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WOWIN - TERMS OF USE
EFFECTIVE DATE: 7 June 2011.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AND IN OUR PRIVACY POLICY.

Chapter I. General Provisions

  1. The terms used in these Terms of Use shall mean:
    The Owner – an entity providing access to the Site under URL: www.wowin.com, that is Red Sky Sp. z o.o., a company incorporated under the laws of Poland, with its registered office in Szczecin, at Rynek Sienny 4b Street, Szczecin 70-542, Poland, registered in the register of entrepreneurs of the National Court Register maintained by the District Court in Szczecin, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 642-26-83-651, REGON number 276822679.

    Contact Form – an electronic document placed on the Site, dedicated for direct contact with the Owner.

    Game – any game accessible on the Site.

    Register Form – an electronic document placed on the Site, dedicated for registering Player’s account in the Site.

    Terms of Use – this document, specifying terms and conditions of using the Site, as well as rights and obligations of the Player and the Owner. Terms of Use constitute a binding agreement between Player and the Owner, regarding Player’s use of the Site.

    Site – WoWin website, accessible under the URL: www.wowin.com.

    Player – an adult person with a full capacity to enter into legal transactions, acting on his/her own behalf, which makes use of the Site in accordance with the Terms of Use. The Owner does not target the Site to a minor under the age of 18. There may be certain access restrictions placed on any minor under the age of 18. You agree that if you assist a minor under the age of 18 to access the Site, with your computer, internet enabled device, internet connection and/or facilities (whether owned, leased or borrowed) you will assume full liability for any consequences and that under no circumstances including, but not limited to negligence, neither the Owner, nor any third party shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use or inability to use the Site by a Player under the age of 18, even if such party has been advised of the possibility of such damages.

    Affiliate – the User who meets requirements (as specified below) allowing to join and participate in the Affiliate Program.

    Affiliate Program – Affiliate Program developed by the Owner to help Affiliates to make money.
  2. Pursuant to the provision of Article 8 paragraph 1 subparagraph 1 of the Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No 144, item 1204 as amended) the Owner hereby establishes this Terms of Use.

