Terms and Conditions for WGC.
Welcome to Website WGC!
These terms and conditions outline the rules and regulations for the use of WGC’s website, located at WGC.com.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE. BY ACCESSING THIS WGC.COM WE ASSUME YOU ACCEPT THESE TERMS AND CONDITIONS. DO NOT CONTINUE TO USE WGC.COM IF YOU DO NOT AGREE TO TAKE ALL OF THE TERMS AND CONDITIONS STATED ON THIS PAGE.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting the user’s needs in respect of provision of WGC’s stated services, in accordance with and subject to, prevailing law of (Country Name).
We may amend, change, modify or revise the Terms at any time, and we may post a notice on our website at (Hereinafter referred to as “Website”) of any material changes, and you can see when these Terms were last revised by referring to the “Updated” legend above. Your continued participation in Competitions and/or use of Software or Services means you accept any new or modified Terms. You are responsible for reviewing the Terms for any changes, so please check back here from time to time.
LEGAL DISCLAIMERS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OFFERED BY OUR DEVELOPER PARTNERS OR USE OF SERVICES, NOR SHALL ANY PERSON AFFILIATED, OR CLAIMING AFFILIATION, WITH US HAVE AUTHORITY TO MAKE ANY SUCH REPRESENTATIONS OR WARRANTIES.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND ALL RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICE YOU EXPRESSLY CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS AND GRANT WGC THE RIGHTS SET FORTH HEREIN.
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Article 1. Purpose.
The purpose of this Terms and Conditions is to prescribe the rights, obligations, responsibilities, and other necessary matters of the World Game Community and service users for the use of game services provided by World Game Community. (Hereinafter referred to as "WGC") and accompanying networks, websites, and other services (hereinafter referred to as "service").
Article 2. Definitions.
1) “WGC” means a business operator that provides services through a mobile device.
2) “User” means anyone who has registered for an account with WGC, downloaded any software application from WGC or participated in any Competition. Users are subject to the WGC User Terms of Service and may have their account suspended or closed at any time.
3) “Competition” means a multiplayer competition managed by World Game Community(“WGC”).
4) “WGC Tournament” means a Competition featuring a real money entry fee. WGC may change or discontinue any WGC Tournament at any time, in its sole discretion.
5) “WGC Game” means any mobile game that includes one or more WGC Tournaments. WGC may change or discontinue any WGC Game at any time, in its sole discretion.
6) “WGC Content” means game, data, graphics, information, images, links and displays provided by WGC to Users including without limitation of all of the games.
7) “Application” means any program that is downloaded or installed through a mobile device to use the service provided by the WGC.
8) “Net Revenue” means all WGC Tournament entry fees received by WGC from each Valid Referral that created its initial WGC account within the preceding 12-month period, less deductions for taxes and expenses attributable to Competitions.
9) “Valid Referral” means a User that (i) downloads a WGC Game directly through WGC Content link on an URL (ii) creates a new WGC account and (iii) enters a WGC Tournament within thirty (30) days of the account creation.
Article 3. Obligation of the parties.
1) WGC’s Duty
ⓛ The WGC shall faithfully observe the relevant statutes, the exercise of rights and the performance of obligations prescribed by these Terms, in accordance with good faith.
② The WGC shall have a security system for the protection of personal information (including credit information) so that members can use the service safely, and shall disclose and comply with the privacy policy.
Except as otherwise provided in this Agreement and the Privacy Policy, the company shall prevent the disclosure or provision of members' personal information to third parties.
③ For continuous and stable service provision, the WGC shall make every effort to repair or repair the facility without delay, unless there is an inevitable reason, such as a natural disaster, an emergency, or a defect or a defect that cannot be solved with the current technology.
