DISCOVER THE WININ ORIGIN STORY

Terms & Conditions

Last updated 14 December, 2021. 

Introduction: 

Welcome to WININ!

Please read the following Terms and Conditions (“Terms”, “Terms and Conditions”, “Terms of Service”) carefully before accessing, using the “WININ” Application. Whereas, the Application thereof can't be used and/or accessed without your explicit and clear consent to all the terms and conditions as listed below in this document. Furthermore, all the included Terms in this document shall apply to all visitors and/or users of the Application including the service providers, merchants, and the owners of trade marks – By merely pressing the button “I Agree", you are expressing your explicit consent to all the terms and conditions that are entailed in this document as well as the privacy policy.

The WININ app is developed by A.R.E.A LLC (A company that is specialized in developing advanced mobile apps involving the Augmented Reality for entertaining) in the shape of app – platforms. 

By using the "WININ" Application, you agree to be bound by this Terms including all its amended terms and/or conditions. Therefore, in case you don’t agree to any of these terms and conditions, please refrain from using the “WININ”.

The following terms shall be defined as follows:

 

 

 

Intellectual Property: 

• All online platforms (Applications - websites – Application's accounts on social media platforms with its different content, whether visual or written or on the shape of maps)) are exclusively deemed as original intellectual property of “WININ” Application. Hence, the Application thereof is owned by A.R.E.A LLC.
• All the Application’s TradeMarks except for those of which are owned by the merchants, as well as the drawings, designs, maps, and the virtual characters’ drawings are exclusively deemed as original intellectual property of “WININ” Application. Hence, the Application thereof is owned by A.R.E.A LLC.
• By merely pressing the button “I Agree", you are expressing your explicit consent that all kinds of content on the Application is exclusively owned by A.R.E.A LLC.

 Code of Conduct and Users’ Protection Terms

• While you’re using the “WININ” Application for purposes of gaining a gaming experience that simulates the virtual and augmented reality, you shall abide by our rule. You shall in any way commit to not defaming or abusing the Application or its users. 
• In case of breaching these terms and conditions by you, we may initiate an action against you, including but not limited to terminating your account. Furthermore,YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT A.R.E.A SHALL NOT BE obligated to any compensation (financial or moral) for lost services due to the suspension or involuntary termination of your account.
• Our services are designed to enable you to interact in shared game realities mixed with information from the real world. In order to present you with these services, we need to collect some information about you, and we only use your information when we have a legal basis to do so.   
• You need to review our privacy policy (Of which YOU AGREE TO BY USING THE WININ APPLICATION) in order to get a better understanding of what information we collect, how we use it, and what are your options when using our services. 
• YOU AGREE TO OUR TERM OF USERS’ PROTECTION. Therefore, one entry per person shall apply here i.e a user who has one identification info shall not win more than once per each contest and/or season of Treasure Hunt. 
•  YOU AGREE TO OUR TERM OF USERS’ PROTECTION. Therefore, you shall comply to checking your identification and mobile data by the “WININ” agent in case you won a stage or contest. 
• The “WININ” Application is hereby not liable for the quality nor the content of the prizes. Moreover, the Application thereof does not warrant the prizes whatsoever.
• Neither the WININ Application nor A.R.E.A LLC are liable for any direct or indirect damage that may occur from the presented prizes.

Terms of Services

Eligibility and Account Registration 

• If you would like to proceed with using our services, you shall agree to our terms and conditions, and register an account on our platform. Furthermore, we will need to access a mobile phone, an internet connection and we need an active email address. 
• You can register an account by providing the mandatory information, or by using any other accounts the Application may offer you to use now or in the future. 
• You may register your account by extracting some particular information from the other accounts available for registration. Of which, the privacy settings in the account thereof permits us to use.  
• It is very important to provide us with accurate, complete and updated information for your account. Moreover, to agree of updating it whenever needed, in order to keep it accurate, complete and up to date. In case of not complying to update your information, you won’t be able to use the Application and/or its new features. You also agree not to share your password or the verification number with anyone. In the case thereof, we will have to initiate severe actions against you. You’re liable for all the activities within your account, whether you know about it or not. 

Who is eligible to use our Application

Children under the age of 13 are not allowed to use the Application. As for the services that allow children to participate, the parents or legal guardians “Parents” shall approve the use of our services. If you’re a parent or legal guardian of a child below the age of 13, YOU HEREBY AGREE TO OUR TERMS AND CONDITIONS BY ALLOWING YOUR CHILD TO USE OUR SERVICES. If you don’t agree to these terms and conditions, please refrain from using our services and immediately delete the Application. 