Chapter II. Functionalities offered within the scope of the Site

  1. The Site is accessible worldwide to anyone with Internet access. Player may also use the Facebook Connect service to log on the Site.
  2. The Site has been designed for entertainment purposes only.
  3. The Site is a place Player may play logic-based Games or skill-based Games that allow multiple Players to play against each other and to win credits or cash played for.
  4. Games offered via the Site are Games of pure skill and there is no chance element to them. The Site offers Players to play asynchronized Games. During the asynchronized Games Players play separately in the same Game session. The winner will be determined by comparing the number of points earned by each Player individually after the Game. The Owner ensures that each Player will play Game at the same level of difficulty and be subject to the same parameters.
  5. Each Game for money has a ranking system. There are as many rankings as there are Games available. The ranking determines the group of other Players that Player will be competing with by default. Players are granted rank according to previous results they obtained during each Game session. The logged in Player is proposed to play Games matched to his/her ranking level. In case Player does not have any point he/she is proposed to play Games based on the number of Games played already. The Player accepts that this classification is purely mechanical and is not subject to human evaluation. The Player therefore acknowledges and accepts that the rank he/she may be given and those that may be given to his/her opponents may not be consistent with the effective ranking. However, the Player accepts that these rankings may not be discussed in any way.
  6. Player may not play Games offered via the Site while he/she is located in a country, state or jurisdiction that does not allow him/her to play such Games. It is Player’s responsibility to ensure that national, state or other applicable laws to which he/she is subject to do not adversely affect his/her right to participate in or play Games offered via the Site.
  7. Before participating in a Game Player should familiarise himself/herself with each Game by carefully reading rules and instructions. Player declares having read and accepted them before he/she starts to play a Game.
  8. Player has full access to all Games offered via the Site for free.
  9. Games offered via the Site are training Games only, credit Games and Games for money.
    1. Training Games can be played to sharpen Player's skills and to have fun at the same time. To play training Game Player does not need to be registered or log in. Training version of particular Games may be somewhat different from the standard versions.
    2. To play credit Games Player needs to register first in the Site by completing the on-line Register Form. Player receives 2.000 credits. At any time, especially if the Player's account is not solvent, the Player may reset his/her account to 2.000 credits. Furthermore, if a Player wishes to gain more free credits, he/she has the possibility to do so by inviting his/her friends to join the Site through the tools and links that can be found on the Site for this purpose. To participate in a Game session, Player must join an existing Game session. An entry fee depends on number of Players participating in a particular Game session. Player starts playing Game immediately after joining, without waiting for other Players. The winner is a Player who gained the highest score. If there is a draw, a winner is a Player who started Game session earlier. The winning Player wins all the credits at stake. The losers lose their entry fee and obtain no additional gain. At the end of a Game session, all Players are informed of the other Players’ results. Player will know his/her own results immediately after he/she ends the Game.
    3. To play Games for money Player needs to register first in the Site by completing the on-line Register Form. To participate in a Game for money Player's cash account must be solvent. Player must choose either to join an existing Game session or to create a new Game session. An entry fee depends on number of Players participating in a particular Game session. Creating his/her own Game session, Player defines the following parameters of the Game: (i) the maximum number of opponents; and (ii) the amount of an entry fee. Player starts playing Game immediately after joining, without waiting for other Players. After deciding to join or create a Game session the appropriate amount of the entry fee is withdraw automatically from the Player's cash account and add to the money at stake. The winner is a Player who gained the highest score. If there is a draw, a winner is a Player who started Game session earlier. The winning Player wins 75% of all money at stake, while remaining 24% goes to the Owner and 1% goes to jackpot, which is a special pot of money that is destined for a Player who gets the specific achieve, for example, gets the highest score in each Game ever. The losers lose their entry fee and obtain no additional gain. At the end of a Game, all Players are informed of the other Players’ results. Player will know his/her own results immediately after he/she ends the Game.
  10. Player may challenge the specific Player only through the "Quick Duel" functionality
  11. If a Game is interrupted before its end by a Player or due to a technical problem, gains and losses are established, if possible, on the basis of the last state of the points and gains recorded by the Owner during the Game. If a Game is interrupted before its end due to a technical error attributable to the Owner, the Owner will re-credit accounts of Players with the entry fees that they were playing for.
  12. The Owner shall not bear any liability vis-à-vis Players, if a Game is interrupted before its end due to problems or activities independent of the Owner as well as due to force majeure.
  13. The Owner reserves the right to change the Site functionality at any time, in particular by introducing new functions and facilities for Players.