2) User’s Duty
ⓛ A user shall not engage in any of the following acts in connection with the use of services provided by the WGC:
a. An act to record false information when applying for use or changing user information;
b. Unauthorized collection, storage, or distribution of other user's personal information;
c. Unauthorized use of the service for profit-making, sales, advertising, public relations, political activities, election campaigns, etc.
d. Unauthorized reproduction, distribution, arrangement, or commercial use of information obtained using the company's services, and the use of services by exploiting known or unknown bugs;
e. The act of infringing on the intellectual property or portrait rights of the WGC or others, defaming or damaging others;
f. The act of changing an application without being granted special rights by the WGC, adding or inserting another program into the application, hacking or reverse-designing a server, leaking or changing source code or application data, building a separate server, or using arbitrary changes to a part of the website to impersonate the WGC.
g. other acts in violation of relevant statutes or against good customs or other social norms;
② The user shall be responsible for the management of the user's account and mobile device and shall not be allowed to be used by others. The WGC shall not be held liable for damages caused by poor management of the mobile device or consenting others to use it.
③ The user shall set up and manage the payment password function so that no illegal payments are made in each open market. The WGC shall not be liable for damages caused by carelessness of the users.
Article 4. Games and eligibility for participation
1) You can find information about our Games, their features, gameplay, functions and system requirements on our website, on application stores and on other platforms. We are constantly developing our Services in consideration of User interest, and therefore, we may replace, add or exclude, alter and modify our Games and their characteristics at any time. Our Games can only be used in the currently valid versions and WGC is under no obligation to continue providing either support or updates for versions of a Game that are not up-to-date.
2) To be eligible to register an Account, to participate in any Competition or receive Services, and/or to download Software, you must: (a) be a natural person who is at least 18 years of age or older, and who is personally assigned to the email address submitted during your Account registration; (b) have the power to enter into a contract with WGC; (c) be physically located in a jurisdiction in which participation in the Competition you select is permitted and unrestricted by that state or country’s laws; and (d) at all times abide by these Terms. If any one of these requirements is not met at any time, we, on behalf of our developer partners, may suspend or close your Account with or without notice.
IMPORTANT NOTICE: YOU HEREBY EXPRESSLY CONSENT AND ACKNOWLEDGE YOUR RESPONSIBILITY FOR ANY INTERNET CONNECTION FEES THAT YOU INCUR WHEN ACCESSING OUR SERVICES. THIRD-PARTY TRANSACTION FEES MAY APPLY TO YOUR IN-GAME PURCHASES: PLEASE REFER TO THEN-CURRENT RULES OF PAYMENT PROVIDER(S) YOU MAY SELECT.
Article 5. Registration and your Account
1) Registration
When you create an Account, you will be asked for a legitimate email address that you control and to create a password. After registration, you will be given the opportunity to create a username or accept a username given by the Services. The password and username are needed to participate in the Services. As a registered user, you can update your account settings, including your email address, by logging into your WGC Account inside any WGC-enabled game and clicking “Account Settings”. Also, if you forget either your password or username, you can visit the Website or email us for help. Please keep your username and password secret because you are responsible for all activity in your Account. Although we may offer a feature that allows you to “save” or “remember” your password, this feature makes it possible for third parties to access your Account, so please use that feature prudently because such use is at your own risk. We may, in our sole discretion, reject, change, suspend and/or terminate your username.
2) Your Account
As the holder of your Account, you are solely responsible for complying with these Terms, and only you are entitled to all benefits accruing thereto. You may not allow any other person to (i) access your Account; (ii) access Services or Software through your Account; or (iii) accept or use prizes, winnings and other representative of value (including without limitation digital trophies, virtual currency or virtual goods) (collectively “Winnings”). Neither your Account nor Winnings nor any Digital Assets are transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account in any WGC-enabled game.
Article 6. Services and Software.
1) Services.
On behalf of our developer partners, we may, with or without notice to you: (1) modify, suspend or terminate your access to the Website, Services and/or Software for any reason without liability; and (2) interrupt the operation of the Website, Services and/or Software as necessary to perform maintenance, error correction, or other work. As agent for our developer partners, we may suspend and/or close the account of any user who violates, or whom we reasonably believe may be in violation of or will violate, these Terms, at any time without notice and without liability. Also, and without limiting our other rights or remedies, if we believe you have violated these Terms or if you have violated these Terms, as agent for our developer partners, we may determine that your Winnings, if any, will be forfeited, disgorged or recouped.
2) Software.