All you have to do is register and start a very unique experience of simulating the virtual reality. If you’re below the age of 13, your parents or legal guardian shall register on your behalf. We may resolve to blocking your account if your information is not accurate. 

We comply with the Children's Online Privacy Protection Act (COPPA). According to our terms and conditions, the approval process is addressed by A.R.E.A LLC. If you’re above the age of 13, and you registered to create an account through the WININ Application, this will grant you access to our services and using it. The parent of each child under the age of 13 shall register with A.R.E.A LLC in order to receive notifications of updates and any modifications that may occur to the children's use of the Application.

Before the child is enabled to use our Services. Our company, A.R.E.A LLC, requires the guardian to prove that he or she is the child's parent/mother/legal guardian and agree to register an account for the child with us. Upon receipt of both parental verification and approval, our company will enable the parent to register an account for the child with us.

If none of the parents allowed the child to access and use our services, or in the case of not verifying the parent’s approval, A.R.E.A LLC will block the child’s thereof registration and further block the child’s from accessing and using our services. Moreover, the company thereof will guarantee not accessing the child’s information through the services. Hence, if one of the parents approved the child’s access to the services and its use, however, he/she would like to cancel this registration, the parent shall send us an email on Info@theareaapp.com to cancel the request. We will stop that child's access to and use of the Services and use our best efforts not to have that child's information accessible through the Services.

The parents of children under the age of 13 understand and agree that A.R.E.A may provide information submitted to WININ / A.R.E.A – of which it collects through the services – to third parties. These information is used for the sole purpose of administering or providing the Services (eg: third party security monitoring services and web hosting companies). Please read our Privacy Policy, or contact Info@wininapp.com, for more information about how we from our users; collect, use and disclose information. 

Safe Play 

Do not hurt yourself or the others. If you did so, you assume full legal liability for your actions.

During the game, please pay attention to your surroundings and play safe. YOU HEREBY AGREE to use WININ Application and play the game on your own responsibility. It is your own responsibility to enroll in health, liability, risk, personal injury, medical, life and other insurance programs as you see reasonably necessary and fits for any injuries you may incur while using the Services. 

By merely entering the WININ application and agreeing to the Terms and Conditions “Terms of Services”, you are committed to ensuring a safe playing environment that does not expose you to any physical injury or harm for yourself.

Disclaimer – Concerning Payment Terms: 

Notwithstanding, the commitment of the Application’s management to provide the highest levels of security and privacy available. With regards to payment methods; payment is made on the “WININ” application either using bank and/or credit cards, or through electronic wallets and/or direct cash payment. In any case, WININ Application is not liable for any vulnerability, theft and/or hacking of data related to your payment method.

Terms concerning the rules of playing at contests: 

1. WININ Application has every right to block and/or suspend your account/s in case it turned out that you have more than one account. As the case may be, you’re breaching the Terms and Conditions. 
2. With regards to Treasure Hunt you expressly agree that you shall not use some or all of the aids and/or superpowers at the final challenge of each contest.

Application’s Property Rights

Do not copy, modify, resell, distribute or reverse engineer this Application. Subject to your compliance with these Terms and Conditions, and for non-commercial purposes; A.R.E.A grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the Application on a mobile phone or device and to run such copy of the Application solely for yourself in order to start with your Virtual Reality gaming experience. Except as otherwise provided herein the Terms and Conditions, you are not allowed to: 

1. Copy, modify, or create derivative works based on the Application.
2. Distribute, transfer, sublicense, rent, loan or lease the Application to any third party.
3. Reverse engineer, decompile, or disassemble the Application.
4. Making the functionality of the application available to multiple users through any means. Under these Terms, A.R.E.A reserves all rights in the Application of which are not expressly granted to you.
5. If you accessed or downloaded the app from the Apple Store; You agree to the following:

1. Only use the Application on an Apple-branded device or product that is running with an IOS system (Apple's proprietary operating system software).
2. Only use the Application as permitted by the "Using our Services" set forth in the Apple Store Terms of Service.

