the Privacy Policy. You may
also be required to register an account on the Service (an
"Account"). By registering for an Account or otherwise using the
Service, you represent that you are age 13 or older. If you are between the
ages of 13 and 17, you represent that your legal guardian has reviewed and
agreed to these Terms. If you access the Service from a Social Networking Site ("SNS"),
such as Facebook or Google+, you shall comply with its terms of service/use as
well as these Terms of Service.
BY INSTALLING,
USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR
OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
Coolwin reserves
the right, at its discretion, to change, modify, add or remove portions of
these Terms of Service, its Privacy Policy and other relevant Coolwin
policies at any time by posting the amended terms on the Coolwin Service. You
will be deemed to have accepted such changes by continuing to use the Service.
If at any point you do not agree to any portion of the then-current version of
our Terms of Service, the Coolwin Privacy Policy, or any other Coolwin policy,
rules or codes of conduct relating to your use of the Service, your license to
use the Service shall immediately terminate, and you must immediately stop
using the Service.
1. License
1.1. Grant of a Limited License to Use the Service
Subject to your
agreement and continuing compliance with these Terms of Service and any other
relevant Coolwin policies, Coolwin grants you a non-exclusive,
non-transferable, non-sublicensable, revocable and limited license to access
and use the Service for your own non-commercial entertainment purposes. You
agree not to use the Service for any other purpose.
The following
restrictions apply to the use of the Service:
§
You shall not create an Account or access the Service if
you are under the age of 13; You shall restrict use by minors, and you will
deny access to children under the age of 13. You accept full responsibility for
any unauthorized use of the Service by minors. You are responsible for any use of
your credit card or other payment instrument (e.g. paypal) by minors.
§
You shall not (or attempt to) purchase, sell, rent or
give away your Account, create an Account using a false identity or
information, or on behalf of someone other than yourself; You shall not use the
Service if you have previously been removed by Coolwin, or previously been
banned from playing any Coolwin game.
§
You shall use your Account only for non-commercial
purposes; You shall not use the Service to advertise, or solicit, or transmit
any commercial advertisements, including chain letters, junk or spam e-mail or
repetitive or misleading messages to anyone.
Login information and Your Account
You may be
required to select a password for your Account or you may also use other credentials
to access the Account ("Login Information"). You shall not share the
Account or the Login Information, nor let anyone else access your Account or do
anything else that might jeopardize the security of your Account. In the event
you become aware of or reasonably suspect any breach of security, including
without limitation any loss, theft, or unauthorized disclosure of the Login
Information, you must immediately notify Coolwin and modify your Login
Information. You are solely responsible for maintaining the confidentiality of
the Login Information, and you will be responsible for all uses of the Login
Information, including purchases, whether or not authorized by you. You are
responsible for anything that happens through your Account.
Coolwin 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.
The Service
supports only one Account per game on a supported device.
License Limitations
Any use of the
Service in violation of these License Limitations is strictly prohibited, can
result in the immediate revocation of your limited license and may subject you
to liability for violations of law.
You agree that you
will not, under any circumstances:
§
Engage in any act that Coolwin deems to be in conflict
with the spirit or intent of the Service or make improper use of Coolwin's
support services.
§
Use or take part (directly or indirectly) in the use of
cheats, exploits, automation software, bots, hacks, mods or any unauthorized
third-party software designed to modify or interfere with the Service, any Coolwin
game or any Coolwin game experience.
§
Modify or cause to be modified any files that are a part
of the Service or any Coolwin game without Coolwin's express written consent.
§
Disrupt, interfere with or otherwise adversely affect the
normal flow of the Service or otherwise act in a manner that may negatively
affect other users' experience when using the Service or playing Coolwin's games.
This includes win trading and any other kind of manipulation of rankings,
taking advantage of errors in the Service to gain an unfair edge over other
players and any other act that intentionally abuses or goes against the design
of the Service.
§
Disrupt, overburden, or aid or assist in the disruption
or overburdening of any computer or server ("Server") used to offer
or support the Service or any Coolwin game environment.