If you want to participate in Competitions or receive Services, you may be required to first download certain mobile applications from our third-party developer partners which have integrated WGC’s SDK (together with the content included therein, any associated documentation, and any application program interfaces, license keys, and patches, updates, upgrades, improvements, enhancements, fixes and revised versions of any of the foregoing, is collectively “Software”). If you do not download the Software, you will not be able to participate in Competitions or receive relevant Services. Whether you download the Software directly or from a third party, such as via an app store, your use of the Software is subject to these Terms. We license the Software to you.
3) Updates and beta releases.
when our developer partners update the Software or deploy patches, updates, and modifications to the WGC SDK (soft development kit) integrated into the Software, as applicable, we may do so through remote access of your Device without your knowledge. You hereby consent to these activities. You acknowledge that if we or our developer partners cannot remotely access your Device, then the Software may no longer work, and this may prevent you from participating in Competitions or otherwise receiving Services. We and/or our developer partners’ access to your Device will be limited solely to (i) providing support (ii) updating the Software or (iii) determining your location for skill-gaming regulatory purposes only, and is governed by the terms of our Privacy Policy.
you acknowledge and agree that a Beta Service may contain more or fewer features than the final release of the Service. We and our developer partners reserve rights not to release a final release of a Beta Service or to alter any such Beta Services’ features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics. Beta Services may not be suitable for production use and may contain errors affecting proper operation and functionality.
Article 7. ACCEPTABLE USE POLICY.
1) WGC policy
ⓛ You are personally responsible for your use of Services and Software, and while using Services and Software you must conduct yourself in a lawful and respectful manner in accordance with our rules of conduct below. We may temporarily or permanently ban users who violate these rules, or who abuse email communications, support communications, or the community purpose of any message board areas, as determined by us and our developer partners, in our sole discretion. We and our developer partners reserve the right to disable a player’s ability to upload profile photos or edit their username at any time.
② You may not submit WGC that is (i) offensive, unlawful, obscene, defamatory, libelous, threatening, abusive, inappropriate, pornographic, harassing, hateful, or otherwise unlawful or violates any law; (ii) fraudulent or misrepresentative; (iii) protected by any applicable copyright laws, trade secret or that otherwise infringe the privacy rights, property rights, or any other rights of any person; (iv) an advertisement or solicitation of business, funds, products or services; or (v) impersonating another person or invading the privacy of any third party. We reserve the right (but shall have no obligation) to decide whether any WGC that you use complies with these Terms and we may in our sole discretion remove such WGC, suspend and/or terminate Agreement with the User in question.
2) Gaming policy
ⓛ You agree that your use of the Services should be lawful and that you will comply with the usage rules. In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the Services in order to:
a. post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable;
b. defames, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable;
c. upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
d. violates the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
e. attempt to obtain passwords or other private information from others;
f. improperly uses support channels or complaint buttons to make false reports
g. violates any provisions of the Game Rules (if any);
h. violates any applicable laws or regulations or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software or cheats or hacks for the Games.
If you notice any suspicious misconduct or misuse of the Services, we encourage you to report it by sending us an email to WGC.
3) Game rules and penalties.
In-Game rules, policies and restrictions (if any) (“Game Rules”) constitute an integral part of these Terms. You agree that your use of the Services should be in compliance with the Game Rules. You hereby agree that Game Rules violations may cause WGC to impose penalties upon you, including but not limited to:
a. in-Game penalties involving no suspensions;
b. temporary and/or permanent in-Game suspensions. You hereby acknowledge that such suspensions do not constitute suspension of your User account or Game access and do not affect your Game experience;
c. User account/Game access suspension; and
d. Game access suspension for a particular User device. In-Game penalties are imposed in accordance with Game Rules and depend on the nature, scope and frequency of Game Rules violations by the User. Violations of Game Rules by the User constitute a material breach of these Terms.
Article 8. FEES AND PAYMENTS.
1) Fees and billing.
If Fees are charged to your Account, you agree to pay those Fees. All Fees must be prepaid and are non-refundable. You are fully responsible and liable for all charges, deposits and withdrawals made under your Account, including any unauthorized charges, deposits or withdrawals. The price of Services may change at any time, but no price change will affect your past purchases.