If you accessed or downloaded the app from any other app store or distributing platform, (Such as Apple Store, Google Play Store, or Amazon-App Store) “any app store”, you hereby agree and acknowledge the following:

1. All these Terms and Conditions are entered into between you and A.R.E.A LLC, not with the App Stores, and A.R.E.A LLC is solely responsible for the Application; Being the one who operates it. Except for the part concerning your credit card information and its subordinates. 
2. The app store is not committed to any technical support or maintenance of the Application.
3. A.R.E.A LLC bears no responsibility for any refund in the event that you purchase any content, service or product from the application and it is not available in your country or in the case that merchant prizes are not available for delivery in your country.
4. The Application Provider is not responsible for handling any claims you have or any claims of any third party in connection with the Application or your possession and use of the Application. This includes but not limited to:

1. Product liability claims.
2. Any claim that the Application does not comply with any applicable legal or regulatory prescriptions.
3. The arising claims under consumer protection or similar legislation.

1. In the event that any third-party claims that the Application or your possession and use of the Application infringes the intellectual property rights of a third party, A.R.E.A LLC will be solely responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement to the extent required by these Terms and Conditions.
2. The App Store and its affiliates are considered third-party beneficiaries under these Terms and Conditions. Furthermore, when you agree to the Terms and Conditions of the WININ application, you agree to all the terms and conditions and privacy policies of the stores and third parties.
3. You shall also comply with all applicable third-party terms of service when using the Application.

You agree to comply with all laws and regulations that are enacted in your place of residence.

Regarding the used and circulated content within the application:

We grant you full access to our content. The “Content” refers to all the written text in all its forms, programs, texts, drawings, images, sounds, music, video clips, audio-visual combinations, reactivity features, virtual characters, authored work of any kind, other information or materials, and everything else that was published or to be published or created or otherwise made available through WININ and its services. Nevertheless, “User Content” means any content provided by any of the Users, including yourself. Therefore, A.R.E.A LLC is not responsible for any content whatsoever that is being circulated among the Users.

Content’s Ownership:

You may not claim any ownership rights to A.R.E.A LLC in any User Content, and nothing in these Terms will be deemed to limit any of the rights set forth. We may use your User Content (including the IP address) and, and according to the aforementioned, A.R.E.A LLC and its licensors exclusively own all rights, and interest in the Services and Content, including all associated intellectual property rights. You also acknowledge that the Services and Content are protected by copyright, trademark, and other laws of countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other notices of proprietary rights included in or accompanying the Services or Content.

Granted Rights by the User: 

You’re solely liable for any content you make. 

You acknowledge and attest that you are solely liable for all of your User Content, and that you agree to grant us the right to exercise censorship measures over your Content in accordance with these Terms.

Users shall not publish any defamatory, falsehood informatory, infringing, and/or pornographic and/or any other content that includes inappropriate language and/or anything related to discrimination, intolerance and/or any threatening or offensive content on any of the platforms of "WININ" Application.

You shall not post anything related to political matters, public opinion issues and/or unsolicited promotional campaigns.

Concerning the Items Drop

WININ app allows account holders to get and trade items, and interact about it. Including but not limited to 'WININ Avatars', SMILEs, 3D Coins, Virtual Points or vouchers 'Trade Items' during gameplay. Opposite to virtual money "virtual currency", (see below).

1. Items Drop are not subject to be traded in exchange for real currencies or cryptocurrencies. 
2. Items Drop are not subject to be traded in exchange for anything tangible, intangible, financial or anything on social media platforms. 
3. Items Drop are not tradable in any financial market or stock exchange.
4. We reserve the right to delete all Items Drops or any product, content or service (purchased or obtained from the WININ Store) at any time we see fit without any liability to us for warranty and/or financial and moral compensation.

 

The effect of termination on tradable Items Drop (pickups) and/or purchases.

We may cancel, suspend or terminate your account and your access to trading Items, virtual goods, content, services or products (Purchased or obtained from the WININ Store). According to our sole discretion and without any prior notice. As the case may be one of the following:

1. Your account is inactive (i.e. not used or logged in) for a period of one month.
2. Your failure to comply with these Terms and Conditions and/or the Privacy Policy.
3. If we suspected you for fraud or misuse of tradable Items (Items Drop) and/or purchases or other content.
4. If we suspected any other illegal activity associated with your account.
5. We are working with the purpose of protecting the Services, our systems, the Application, any of our users, the reputation of A.R.E.A LLC, the owners and partners, or any related companies or service providers associated with the Application.

 

We have no obligation or liability towards you and will not compensate or refund you for any tradable Items, virtual money, commodities or rewards lost due to such cancellation, suspension or termination.

