Terms of Service
Effective date: November 28, 2018
These
Terms of Service explain your rights and obligations in using mobile
application provided by WHITEDOT INTERNATIONAL GROUP. We refer to Mobile App users as users
("Users") of WHITEDOT INTERNATIONAL GROUP's Services ("Services") whether as a guest
or registered player.
Please
read the Services carefully. By continuing to use the Services, you agree that
you have read and are bound by these terms. If you do not agree to these terms,
you must not use the Websites or the Mobile App.
These Terms of Service include important agreements about your rights
and the rights of WHITEDOT INTERNATIONAL GROUP, including a binding agreement
about how to resolve any disputes between us connected to the Services.
I. ABOUT AVAILABILITY OF THE ONLINE SERVICES
SOLE
CONSIDERATION. You agree that our sole offer to
you in connection with the Services is to provide them as-are, or as modified
by us in our sole discretion, until such time as we should choose to
discontinue the Services or any component of the Services.
SERVICES
PROVIDED AS-ARE. You agree to use the Services
as-are. UNLESS THE DISCLAIMER OF SUCH WARRANTIES IS PROHIBITED BY APPLICABLE
LAW, YOU EXPRESSLY AGREE THAT ACCESS TO THE SERVICE BY ANY MEANS IS AT YOUR
SOLE RISK, AND THE SERVICES ARE PROVIDED "AS ARE" AND "AS
AVAILABLE," AND WE DO NOT MAKE ANY WARRANTIES WHATSOEVER WITH RESPECT TO
THE SERVICES, INCLUDING WITHOUT LIMITATION, WARRANTIES, EITHER EXPRESS OR
IMPLIED, SUCH AS THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
ERROR FREE OR PROVIDE ADEQUATE, COMPLETE OR TIMELY INFORMATION OR DATA.
other account or service are not the responsibility of
WHITEDOT INTERNATIONAL GROUP. We have the right to disable any username or
password, whether chosen by you or allocated by us, at any time, if in our
reasonable opinion you have failed to comply with any of the provisions of
These Terms of Service. For certain Services, WHITEDOT INTERNATIONAL GROUP may
require you to verify your phone number and consent to a one-time SMS message
sent through a third-party service provider. You are responsible for providing
your accurate phone number for verification purposes.
ONLINE
SERVICES SUBJECT TO CHANGE. You agree that we may
change or discontinue the Services in our sole discretion and without prior
notice. You agree that you will not rely on the continued availability of the
Services in taking any action, refraining from any action, or entering into any
commitment.
IF
IMPORTANT, KEEP A COPY. You agree that unless
otherwise specified any Account Information which you upload or provide via the
Services may be modified or deleted without prior notice and at WHITEDOT
INTERNATIONAL GROUP's sole discretion. Therefore, to the extent any Account
Information has importance to you, you agree to maintain an original copy
separate from these Services.
II. ABOUT YOUR ELIGIBILITY FOR THE ONLINE SERVICES
YOUR
AGE. The Services are intended for use by individuals 12
years of age and older. You are not permitted to use the Services, establish an
Account, or provide Account Information if you are under 12 years of age.
III. ABOUT YOUR RESPONSIBILITY FOR THE SERVICES
YOUR
LIABILITY. You are fully responsible for how you use our
Services. You agree to indemnify and hold harmless us and our directors,
officers, employees, service providers, vendors, and agents from and against
any and all losses, liabilities, claims, damages or expenses (including
attorneys' fees and court costs and expenses) arising from or related to any
use of the Services by you or that occurs because of you.
PROHIBITED
USE OF THE SERVICES. You may not create a
user name, post, upload, email or otherwise transmit to WHITEDOT INTERNATIONAL
GROUP submissions of any kind that are, within the sole discretion of WHITEDOT
INTERNATIONAL GROUP, determined to be commercial, illegal, offensive or
potentially harmful to others.
IV. ABOUT INTELLECTUAL PROPERTY
OUR
INTELLECTUAL PROPERTY. You acknowledge and
agree that WHITEDOT INTERNATIONAL GROUP or its third party licensors own the
contents of the Services and all copyrights and all other right, title and
interest in and to such content, and you agree not to challenge, directly or
indirectly, WHITEDOT INTERNATIONAL GROUP's ownership (or that of its licensors)
in and to such content. Nothing contained in the Services or in these Terms of
Service should be construed as granting, by implication, estoppels, or
otherwise, any license or right to use any name, logo, trademark or service
mark displayed in the Services without the written permission of WHITEDOT
INTERNATIONAL GROUP or such third party that may own the trademark displayed
via the Services, and you may not use any name, logo, trademark, or service
mark available via the Services without prior written approval by WHITEDOT
INTERNATIONAL GROUP. Except as expressly permitted in these Terms of Service,
you may not copy, display, distribute, perform, create derivative works of, or
otherwise use the Services or their content.