And we may change Fees and billing procedures by updating the billing application with or without notice to you. we may bill you (a) in advance; (b) at the time of purchase; or (c) shortly after purchase, in our sole discretion. You must tell us within 120 days after an error first appears on your bill for an investigation of the charge to occur promptly. After 120 days from the first appearance of the error, neither we nor our developer partners (i) will be liable for any losses resulting from the error and (ii) will be required to correct the error or provide a refund. If we or our developer partners identifies a billing error, it will be corrected within 90 days. You must pay for all reasonable costs we, as agent for our developer partners, incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
2) Withdrawals, Closing Accounts, and Forfeiture of Funds.
You may request a withdrawal of funds from your available Account balance at any time except for closed accounts. Processing of requested funds is made by check or by refund to the payment method used to make your deposit and may take up to ninety (90) days except for the any investigation of reported or suspected Abuse, verification of eligibility or to comply with Applicable Laws.
If your Account is unilaterally closed or terminated for cause as allowed in these Terms, funds in your Account may be forfeited and not returned to you.
3) Monthly Active.
If your Account has inactive for twelve, your Account may be closed.
4) Refund Policy.
Unless otherwise required by law, no refunds are given.
5) Winnings.
If you are eligible to receive Winnings, we may require that you provide proof. However, if you do not provide such proof to our or our developer partners’ reasonable satisfaction, then you will not receive the relevant Winnings. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with our efforts to do this.
6) Credit Card/ PayPal Use.
When you pay for any charges by credit card, you represent to us that you are the authorized user of such credit card including your credit card account number, its expiration date and/or your billing address. We are not liable for any loss caused by any unauthorized use of your credit card or other method of payment by a third party (such as PayPal) in connection with the Services.
7) Taxes.
you remain solely responsible for paying all federal, state and other taxes in accordance with all Applicable Laws.
Article 9. Personal Information Management.
1) Protection and use of Personal Information
The WGC shall endeavor to protect the User's personal information as prescribed by the relevant statutes, and the protection and use of personal information shall be governed by the relevant statutes and the WGC's personal information processing policy. However, the WGC's Privacy Policy does not apply to linked services other than those provided by the WGC.
And The WGC also not provide the members' personal information to others without their consent, except when requested by the relevant national agencies, etc. under the relevant statutes.
The WGC shall not be liable for any damages caused by the leakage of personal information due to the User's imputation.
2) Personal Location Data
we collect location information from your device. If you would like to opt out of having this information collected, you can disable location access to any game with the WGC SDK through the Settings menu on your mobile device.
3) Use of Information Collected
By upgrading an account and providing an email address, users authorize WGC to provide them with important announcements, relevant promotions, and other related communications relating to the Service, Software and Competitions. Users will always have the opportunity to opt out of these communications at any time.
4) Privacy Policy
We receive, store and use all information that you submit to the Website and all information you submit in registering for and participating in Services, in accordance with the Privacy Policy, so please read it carefully. We also collect anonymous aggregated and/or statistical data reflecting your use of the Website and Services and may use such data for tracking, reporting and other activities in connection with our business, also all in accordance with the Privacy Policy. We will not intentionally disclose any personally identifying all of the information about you to third parties without your consent except (1) where expressly specified in these Terms, (2) where expressly specified in the Privacy Policy, and/or (3) where we, in good faith, believe such disclosure is necessary to comply with Applicable Laws, to enforce these Terms against you, or to help prevent a loss of life or physical injury or crime.
Article 10. Ownership.
All content of the Website, all WGC products and services, all WGC logos, symbols, expansion names and symbols, play level symbols, trade dress or “look and feel”, all Digital Assets and those portions of the Software and Services which are property of WGC as well as all derivative works or modifications of any of the foregoing, and all related and underlying intellectual property (including without limitation patents, trademarks, trade secrets and copyrights), are our sole and exclusive property. We reserve all rights not expressly granted herein. Except as expressly set forth herein, no right or license is granted hereunder, express or implied or by way of estoppel, to any intellectual property rights and your use of Services and/or Software does not convey or imply the right to use the Services or Software in combination with any other information or products.
Article 11. User Indemnification of us.