 

You acknowledge that A.R.E.A LLC is under no obligation to provide a refund for any reason and that you will not receive money or other compensation for Goods or tradable Items (Items Drop), purchases and/or any items within your unused wallet, upon terminating your Account, whether this closure was voluntary or involuntary.

We have the right to display, modify, delete and/or terminate trading items, whether Tradable Items (Items Drop) and/or Purchases and/or prizes and/or Items and/or Content and/or the Services, or any part, at any time, without notice or liability to you.

Virtual Money and Virtual Goods:  

The purchase of Items Drops, Products, Services, Content, and Vouchers of which, made available and/or offered by the WININ Application is limited to account holders who meet the following criteria: 

1. At the age of 13 or older.
2. Under the age of 13, however, obtained a verified approval from a parent or legal guardian to make the purchase.

The parents of children who are under the age of 13 can refer to the APP-STORE or Google Play Store settings in order to restrict in-app purchases. However, they should also monitor their children's accounts for any unexpected activity, including the purchase of Virtual Money and Virtual Goods. 

The full legal liability concerning everything related to available purchases through the application of those who are under the age of 13 and holding WININ accounts lays on the parents or legal guardian.

In-App Purchases 

• You hereby acknowledge that you do not acquire any intellectual property or proprietary rights with regards to the Virtual Characters, Items Drops, Photos Filters and Frames, and the Content in general. Hence, any content in your wallet does not reflect any store credit or real money value.
• You hereby agree that everything contained in your Wallet and/or Profile has no monetary value and does not constitute any currency of any kind or actual property of any kind.

Code of Conduct, Dos and Don’ts:

• You hereby pledge not to hack the Application and/or User Accounts or to cheat in any technique whatsoever during the gameplay or challenges.
• The WININ Application of which owned by A.R.E.A LLC reserves the right to initiate any legal action against you if it is proven that you are hacking or cheating. Furthermore, the application reserves the right to terminate your account and erase it in the event we suspect fraud, use of fraudulent methods or illegal hacking.
• In case we found out that you have won one of the challenges provided by the WININ Application by cheating, using fraudulent methods or illegal hacking, we reserve the right to take the proper action. 
• You hereby agree that you are entirely liable for your conduct and User Content while using the services and while playing on the WININ Application. 

 

 

 

You hereby pledge not to do the following: 

1. Defamation, abuse, harass, harm, stalk, threaten or otherwise violate any other legal rights (including privacy promotional rights), to Users, other stakeholders, one of our strategic partners, or our crew.
2. Upload, post, email, share or otherwise make available any message that contains unlawful, inappropriate, pornographic, vulgar, abusive, fraudulent, false, misleading or deceptive in any way or defamatory content.
3. Incite to or engage in discrimination, extremism, racism, hatred or harassment against any individual or group. 
4. Breaching other people’s properties, or attempt to gain access in any way to any property or site in which you do not have the right or permission.
5. Upload, post or make available in any way; a commercial message, advertisement, pyramid scheme, or any other disruptive notice.
6. Identity theft. 
7. Incite to or provide directions about illegal or harmful activities.
8. Incite to or engage in physical harm, violence or injury against an individual or a group of people.
9. Transmission of any worms, defects, viruses of any kind, or any items of a destructive nature.
10. Submitting false, fraudulent, misleading or inappropriate statements, or faking an account’s erase or edit.
11. Post, upload, share or send any content that infringes a third-party patent, copyright, trademark, confidentiality, moral or other intellectual property rights, promotional rights or privacy.
12. Use, share or post any content that harms the reputation of A.R.E.A LLC or any of its owned and operated applications.
13. Access the Application’s software and reach information which not publicly published and the public are not aware of.
14. Attempting to hack any content or programming language branching out from the Application.
15. Trying to overcome any technical measure implemented by A.R.E.A LLC or any third party (including another user) to protect the Services or Content.
16. Attempting to access or search for Services or Content, or download Content from the Services by using any technology or means other than the ones provided by A.R.E.A LLC or the other available web browsers generally. (This Includes but not limited to; Automation Software, Bots, Data Mining Tools, or Hackings).
17. Extract, scrape, index, copy or reverse the Services or Content or parts thereof. (This Includes but not limited to; WININ Application database information, any other information about the Users and the gameplay method, and/or any other database that is owned by A.R.E.A LLC)
18. Use any descriptive tags or any other hidden text, metadata using the A.R.E.A LLC or WININ trademark, our logo, our URL or our product’s name without the express written consent of A.R.E.A LLC.
19. Forge any TCP/IP packet address with any piece of information in any email or a pile of trending news, or in any other way; use the Services or Content to submit modified, deceptive, or false source identification.
20. Attempt to decompile or reverse-engineer any of the used software to provide the Services or Content.
21. Interfering with or attempting to interfere with the access of any user, host or network. This includes but not limited to; sending a virus, overloading, sending a random email or spamming.
22. Initiate any action that imposes, or may impose or result in the creation of an unreasonable or disproportionately large burden on the Services or infrastructure of the Application.
23. Delete, hide or alter any content in the Services or the Content by any means.
24. Use the Services or the Content, or any part thereof, for any commercial purpose whatsoever, or for the benefit of any third party, and/or in a way that does not comply with these Terms and Conditions. This includes but not limited to;