Chapter III. Conditions for using the Site and rules of liability

  1. Technical requirements concerning the use of the Site functionalities are as follows:
    1. an Internet connection;
    2. a web browser enabling displaying of hypertext documents (HTML) on a computer screen which are linked with the Internet through a website with activated Java Script execution and writing Cookies files;
    3. an email account;
    4. a mobile device in order to play mobile Games, if offered via the Site.
  2. It is Player's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allows him/her to play Games fair.
  3. Before starting the use of the Site, Player is obliged to familiarize himself/herself with the provisions of these Terms of Use and with the Privacy Policy. Registration in the Site is equivalent to accepting these Terms of Use.
  4. Player undertakes to respect the Terms of Use while using the Site, both in its current wording and with any later amendments.
  5. Player can hold only one account. An account cannot be transferred to third person or used by such a third person.
  6. Player may not allow anyone else to use his/her login details or give them to any third person. If so, Player accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Owner harmless from any damage or harm that may occur.
  7. Player undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of its functionalities. The Owner may, without any previous notice, undertake any action available, inclusive of a demand for compensation or suspension of the Site provision resulting from the fact of holding an account in the Site, without a right of remuneration reimbursement, as a response to any malicious activities or any other breach of these provisions. The actions referred to in this point shall be as follows:
    1. attempts at disturbing or cutting off access to accounts of other Players or to computers (DOS, DDOS attacks, DNS spoofing);
    2. phishing, that is falsifying information which permits to identify Player or hiding such information without having first obtaining a written consent;
    3. entering malicious software into the system or onto the computers of the Owner, especially inclusive of viruses, Troyan horses or internet bugs;
    4. unauthorized scanning of the network of other Players in search of security gaps;
    5. unauthorized monitoring of network traffic or other attempts of intercepting information reserved for the Owner or to other Players;
    6. unauthorized attempts at breaking the security of a computer, network or another Player’s account;
    7. the use of a program, a script or instruction aimed at disturbing a Game session of another Playe
    8. pharming, that is the use of malicious software, disturbing the operation of DNS servers or other means aimed at redirecting Player to a website or to another site impersonating the Site in order to gather personal data of the Player, the data necessary for logging or other information;
    9. attempts of bypassing or misleading the algorithm which counts Player’s total scores or cheating in any other way;
    10. giving unauthorized access to the account to other persons;
    11. taking over IP addresses;
    12. direct or indirect sending, collection, sale or distribution of e-mail addresses for the purposes of sending mass unsolicited correspondence (spam).
  8. Without limiting any other provision in these Terms of Use, Player may not use the Site to do the following or assist others to do the following:
    1. threaten, defame, stalk, abuse or harass other persons or engage in illegal activities;
    2. link to the Site from another website or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or the Owner deems, in its sole discretion, to be otherwise objectionable;
    3. frame the Site, display the Site in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between the Owner and any third person or potentially deprive the Owner of revenue (including, without limitation, revenue from advertising, branding or promotional activities);
    4. violate any person's or entity's legal rights (including, without limitation, intellectual property rights or privacy rights), transmit material that violates or circumvents such rights or remove or alter intellectual property or other legal notices;
    5. ransmit files that contain viruses, spyware, adware or other harmful code;
    6. advertise or promote goods or services without the Owner's permission (including, without limitation, by sending spam);
    7. interfere with others using the Site or otherwise disrupt the Site;
    8. ransmit, collect or access personally identifiable information about other Players without the consent of those Players and the Owner;
    9. engage in unauthorized spidering, “scraping” or harvesting content, contact or other personal information or use any other unauthorized automated means to compile information;
    10. defeat any access controls, access any portion of the Site that the Owner has not authorized Player to access (including password-protected areas), link to password-protected areas, attempt to access or use another Player’s account or information or allow anyone else to use Player's account or access credentials.
  9. The Owner is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account of the Player who breaches this Terms of Use. In such a case the Owner shall not bear any liability vis-à-vis Players.
  10. If Player uses contact forms, he/she is obliged to give real information, true to facts of the case.
  11. Player is obliged to notify the Owner immediately of any errors found by him/her either on the Site or in a Game. It is strictly prohibited to use these errors in any way, and in particular to gain improper advantage over others Players. Player that made such notification to the Owner will be rewarded.
  12. The Owner undertakes to ensure possibly the highest quality and stability of the Site, however, the Owner shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third persons.
  13. The Owner shall not be liable for temporary inability to use the Site, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Owner will be notifying Players of any scheduled breaks in the Site operation or any inconveniences that may occur in its use. The Owner reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site, which may temporarily cause difficulties or make it impossible for Players to use selected functionalities or the entire Site. In such a case the Owner shall not bear any liability vis-à-vis Players.
  14. In special cases affecting the security or stability of the Site, the Owner reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Players and to conduct maintenance works aimed to reinstate the security and stability of the Site. In such a case the Owner shall not bear any liability vis-à-vis Players.
  15. The Owner shall not bear any liability for the activities of Players or any third persons, nor their using the personal data of other Players contrary to the purpose of the Site operation, specified in these Terms of Use.
  16. The Owner shall not bear any liability in case of other Players or third person submitting any claims towards the Owner regarding a breach of the Terms of Use or the law in force, either by other Players or by third person. Only a Player or third person being in breach of the law in force shall be liable in such a case.
  17. Irrespectively of all other provisions of these Terms of Use, in case any third persons submitting claims vis-à-vis the Owner, its licensees, sublicensees and their legal successors or entities onto which the Owner transferred rights resulting hereunder that result from Player's infringing any author's economic rights or author's moral rights, derivative rights, violating a patent, a registered design, trademark or trade name or other rights in intangible assets, a Player shall release the Owner, its licensees, sublicensees and their legal successors or entities onto which the Owner transferred rights resulting hereunder from any liabilities resulting from such claims and shall cover all costs incurred by the Owner, its licensees, sublicensees and their legal successors or entities onto which the Owner transferred rights resulting hereunder, incurred by these entities in connection with submission of claims, referred to hereinabove.
  18. Player shall, at his/her own cost, join any court proceedings, instituted against the Owner, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a Player infringing patents, business secrets, copyrights, trademarks, intellectual property rights or other rights of a third person.