You will, at your own cost and expense, indemnify and hold us and our directors, officers, employees and agents harmless from and against any and all claims, disputes, liabilities, judgments, settlements, actions, debts or rights of action, losses of whatever kind, and all costs and fees, including reasonable legal and attorneys’ fees, arising out of or relating to (i) your breach of these Terms; (ii) any use of your Account, the Website, the Software and the Services by any person including yourself; (iii) your violation of Applicable Laws; and/or (iv) your negligence or misconduct; and, if we instruct you in writing, you will, at your cost and expense, defend us from any of the foregoing using counsel reasonably acceptable to us.
Article 12. Termination and cancellation.
The Agreement between WGC and User runs for an indefinite term. Either party may terminate the Agreement at any time by giving 14days notice (this requires written or electronic mail communication). You may also terminate the Agreement with us with immediate effect by deleting Game from your device or from your social network applications.
Either party may terminate the Agreement for cause without giving notice. Grounds for such termination for causes (M&A, bankruptcy, cease of business, etc.) include material breach of these Terms. If the User fails or WGC has strong grounds to believe that he/she has failed to comply with any of the provisions of these Terms, WGC without notice may: (i) terminate the Agreement with the User and delete his/her account and the User will remain liable for all amounts due under his/her account up to and including the date of termination; and/or (ii) prevent the User’s further access to the Services (or any part thereof), (iii) temporarily suspend the User account/Game access and/or Game support services until the breach is cured.
Upon termination of your Account, you must immediately discontinue use of the Services and the Software and your Account and promptly uninstall and delete all copies of the Software. Immediately upon termination of your Account, all license and rights granted to you under these Terms automatically terminate and you shall automatically forfeit the right to use Digital Assets. Your obligation to pay accrued Fees will survive any termination of these Terms.
WGC reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time and WGC will not be liable to User or any third party should it exercise such rights.
Article 13. Disclaimers and Limitations of liability.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ALL SERVICES, PRODUCTS, INFORMATION AND DATA PROVIDED OR MADE AVAILABLE BY US OR OUR DEVELOPER PARTNERS (INCLUDING WITHOUT LIMITATION DIGITAL ASSETS AND SOFTWARE) ARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND YOU ASSUME THE ENTIRE RISK WITH RESPECT THERETO. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT SERVICES, YOUR ACCOUNT, SOFTWARE, THE WEBSITE AND/OR DIGITAL ASSETS WILL BE SECURE, VIRUS-FREE, UNINTERRUPTED OR ERROR-FREE, OR THAT THE SAME WILL FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY COMPONENT, TECHNOLOGY, HARDWARE, SOFTWARE OR SYSTEM.
We are not responsible or liable for any damage, loss or injury resulting from, relating to or arising out of (1) use, access or attempted use or access of Services, Digital Assets, the Software or the Website; (2) downloading any information from the Software, Services or Website; and/or (3) violations of these Terms by other users. We have no responsibility to enforce these terms for the benefit of any user.
Some states do not allow the disclaimer of implied warranties; as such the foregoing disclaimer may not apply to you in its entirety.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER WE, NOR OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS, WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE OR ANY INFORMATION, SERVICES, PRODUCTS OR SOFTWARE MADE AVAILABLE OR ACCESSIBLE TO YOU, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION OR OTHERWISE, EVEN IF WE OR OUR DEVELOPER PARTNERS, THIRD PARTY SUPPLIERS OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, OUR MAXIMUM LIABILITY TO YOU ARISING OUT OF OR IN ANY WAY CONNECTED TO THESE TERMS SHALL NOT EXCEED U.S. $100.00. THE EXISTENCE OF ONE OR MORE CLAIMS BY YOU WILL NOT INCREASE OUR LIABILITY. IN NO EVENT SHALL OUR DEVELOPER PARTNERS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO OUR PRODUCTS, INFORMATION OR SERVICES.
Certain jurisdictions do not allow limitations of liability for incidental, consequential or certain other types of damages; as such, the limitations and exclusions set forth in this Section may not apply to you.
Article 14. Force Majeure
The User agrees that WGC shall have no liability to user in the service offered by it in whole or in part by reason of any act, such as natural disaster, fire, war, revolution, government regulation, reasons not attributable, etc.
Article 15. Governing law and Jurisdiction.
These terms and conditions are governed by and to be interpreted in accordance with laws of Luxembourg, without regard to the choice or conflicts of law provisions of any jurisdiction. You consent to submit to the jurisdiction of the courts in Luxembourg City, Luxembourg for the resolution of any disputes that may arise with respect to these terms and conditions or the website, whether in contract, tort, or other legal proceedings.
