Please read these terms of use carefully before using our services.
These Terms of Use (the "Terms") are the legal agreement between you (the "User" or "you") and JOYWIN GAME ("JOYWIN GAME", "us" or "our" or "we" or "Company") for your use of our all mobile applications ("Games"), and any related services and content (together the "Services"). BY ACCESSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND OUR GAMES PRIVACY POLICY (available at: https://joywingame.com/privacy-policy.html). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CONNECT TO, ACCESS, OR USE THE SERVICES IN ANY MANNER WHATSOEVER.
"JOYWIN GAME"®, JOYWIN GAME's marks and logos and all other proprietary identifiers used by the Company ("Company Trademarks") are all trademarks and/or trade names of the Company, whether or not registered. All other trademarks, service marks, trade names and logos which may appear on the Services belong to their respective owners ("Third Party Marks"). No right, license, or interest to the Company Trademarks and the Third Party Marks is granted hereunder, and you agree that no such right, license, or interest may be asserted by you with respect thereto and therefore you will avoid using any of those marks, except as permitted herein.
We may, at our sole discretion, change, modify, add to or delete any of the terms and conditions of these Terms, and/or the Content and/or the Services at any time, without prior written notice to you. In the event of any material changes to the Terms, we will make reasonable efforts to post a clear notice on the Services and/or will attempt to send you an e-mail (to the extent that you provided us with such e-mail address) regarding such change. Your continued use of the Services, following any change to these Terms, constitutes your complete and irrevocable acceptance of any such change. If any modification to these Terms is not acceptable to you, your only recourse is to cease using the Services.
To use the Services, you must be over the age of thirteen (13). We reserve the right to request proof of age at any stage so that we can verify that minors under the age of thirteen (13) are not using the Services. In the event that it comes to our knowledge that a person under the age of thirteen (13) is using the Services, we will prohibit and block you from accessing the Services and will make all efforts to promptly delete any information with respect thereto.
JOYWIN GAME may offer You, a player of a Game published by JOYWIN GAME, certain virtual currencies, virtual goods, or services to be used within a Game and which You may earn or redeem via gameplay ("Virtual Goods"). Virtual Goods may be offered to You as part of a program that is subject to an advance recurring payment ("Subscription") or separately within the Game itself. By clicking the available confirmation button in the Game, You confirm the purchase of a license to use the Virtual Goods. You do not own Virtual Goods but instead you purchase a limited personal revocable license to use them. Virtual Goods are non-transferable, personal to You, and limited only for Your private, non-commercial use solely within the Game in which the Virtual Goods were purchased. JOYWIN GAME has no obligation to exchange Virtual Goods for anything of value and shall not be liable for any loss of Your Virtual Goods. Virtual Goods do not have an equivalent value in real cash and do not act as a substitute for real money or reflect any stored value. Virtual Goods purchased in Games available on third-party platforms such as Google Play or App Store (the "Platform") will also be governed by the applicable Platform's terms of service and user agreement, in addition to these Terms of Use. Please review the Platform's terms of service (and any additional relevant documentation provided by the Platform) for additional information. ALL SALES BY US TO YOU OF VIRTUAL GOODS ARE FINAL AND NON-REFUNDABLE TO THE FULLEST EXTENT ALLOWED BY LAW. You will not receive money or other compensation for unused Virtual Goods when an account is closed or terminated for any reason. JOYWIN GAME may revise the pricing for the Virtual Goods at any time. JOYWIN GAME may modify or eliminate Virtual Goods at any time, with or without notice.
JOYWIN GAME may offer You, a player of a mobile game published by JOYWIN GAME, Subscriptions that are subject to an advance recurring payment. Subscriptions will provide You with access to Virtual Goods or additional content within the Game ("Subscription Content"). Each Subscription will detail the Subscription Content, the Subscription period, and the amount required to be paid ("Fees") to receive the Subscription Content. By clicking the available confirmation button in the Game, You confirm the purchase of the offered Subscription and agree to the following Subscription Terms of Use:
The Subscription is offered within a Game played on a Platform. The Subscription is non-transferable and shall only be used by a single user within the Game it was purchased, and can only be accessed through Your account in the applicable Platform (the "Account"), by which the purchase was made. Upon purchase of the Subscription program, You will be entitled to the Subscription Content, as detailed in the offered Subscription. JOYWIN GAME may, in addition to the Subscription Content, offer one-time or limited-period Virtual Goods to certain Players, which are excluded from and in addition to Your ongoing Subscription.
The Subscription period includes the following (each, a "Subscription Period" and collectively, the "Term"):
A Free Trial: As part of the Subscription, we may offer You a trial period, free of charge, for a certain period of time from the purchase of the Subscription. If You do not cancel the Subscription at least 24 hours before the end of the trial period, You will automatically be converted into the paid Subscription period. Please note that Your paid Subscription begins immediately after the activation of a trial Subscription, not after the trial period.
Paid Subscription period: You will be automatically charged the price quoted in the offer on a periodic basis, as mentioned in the Subscription offer.
Automatic Renewals: The Subscription will be automatically renewed as long as all of the following conditions are met:
Your Account will be charged for the Subscription Fees by the Platform owner using the payment method specified by You therein. Thus, additional payment terms of the applicable Platform may apply. Please review the applicable Platform's terms for additional information. If You have any questions or other payment related issues, please contact the applicable Platform's customer support directly.