Chapter IV. Moment of concluding an agreement

  1. An agreement for providing access to the Site is concluded upon registration in the Site and simultaneous familiarization with these Terms of Use and Privacy Policy. Player cannot register in the Site without prior acceptance of these Terms of Use and Privacy Policy.
  2. Once the registration is made the Owner will send a Player an email. Player needs to check his/her inbox (or SPAM folder) and click the confirmation link included in the message or copy and paste it into his/her browser address bar.
  3. Player can terminate the agreement, effective forthwith, at any time and without stating any reasons by deleting his/her account. To that aim, a Player needs to submit a relevant declaration and send it to the following e-mail address: contact [at] wowin.com.
  4. Player may stop using the Site at any time.
  5. Player, who concluded an agreement for providing access to the Site specified in these Terms of Use, has the right to renounce the agreement within 10 days of its conclusion. To make the renouncement of the agreement effective, it must be executed by sending a written declaration to the following correspondence address: Red Sky Sp. z o.o., Rynek Sienny 4b Street, Szczecin 70-542, Poland or by sending a relevant declaration of intent by e-mail to the following e-mail address: contact [at] wowin.com.
  6. Pursuant to Article 10, Paragraph 3, Subparagraph 5 of the Act on the protection of certain consumer rights and the liability for damage caused by a dangerous product of 2 March 2000 (Dz.U.[Journal of Laws] of 2000, No. 22, Item 271, as amended), due to the nature of the services offered on the Website, the services may not be returned. Hence the player can not withdraw from the agreement, but only terminate it.

Chapter V. Complaints

  1. Player has the right to lodge a complaint if the Owner does not fulfill its obligations specified herein or if the Owner fulfills them in a manner contrary to the provisions hereof.
  2. A complaint can be lodged in an electronic form to the following e-mail address: contact [at] wowin.com or by way of a traditional letter to the following correspondence address: Red Sky Sp. z o.o., Rynek Sienny 4b Street, Szczecin 70-542, Poland. A complaint should include in particular the problem constituting the basis for a complaint and the Player identification (name, surname, e-mail, phone number and in case of a traditional letter also a correspondence address).
  3. The Owner shall consider a complaint within 14 days subsequent to receipt of a complaint in proper form. If the complaint cannot be considered in the specified deadline, the Owner shall in that time notify by e-mail the Player submitting a complaint of the reasons for such a delay and the expected date for complaint resolution.
  4. A complaint can be submitted within 30 days as of the moment when the reasons for the complaint have become apparent.
  5. A reply to a complaint shall be sent to an e-mail address or to correspondence address indicated by the Player submitting a complaint. In special circumstances a reply can be sent via other means of communication (e.g. a text message).
  6. The Owner shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, Privacy Policy or the information announced in the Site.
  7. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.

Chapter VI. Account

  1. Each Player has a cash and promotional account.
  2. The cash account is debited or credited with the amount of money lost or gained by the Player during the Game. When the amount in the account reaches zero, Player will have to credit his/her account before getting access to a new Game session.
  3. The promotional account is credited with the amount of money gained by the Player from vouchers and promotional events and debited with the amount of money lost by the Player during the Game.
  4. Te cash account can be credited at any time, through generally accepted payment systems (e.g. PayPal or credit card). The sums paid to this account can be used only to participate in Games offered via the Site.
  5. Player may withdraw money from his/her cash account only, at any time. Withdrawals can only be made by bank transfer. The amounts will be paid by the Owner on the national bank account that the Cash Player provided upon registration or during the transfer request. Payments will be made no earlier than 10 days after the withdrawal request by the Player.
  6. Each withdrawal from cash account will incur a processing fee in the amount usually charged for such services. If an account balance (excluding any non-withdrawable funds) is lower than the withdrawal processing fee, the withdrawal request will not be completed.

Chapter VII. Intellectual Property

  1. The Site and all rights related to this Site are the exclusive property of the Owner or its partners. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Owner or its partners. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Owner.
  2. Player hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Owner or third persons are entitled.