Article 16. Dispute Resolution and Arbitration.
1) Binding arbitration.
If you and we do not resolve any Dispute by informal negotiation or in small claims court, any other effort to resolve the Dispute will be conducted exclusively by binding arbitration as described in this Section. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
2) Class action waiver.
To the maximum extent permitted under applicable law, any proceedings to resolve or litigate any Dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. If this waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then it won’t apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
3) Arbitration.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ANY CLAIM, DISPUTE OR CONTROVERSY OF WHATEVER NATURE (“CLAIM”) ARISING OUT OF OR RELATING TO THESE TERMS AND/OR OUR SOFTWARE OR SERVICES MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
The arbitration will be conducted by the International Court of Arbitration of the International Chamber of Commerce (ICC) pursuant to UNCITRAL rules, and the arbitration shall be conducted in English and the English version of these Terms (and not any translation) shall control, and both parties hereby agree to accord this arbitration agreement the broadest scope admissible under applicable Laws, and that it shall be interpreted in a non-restrictive manner. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually, and only to the extent required to satisfy your individual claim. These Terms govern to the extent they conflict with the arbitrators’ commercial rules. The arbitrator may award compensatory damages, but shall NOT be authorized to award non-economic damages, such as for emotional distress, or pain and suffering or punitive or indirect, incidental or consequential damages. Each party shall bear its own attorneys’ fees, cost and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the arbitrator; however, the arbitrator may award to the prevailing party reimbursement of its reasonable attorneys’ fees and costs (including, for example, expert witness fees and travel expenses), and/or the fees and costs of the arbitrator. Within fifteen (15) calendar days after conclusion of the arbitration, the arbitrator shall issue a written award and a written statement of decision describing the material factual findings and conclusions on which the award is based, including the calculation of any damages awarded. Judgment on the award may be entered by any court of competent jurisdiction. The parties waive their right to commence any action or judicial proceeding in connection with a dispute hereunder, except for purposes of: (i) recognition and/or enforcement of the arbitration award or any other decision by the arbitral tribunal, (ii) obliging the other party to participate in the arbitration proceedings, (iii) requesting any type of conservative or interim measure in connection with the dispute prior to the constitution of the arbitral tribunal, (iv) requesting the appearance of witnesses and/or experts, and/or (v) requesting that any information and/or documentation discovery be complied with. By agreeing to this binding arbitration provision, you understand that you are waiving certain rights and protections which may otherwise be available if a claim or Dispute were determined by litigation in court, including, without limitation, the right to seek or obtain certain types of damages precluded by this arbitration provision, the right to a jury trial, certain rights of appeal, the right bring a claim as a class member in any purported class or representative proceeding, and the right to invoke formal rules of procedure and evidence.
4) Claims or Disputes.
Must be filed within one year. To the extent permitted by applicable law, any claim or Dispute under these Terms must be filed within one year from the date of the cause of action. If a claim or dispute isn’t filed within one year, it’s permanently barred.
5) Equitable Relief.
You agree that we would be irreparably damaged if these Terms were not specifically enforced. Therefore, in addition to any other remedy we may have at law, and notwithstanding our agreement to arbitrate Disputes, we are entitled without bond, other security, or proof of damages, to seek appropriate equitable remedies with respect to your violation of these Terms in any court of competent jurisdiction.
Article 17. Miscellaneous
These Terms constitute the entire agreement between you and us pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. These Terms cannot be modified by you, and may only be modified by us as provided above. Our failure to require or enforce strict performance by you of any provision of these Terms or to exercise any right under them shall not be construed as a waiver or relinquishment of our right to assert or rely upon any such provision or right in that or any other instance. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective 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. Section titles in these Terms are for reference only and have no legal effect. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys’ fees and expenses. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or transfer any rights to use the Services or Software. You consent to our providing you notifications about the Services or information the law requires us to provide via email to the address that you specified when you created your Account. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must close your Account. These Terms are solely for your and our benefit, and not for the benefit of any other person, except for our successors and assigns.
A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) to: WGC Customer Support, Luxembourg