COPYRIGHT
VIOLATIONS. If you believe in good faith that any material
provided through the Service infringes upon your copyright, you may send notice
to WHITEDOT INTERNATIONAL GROUP requesting that the material or access to the
material be removed, pursuant to the Digital Millennium Copyright Act
("DMCA") .The notice must include all of the following:
An electronic or physical signature of the copyright
owner or person authorized to act on behalf of the copyright owner; sufficient
identification of the allegedly infringing material; sufficient information as
to the location of the allegedly infringing material so that it may be found
and identified; the complainant's name, address, telephone number and, if
possible, email address; a written statement by the complainant of a good faith
belief that use of the material in the manner complained of is not authorized
by the copyright owner, its agent or the law; and a statement by the
complainant, under the penalty of perjury, that the information in the
notification is accurate, and under penalty of perjury, that the complainant is
the owner or is authorized to act on behalf of the owner of the copyright that
is allegedly infringed.
If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you, you may send WHITEDOT
INTERNATIONAL GROUP a counter-notice. All notices with respect to WHITEDOT
INTERNATIONAL GROUP should be sent to the WHITEDOT INTERNATIONAL GROUP
Copyright Agent. WHITEDOT INTERNATIONAL GROUP suggests that you consult your
legal advisor before filing a notice or counter-notice. You expressly
acknowledge and agree that WHITEDOT INTERNATIONAL GROUP shall not be liable to
you under any circumstances for declining to replace material. Also, be aware
that there can be penalties for false claims under the DMCA.
V. ABOUT HOW WE WILL RESOLVE CONFLICTS BETWEEN US CONCERNING THE
SERVICES
NO
CLASS ACTIONS; NO JURY TRIAL. You agree that you
will only sue us as an individual in any dispute connected with the Services.
You agree that you will not file a class action, or participate in a class
action. You agree that you will not join any claim you may have against us with
the claim of any third party. You waive any right to a trial by jury.
BINDING
ARBITRATION. You and we agree that at the
election of either party, any dispute connected with Services between us may be
sent to binding individual (non-class) arbitration to be administered by JAMS,
Inc. ("JAMS"). If, for any reason, JAMS is not available or will not
hear the case, you or we may file our case with any national arbitration
company. You and we agree that the arbitrator shall not have any power to
consider, hear, entertain, or grant any class arbitration.
STANDARD
OF CARE. You agree that our sole obligation to you in
connection with the Services is to provide the Services as-is. You agree that
unless we do something that is grossly negligent or an act of willful
misconduct in connection with the Services, we will not be liable to you or to
any third party.
LIMITATIONS
ON LIABILITY. If, for any reason, we are judged
liable to you connected with Services, you agree that your recovery will be
limited to your actual damages, measured by actual out-of-pocket economic loss.
You agree that you will not ask for any consequential, special, punitive or
exemplary damages, or indirect or lost profits. You agree that even if you
request these types of damages, a court or arbitrator cannot award them to you.
You understand and agree that the price of these Services would be
significantly higher but for these limitations on liability. This limitation on
liability shall not be construed to apply to any damages or other substantive
remedies available via statute.
WE'RE
NOT RESPONSIBLE FOR ALL CIRCUMSTANCES.
You also agree that we are not responsible for anything beyond our control. For
example, we are not liable: for Service interruptions caused by problems with
the communications network; for problems caused by any Internet service
provider; for your computer or its programs failing; for the acts of criminal
attackers, whether in real-time or automated (e.g., viruses); other
technologically harmful material that may infect your computer equipment,
computer programs, data or proprietary material due to your use of the Websites
or Mobile Apps or to your downloading of any content on it, or on any website
linked to it; or for errors in information provided to us upon which we reasonably
rely. These are only examples. We assume no responsibility for the content of
websites linked on the Websites or Mobile Apps. Such links should not be
interpreted as endorsement by us of those linked websites. We will not be
liable for any loss or damage that may arise from your use of them.
VI. ABOUT CHANGES TO THIS AGREEMENT
TERMINATION
BY US. We reserve the right to terminate this Agreement, in
our sole discretion. We may terminate this Agreement prior to sending you
written notification. For example, we will terminate the account of any User
who threatens or harasses any other User.
AMENDMENTS. These Terms of Service may be updated from time to time. Non-material
changes and clarifications will take effect immediately, and material changes
will take effect within 30 days of their posting on the Websites. Where the
changes are material, we may also choose to email all our registered users with
the new details and it is within our sole discretion whether or not we choose
to do so. The date of the most recent revisions will also appear on this page.