Chapter VIII. Players’ personal data protection and privacy policy

  1. Payer shall carefully read the full Privacy Policy before deciding to become a Player.
  2. In case Player is making use of the Site in a manner violating these Terms of Use or the law in force, the Owner shall have the right to use the Player’s personal data within the scope necessary to establish his/her liability. In such a case the Owner shall notify a Player of his/her committing illegal activities with a demand of their immediate cessation.

Chapter IX. Final provisions

  1. The Terms of Use enter into force on 7 June 2011.
  2. The Terms of Use are available to Players under the following address: www.wowin.com/help/terms
  3. The Owner reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time. In case of any modifications, supplements, replacements or other changes of these Terms of Use the Player will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Owner, which may not be earlier than 7 days from the date of the said announcement. The Player who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Owner and shall forthwith inform the Owner about that by sending the relevant declaration to the following e-mail address: contact [at] wowin.com Termination shall become effective upon receiving Player’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates Player's acceptance of the amended Terms of Use.
  4. The Owner has the right to a unilateral amendment of the provisions hereof, without stating the reasons for it and at any time.
  5. The Terms of Use shall be governed by the Polish law.

Chapter X. Affiliate Program

  1. You must be 18 years of age or older to join the Affiliate Program and provide your valid email address, and any other information requested in order to complete the sign up process for an Affiliate account ("Affiliate account"). Each Affiliate can have only one Affiliate account.
  2. Once you have signed up for the Affiliate Program you will be provided with ad codes that must be used when placing ads on your site. It is Affiliate’s responsibility to ensure each ad code is correctly placed. Affiliates’ ads links must redirect inside the Site.
  3. You may not use the Program for any illegal or unauthorised purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws). In particular, you are prohibited from:
    1. advertising the Site directly on any form of traffic exchange/PTC website;
    2. placing the URL link to the Site anywhere that may: (i) contain any types of content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials; (ii) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information; (iii) contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of Affiliate commissions from another website;
    3. offering any incentive for a visitor to click on the banners to the Site and/or play the games, including gifts/points/cash;
    4. asking/begging people to click the banners to the Site and/or play games simply to generate your revenue;
    5. creating 'redirect loops' to generate your revenue;
    6. spamming with the banner URL links to the Site anywhere, including forums/chat/comments/blogs;
    7. participating in click 'rings' where you click on others links in return for others to click on the banners and URL link to the Site;
    8. automatically redirecting to the URL link to the Site with JavaScript redirect or meta-refresh (only a HTTP redirect is allowed);
    9. clicking on the banners or URL link on your own site (you may click on your own URL link to the Site provided by the Owner one time to test it) and playing the games;
    10. opening the URL link to the Site in a popup / popunder or iframe;
    11. using the URL shortener services like goo.gl, adf.ly, etc.
    12. any other actions that may negatively affect the Affiliate Program especially charging fee, counting games played, etc.
  4. The only legitimate way to open the URL link to the Site is with a mouse click on the banners provided by the Owner. The Owner reserves the right to not pay for clicks generated by Affiliates, on their own links. Affiliates will be paid only for finished games with nonzero result.
  5. The Owner may terminate you from the Afiliate Program if any meaningful spam complaints naming the Owner or the Site result from your marketing activities. The Owner does not condone spamming and any complaints received due to misuse of this Afiliate Program may result in the forfeit of any money accrued by you.
  6. Payments are made through Payza and/or Moneybookers (Skrill) within 30 days from withdrawal request. You must have a valid Payza and/or Moneybookers account to receive referral fees, as we don’t offer payment via cheque/check, credit card, cash or other method. The minimum amount available for a withdrawal is USD 30. In other words, an Affiliate must have enough games played to earn at least USD 30 before a payment will be made. If the minimum is not met, the payment will not be made.
  7. The referral fee structure is subject to change at our discretion. The current referral fees applying to the Afiliate Program can be found here.
  8. We will only pay referral fees for finished games that are automatically tracked and reported by our system. For our system to track the finished games, the visitor must have cookies enabled. We will not pay referral fees if the player was not tracked by our system.
  9. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
  10. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in the Afiliate Program and shall be the responsibility of, and payable by you.
  11. If any Affiliate is found or reported breaking any of the provisions of these Terms of Use, their Affiliate account will be removed and all referral fees forfeited.

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