§
Institute, assist, or become involved in any type of
attack, including without limitation distribution of a virus, denial of service
attacks upon the Service, or other attempts to disrupt the Service or any other
person's use or enjoyment of the Service.
§
Attempt to gain unauthorized access to the Service,
Accounts registered to others or to the computers, Servers, or networks
connected to the Service by any means other than the user interface provided by
Coolwin, including but not limited to, by circumventing or modifying,
attempting to circumvent or modify, or encouraging or assisting any other
person to circumvent or modify, any security, technology, device, or software
that is part of the Service.
§
Post any information that is abusive, threatening,
obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise
objectionable or offensive or engage in ongoing toxic behavior, such as by
repeatedly posting information on an unsolicited basis.
§
Post any information that contains nudity, excessive
violence, or offensive subject matter or that contains a link to such content.
§
Attempt to, or harass, abuse, or harm, or advocate or
incite harassment, abuse, or harm of another person, group, including Coolwin
employees, including Coolwin's customer service representatives.
§
Make available through the Service any material or
information that infringes any copyright, trademark, patent, trade secret,
right of privacy, right of publicity, or other right of any person or entity or
impersonates any other person, including without limitation a Coolwin employee.
§
Reverse engineer, decompile, disassemble, decipher or
otherwise attempt to derive the source code for any underlying software or
other intellectual property used to provide the Service or any Coolwin game, or
to obtain any information from the Service or any Coolwin game using any method
not expressly permitted by Coolwin.
§
Solicit or attempt to solicit Login Information or any
other login credentials or personal information from other users of the Service
or any Coolwin game.
§
Collect or post anyone's personal information, including
personally identifiable information (whether in text, image or video form),
identification documents, or financial information through the Service.
Coolwin reserves
the right to determine what conduct it considers to be in violation of the
rules of use or otherwise outside the intent or spirit of these Terms of
Service or the Service itself. Coolwin reserves the right to take action as a
result, which may include terminating your Account and prohibiting you from
using the Service in whole or in part.
1.2. Suspension and Termination of Account and Service
WITHOUT LIMITING
ANY OTHER REMEDIES, Coolwin MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE
ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR Coolwin
SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR
FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR
WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE
AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE
SERVICE, AND Coolwin IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH
LOSSES OR RESULTS.
WITHOUT LIMITING
OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER
ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR
CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL
AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT
THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE
INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH
THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE
MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR
TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY
INTELLECTUAL PROPERTY RIGHTS.
Coolwin RESERVES
THE RIGHT TO TERMINATE ANY ACCOUNT THAT HAS BEEN INACTIVE FOR 180 DAYS.
Coolwin reserves
the right to stop offering and/or supporting the Service or a particular game
or part of the Service at any time, at which point your license to use the
Service or a part thereof will be automatically terminated. In such event, Coolwin
shall not be required to provide refunds, benefits or other compensation to
users in connection with such discontinued Service
. Termination of your Account can include disabling your access to the Service
or any part thereof including any content you submitted or others submitted.
You may terminate
your Account at any time and for any reason by following the process described
on our support page located at https://support.Coolwin.com/ informing Coolwin
that you wish to terminate your Account.
2. Ownership
2.1. Games and Service
All rights, title
and interest in and to the Service (including without limitation any games,
titles, computer code, themes, objects, characters, character names, stories,
dialogue, catch phrases, concepts, artwork, animations, sounds, musical
compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information,
recordings of games played using a Coolwin game client, and the Coolwin game
clients and server software) are owned by Coolwin. Coolwin reserves all rights,
including without limitation, all intellectual property rights or other
proprietary rights, in connection with its games and the Service.
2.2. Accounts
NOTWITHSTANDING
ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE
NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER
ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL
FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF Coolwin.
2.3. Virtual Items
Coolwin owns, has
licensed, or otherwise has rights to use all of the content that appears in the
Service or in Coolwin games. Notwithstanding any provision to the contrary
herein, you agree that you have no right or title in or to any content that
appears in the Service, including without limitation the virtual goods or
currency appearing or originating in any Coolwin game, whether earned in a game
or purchased from Coolwin, or any other attributes associated with an Account
or stored on the Service.