1. Collecting the Application’s items or resources for the purpose of selling it outside the Application.
2. Performing an in-app service in return for out-of-app payments.
3. Sell, resell, rent or lease the Application or your account.
4. Collect or store any personally identifiable information from the Services that belongs to other users of the Services without their express consent.
5. Violate any applicable laws or regulations.
6. Encourage or enable any other individual to do any of the above.

• We reserve the right, at any time we see suitable, to turn off the Application for any legal reason we may see fit. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
• We welcome any feedback, remarks and suggestions for improving our services. You are most welcome to send your feedback and comments to the e-mail: INFO@wininapp.com. 
• Regarding third parties or any other stakeholder: We may link to other people's websites, but we are not liable by any means whatsoever for their actions.
• The Services and Application may contain links to third-party websites or resources. We provide these URLs for certain reasons such as convenience, or to promote and advertise. However, we are not liable by any means whatsoever for the content, products or services of which made available on the websites thereof, nor the resources or displayed links on these websites. YOU SOLELY ACKNOWLEDGE YOUR OWN RESPONSIBILITY about all the risks arising from the use of third-party websites and resources. 
• Both parties; You and we may terminate your account and block your access to the Services at any time and for any reason whatsoever.

Termination 

At any time we see fit, with or without notifying you, and according to our sole discretion; we may terminate your access to and use of the. Also, you can cancel your account at any time. 

In any case, upon any termination, suspension or cancellation of the Services on your account; The following Terms and Conditions will remain in effect:

• The Notice of Litigation and Applicable Law;
• Content Ownership;
• The Rights You Granted Us;
• Termination affects all items including Items Drops, Vouchers, or Rewards;
• Reactions;
• Disclaimers of Warranties;
• Liabilities;
• Dispute Resolution.

DISCLAIMER OF WARRANTIES

• YOUR USE OF THE WININ APPLICATION AND THE SERVICES IS AT YOUR OWN SOLE RESPONSIBILITY, to the extent prescribed by applicable laws. The Services and Content are merely provided “AS IS” without any kind of warranty. Without prejudice of the aforementioned, A.R.E.A LLC IS EXPRESSLY DISCLAIMING ANY KIND OF WARRANTIES ON THE SERVICES, NOW OR IN THE FUTURE, MENTIONED HERE OR NOT.
• A.R.E.A LLC DO NOT warrant that the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. Furthermore, we DO NOT warrant the quality, accuracy, timeliness, sincerity, completeness or reliability of any Content.
• You assume full responsibility related to your communications and interactions online or offline with other users using the Services, whether you communicated with them or just interacted as a result of using the Services. You hereby acknowledge that A.R.E.A LLC does not examine or inquire about the background of any users of the Services. A.R.E.A LLC is not liable for any conduct of users of the Services. You agree to carefully take reasonable precautions in all communications and interactions with other users of the Services. As well as, with other people with whom you communicate or interact as a result of your use of the Services. Especially, if you decided to contact the people thereof without the use of internet. 

Litigation and Legal Jurisdiction: 

• The applicable British law in the Cayman Islands shall be the legal reference in the construction of this “Terms” as well as in resolving any dispute and/or complaint arising out of the use of the WININ Application.
• The Cayman Islands regular courts shall assume exclusive jurisdiction to hear any dispute arising from the use of the Application.
• If you have any inquiries or comments about these Terms and Conditions, or to report any violations of the Terms and Conditions or misuse of the Application, Services or Website; Please, don’t hesitate to contact us on info@wininapp.com.