Subscription rates are based on an amount in U.S. Dollars. If You are using a local currency, the actual amount may fluctuate based on currency exchange rates without notice to You.
The Fees are non-refundable, unless otherwise required by applicable law or stated in the applicable Platform's terms. You hereby understand and agree that You will not be entitled to any compensation or refund for any unused Virtual Goods.
You are responsible for paying the Fees, including but not limited to providing a valid payment method in Your Account.
JOYWIN GAME may, at any time and in its sole discretion, change the Fees and will notify You within a reasonable time in advance of any Fee changes. If you disagree with a change, you should cancel the Subscription.
You may cancel the Subscription at any time directly through Your Account settings. For more information on how to cancel Your Subscription, please contact the applicable Platform's customer support or review their website, or contact JOYWIN GAME at [email protected].
If you cancel a Subscription, your cancellation will be effective at the end of the then-current Subscription Period. If You cancel Your Subscription more than 24 hours before the expiration of the then-current Subscription Period, the Term of Your Subscription will expire at the end of the then-current Subscription Period. Otherwise, Your Account will be charged for an additional Subscription Period and shall expire at the end of the additional renewed Subscription Period.
With respect to Free Trials, in order to prevent Your Account from being charged, You should cancel Your Subscription at least 24 hours before the end of Your Free Trial. In that case, Your Subscription will be terminated at the end of the Free Trial. If You choose not to cancel Your Subscription within the trial period, Your Account will be automatically charged for the Fees.
For the avoidance of doubt, JOYWIN GAME may, at any time and at its sole discretion, cancel the Subscription. Upon such a cancellation, Your Subscription shall survive until its expiry and shall not be renewed.
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICES REMAINS WITH YOU. THE COMPANY FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, FUNCTIONAL, UNINTERRUPTED, SECURE, ACCURATE, COMPLETE AND ERROR-FREE.
You shall indemnify, defend, and hold us and our directors, officers, and employees from and against all claims, suites, costs, damages, losses, liability, and expenses, including reasonable attorneys' fees and other legal expenses, arising from or incurred as a result of your use of the Services, or your violation of these Terms. You agree JOYWIN GAME may take exclusive control of the defense of any legal action for which you are required to indemnify under these Terms, at your expense. You further agree to cooperate in our defense of these actions. JOYWIN GAME will use reasonable efforts to notify You of any claim for which You are obligated to indemnify under these Terms.
Certain links provided herein permit our Users to leave the Services and enter third party sites or services. These linked sites and services are provided solely as a convenience to you. These linked sites and services are not under the control of JOYWIN GAME and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content including but not limited to content advertising, products or other information on or available from such linked sites and services or any link contained in linked sites or service. In addition, JOYWIN GAME is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. We reserve the right to remove any link at any time. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or services. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable and we encourage you to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information about you is being collected.
At any time, we may discontinue your use of the Services, at our sole discretion, with or without any reason or prior notice, in addition to any other remedies that may be available to JOYWIN GAME under any applicable law.
If you wish to request the deletion of your personal data, please submit your request directly through our customer service feature within the app. To do this, navigate to the customer service section in the app and send us a message specifying your desire to delete your data. Upon receiving your request, we will take steps to remove your personal information from our databases, in accordance with applicable legal requirements and our data retention policy. Please note that some information may be retained for a legally required period even after your request. If you have any questions regarding the process or your rights, please contact our customer support team for further assistance.
By registering for an account, you agree to receive promotional emails and one-time password (OTP) emails from us. These communications may include information about promotions, updates, and security notifications. If you wish to opt out of promotional emails, you can do so by following the unsubscribe instructions included in these emails. Please note that you cannot opt out of receiving OTP emails, as they are necessary for account security and verification purposes.
If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. These Terms do not, and shall not be construed to create any relationship, partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. YOU ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein. You may not assign or transfer these Terms (including all rights and obligations hereunder) without our prior written consent and any attempt to do so in violation of the foregoing shall be void. We may assign or transfer these Terms without restriction or notification. No amendment hereof will be binding unless in writing and signed by JOYWIN GAME. The parties agree that all correspondence relating to these Terms shall be written in the English language.
These Terms will be governed by, construed, and enforced in accordance with the laws of China, without regard to its conflicts of law principles or provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded of these Terms.
Any disputes arising out of or in connection with these Terms or Your use of the Services, to the fullest extent permitted by law, shall be finally exclusively settled under the Rules of Arbitration of the China International Economic and Trade Arbitration Commission ("CIETAC") by one arbitrator appointed in accordance with the CIETAC Rules (the "Arbitrator"). The arbitration shall take place in Shanghai, China and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. Each party's responsibility to pay the costs of the arbitration – the fees and expenses of the arbitrators and the CIETAC administrative expenses – will depend on the circumstances of the arbitration and are set forth in the CIETAC Rules. The award passed by the Arbitrator shall be final and binding.
YOU AND JOYWIN GAME AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES, TO THE FULLEST EXTENT PERMITTED BY LAW, WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THIS MEANS THAT YOU AND JOYWIN GAME BOTH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS YOU AND JOYWIN GAME AGREE OTHERWISE IN WRITING, THE ARBITRATOR IN ANY DISPUTE MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS ACTION PROCEEDING.
If you have any questions, complaints and/or claims, you may contact us at [email protected].