3. User Content
3.1. Submission of User Content
"User
Content" means any communications, images, sounds, and all the material,
data, and information that you upload or transmit through a Coolwin game client
or the Service, or that other users upload or transmit, including without
limitation any chat text. By transmitting or submitting any User Content while
using the Service, you affirm, represent and warrant that such transmission or
submission is (a) accurate and not confidential or misleading; (b) not in
violation of any laws, contractual restrictions or other third party rights,
and that you have permission from any third party whose personal information or
intellectual property is comprised in the User Content; (c) free of viruses,
adware, spyware, worms or other malicious code; and (d) you acknowledge and
agree that any of your personal information within such content will at all
times be processed by Coolwin in accordance with its Privacy Policy.
3.1.1. Content Screening
Coolwin assumes no
responsibility for the conduct of any user submitting any User Content, and
assumes no responsibility for monitoring the Service for inappropriate content
or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your
use of the Service is at your own risk. By using the Service, you may be
exposed to User Content that is offensive, indecent or otherwise not in line
with your expectations. You bear all risks associated with the use of any User
Content available in connection with the Service. At our discretion, our
representatives or
technology may
monitor and/or record your interaction with the Service or communications
(including without limitation chat text) when you are using the Service.
By entering into
these Terms of Service, you hereby provide your irrevocable consent to such
monitoring and recording. You acknowledge and agree that you have no
expectation of privacy concerning the transmission of any User Content,
including without limitation chat text or voice communications.
Coolwin reserves
the right in its sole discretion to review, monitor, prohibit, edit, delete,
disable access to or otherwise make unavailable any User Content (including
without limitation your User Content) without notice for any reason or for no
reason at any time. If at any time Coolwin chooses, in its sole discretion, to
monitor the Service, Coolwin nonetheless assumes no responsibility for User
Content and assumes no obligation to modify or remove any inappropriate User
Content. We have the right, but not the obligation, in our sole discretion to
edit, refuse to post, or remove any User Content.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may
include various forums, blogs and chat features where you can post User Content,
including your observations and comments on designated topics. Coolwin cannot
guarantee that other members will not use the ideas and information that you
share. Therefore, if you have an idea or information that you would like to
keep confidential and/or don't want others to use, do not post it on the
Service. Coolwin shall have no responsibility to evaluate, use or compensate
you for any ideas or information you may choose to submit.
3.2.2. Responsible For Your Own Content
You are solely
responsible for the information that you post on, through or in connection with
the Service and that you provide to others. Coolwin may reject, refuse to post
or delete any User Content for any or no reason, including, but not limited to,
User Content that in the sole judgment of Coolwin violates these Terms of
Service.
3.2.3. Your License to Coolwin
You hereby grant
to Coolwin an irrevocable, perpetual, transferable, fully paid-up,
royalty-free, worldwide license (including the right to sublicense and assign
to third party) and right to copy, reproduce, fix, adapt, modify, create
derivative works from, manufacture, commercialize, publish, distribute, sell,
license, sublicense, transfer, lease, transmit, publicly display, publicly
perform, or provide access to electronically, broadcast, communicate to the
public by telecommunication, display, perform, enter into computer memory, and
use and practice, in any way, your User Content as well as all modified and
derivative works thereof in connection with our provision of the Service,
including marketing and promotions of the Service. You also hereby grant to Coolwin
the right to authorize others to exercise any of the rights granted to Coolwin
under these Terms of Service. You further hereby grant to Coolwin the
unconditional, irrevocable right to use and exploit your name, likeness and any
other information or material included in any User Content and in connection
with any User Content, without any obligation to you. Except as prohibited by
law, you waive any rights of attribution and/or any moral rights you may have
in your User Content, regardless of whether your User Content is altered or
changed in any manner. Coolwin does not claim any ownership rights in your User
Content and nothing in these Terms of Service is intended to restrict any
rights that you may have to use and exploit your User Content. Coolwin has no
obligation to monitor or enforce your intellectual property rights in or to
your User Content.
3.3. User Interactions
You are solely
responsible for your interactions with other users of the Service and any other
parties with whom you interact through the Service and/or Coolwin games. Coolwin
reserves the right, but has no obligation, to become involved in any way with
these disputes. You will fully cooperate with Coolwin to investigate any
suspected unlawful, fraudulent or improper activity, including, without
limitation, granting Coolwin access to any password-protected portions of your
Account.
If you have a
dispute with one or more users, you release us (and our officers, directors,
agents, subsidiaries, joint ventures and employees) 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.
4. Purchase Terms,Refunds and Fees
4.1.Purchases
In the Service you
may purchase, with "real world" money, a limited, personal,
non-transferable, non-sublicensable, revocable license to use (a) "virtual
currency", including but not limited to virtual cash or diamonds, all for
use in Coolwin games; (b) "virtual in-game items" (together with
"virtual currency", "Virtual Items"); and (c) other goods
or services ("Merchandise"). You are only allowed to purchase Virtual
Items from us or our authorised partners through the Service, and not in any
other way.
Coolwin may
manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise
at any time, with or without notice. Coolwin shall have no liability to you or
any third party in the event that Coolwin exercises any such rights.
The transfer of
Virtual Items and Merchandise is prohibited except where expressly authorized
in the Service. Other than as expressly authorized in the Service, you shall
not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise
to any person or entity or attempt any of the aforesaid, including but not
limited to Coolwin, another user or any third party.
The provision of
Virtual Items for use in Coolwin games is a service provided by Coolwin that
commences immediately upon acceptance by Coolwin of your purchase.
4.2. Refunds
ALL PURCHASES AND
REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND
NON-REFUNDABLE.
4.3. Payment of Fees
You agree to pay
all fees and applicable taxes incurred by you or anyone using an Account
registered to you. Coolwin may revise the pricing for the goods and services
offered through the Service at any time. YOU ACKNOWLEDGE THAT Coolwin IS NOT REQUIRED TO
PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER
COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH
CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
5. Updates to the Service
You understand
that the Service is an evolving one. Coolwin may require that you accept
updates to the Service and to Coolwin's games you have installed on your device
or computer. You acknowledge and agree that Coolwin may update the Service and Coolwin
games, with or without notifying you. You may need to update third party
software from time to time in order to receive the Service and play Coolwin
games.
6. Disclaimer of Warranties
WITHOUT LIMITING Coolwin'S
LIABILITY UNDER SECTION 7 BELOW, THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND
THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. Coolwin DOES NOT
WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE
THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR
CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS
WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
Some jurisdictions do not allow the exclusion of certain warranties.
Accordingly, some of the above disclaimers may not apply to you.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
TO THE MAXIMUM
EXTENT PERMITTED BY LAW, Coolwin SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES,
INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR
BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE
QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR
THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY,
AND WHETHER OR NOT Coolwin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT NOT PROHIBITED BY LAW, Coolwin SHALL NOT BE LIABLE TO YOU FOR
MORE THAN THE AMOUNT YOU HAVE PAID TO Coolwin IN ACCORDANCE WITH THESE TERMS OF
SERVICE IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST
ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO
Coolwin DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND Coolwin'S EXCLUSIVE
LIABILITY) FOR ANY DISPUTE WITH Coolwin IS TO STOP USING THE SERVICE AND TO
CANCEL YOUR ACCOUNT.
NOTHING IN THESE
TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE
OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT
OF Coolwin OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD
OF Coolwin.
You agree to
indemnify, defend and hold Coolwin (and our officers, directors, agents,
subsidiaries, joint ventures and employees) harmless from any claim, demand,
damages or other losses, including reasonable attorneys' fees, asserted by any
third-party resulting from or arising out of your use of the Service, or any
breach by you of these Terms of Service, however the foregoing does not apply
if the infringement of rights is not attributable to your intentional or
negligent behavior.
8. Dispute Resolution and Law
If a dispute
arises between you and Coolwin, we strongly encourage you to first contact us
directly to seek a resolution by E-mail to our customer support E-mail address: support@Coolwintec.com.
Whether you are a resident of any other country, these Terms of Service and any
dispute arising out of or related to it or Privacy Policy or the Service shall
be governed in all respects by law in HK of China, without regard to conflict
of law provisions. You agree that any claim or dispute you may have against Coolwin
must be resolved exclusively by a court located in HK of China. If you are a
resident outside of the United States, you agree that all disputes between you
and Coolwin shall be governed by the laws of HK of China, without regard to
conflict of law provisions. You agree that any claim or dispute you may have
against Coolwin must be resolved exclusively by a court located in HK, China.
9. Severability
You and Coolwin
agree that if any portion of these Terms of Service or of the Coolwin Privacy
Policy is found illegal or unenforceable, in whole or in part by any court of
competent jurisdiction, such provision shall, as to such jurisdiction, be
ineffective solely to the extent of such determination of invalidity or
unenforceability without affecting the validity or enforceability thereof in
any other manner or jurisdiction and without affecting the remaining provisions
of the terms, which shall continue to be in full force and effect.
10. General Provisions
10.1. Assignment
Coolwin may assign
or delegate these Terms of Service and/or the Coolwin Privacy Policy, in whole
or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of
Service or Privacy Policy without Coolwin's prior written consent, and any
unauthorized assignment and delegation by you is ineffective.
10.2. Supplemental Policies
Coolwin may
publish additional policies related to specific services such as forums,
contests or loyalty programs. Your right to use such services is subject to
those specific policies and these Terms of Service.
10.3. Entire Agreement
These Terms of
Service, any supplemental policies and any documents expressly incorporated by
reference herein (including the Coolwin Privacy Policy), contain the entire
understanding of you and Coolwin, and supersede all prior understandings of the
parties hereto relating to the subject matter hereof, whether electronic, oral
or written, or whether established by custom, practice, policy or precedent,
between you and us with respect to the Service.
10.4. No Waiver
The failure of Coolwin
to require or enforce strict performance by you of any provision of these Terms
of Service or the Coolwin Privacy Policy or failure to exercise any right under
them shall not be construed as a waiver or relinquishment of Coolwin's right to
assert or rely upon any such provision or right in that or any other instance.
The express waiver
by Coolwin of any provision, condition, or requirement of these Terms of
Service or the Coolwin Privacy Policy shall not constitute a waiver of any
future obligation to comply with such provision, condition or requirement.
Except as
expressly and specifically set forth in this these Terms of Service, no
representations, statements, consents, waivers, or other acts or omissions by Coolwin
shall be deemed a modification of these Terms of Service nor legally binding,
unless documented in physical writing, hand signed by You and a duly appointed
officer of Coolwin.
10.5. Notices
We may notify you
via postings on facebook main page,and via e-mail or any other
communications means to contact information you provide to us. All notices
given by you or required from you under these Terms of Service or the Coolwin
Privacy Policy shall be in writing and addressed to: Coolwin. Attn: Legal,
Itämerenkatu 11-13, FI- 00180 Helsinki, Finland. Any notices that you provide
without compliance with this Section on Notices shall have no legal effect.
10.6. Equitable Remedies
You acknowledge
that the rights granted and obligations made under these Terms of Service to Coolwin
are of a unique and irreplaceable nature, the loss of which shall irreparably
harm Coolwin and which cannot be replaced by monetary damages alone so that Coolwin
shall be entitled to injunctive or other equitable relief (without the
obligations of posting any bond or surety or proof of damages) in the event of
any breach or anticipatory breach by you.
You irrevocably
waive all rights to seek injunctive or other equitable relief, or to enjoin or
restrain the operation of the Service or any Coolwin game, exploitation of any
advertising or other materials issued in connection therewith, or exploitation
of the Service or any content or other material used or displayed through the
Service and agree to limit your claims to claims for monetary damages, limited
by Section 7 (if any).
10.7. Force Majeure
Coolwin shall not
be liable for any delay or failure to perform resulting from causes outside the
reasonable control of Coolwin, including without limitation any failure to
perform hereunder due to unforeseen circumstances or cause beyond Coolwin'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.