Winning Streak 9 Consulting, LLC which is an interactive game developer service (the "Service") on the Apple App store and Google Play store, as with any app developer service, we must establish some basic rules designed to ensure enjoyment by all of our Users (as defined below).
General Terms For Use Of The Service:
The Service offers Users (as hereinafter defined) access to (i) information, software apps and content owned or licensed by the Company. "User" means any person who establishes an authorized account ("Account") for access to and use of the Service. The right to use the Service is personal to the User and a User's Account is not transferable. A User is an individual who registers to use the Service. A User may permit use of the Service by other individuals in User's household, but the User remains solely responsible for all charges, if any, incurred by such individuals. By registering as a User and using the Service and any Company website, you accept and agree to comply with this Agreement, as modified from time-to-time, as well as all rules or policies posted in connection with products, including contests, offered by the Company ("Rules"), for as long as you remain a User. Except as expressly permitted in this Agreement or in applicable Rules, no portion of any information, content or software which is accessed by using the Service or accessing any Company website, other than information, content and software necessary for the operation of the User's Account (which shall be used solely in connection with User's Account) may be downloaded, copied, reproduced, redistributed, retransmitted, published, resold or otherwise commercially exploited by any User.
There are no refunds, credits or exchanges to any Users of this Service or Mobile Apps.
The Company reserves the right, at any time, to (i) change the terms of this Agreement and/or any Rules, (ii) change the Service, including eliminating or discontinuing any content or feature of the Service, changing the terms of eligibility, restricting the hours of availability, or limiting the amount of use permitted by the User, or (iii) change any fees or charges for use of the Service, including instituting new or increased fees or charges for the use of the Service or any features, contests, products or services offered through use of the Service. Users will not be given prior notice (via either postings on the Company's website or emails to Users) before any increase in existing fees or charges that will become effective. Any use of the Service under a User's Account regarding changes in fees and/or charges shall be deemed to constitute acceptance by the User of the changes in those fees and/or charges.
User Account Responsibility And Fees:
The User is responsible for insuring that all use of the Service under the User's Account (i.e., use of the Service by any person using the User's ID and password) complies with the provisions of this Agreement and all applicable Rules. The User is responsible for protecting and maintaining the confidentiality of his or her password. If the User believes that his or her User Account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of User's password), User must promptly change his or her password immediately. The User is responsible for paying all fees and charges (plus applicable taxes) associated with the use of the Service under the User's Account, including payment of fees or charges incurred for premium features or options and payment for purchases made through Apple App Store or Google Play or any other third party payment processor. Unless otherwise stated, (i) payment of all fees and charges must be made by a valid, approved credit, debit or charge card, and (ii) all fees and charges (including, without limitation, entry, registration, and transaction fees) are non-refundable. The Company is not responsible for delivery, warranties, guarantees or other matters concerning purchases from third parties. Access to and use of premium features or options of the Service is subject to posted terms and conditions (including payment of applicable fees and charges). Unauthorized access to the Service or any premium feature or option is a breach of this Agreement and a violation of law. The User is solely responsible for and must provide all telephone and other equipment and services (including Internet access provider fees) required for access to and use of the Service.
The User is responsible for, and assumes all liability associated with, any material, information and/or disclosures made by User via the Service under the User's Account, including liability for claims of infringement, libel and slander. The User shall not post, transmit through, or otherwise make available via the Service (i) any material which violates or infringes in any way upon the rights of others, which is unlawful, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, threatening, hateful or otherwise objectionable or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, (ii) without the express written consent of the owner thereof, any copyrighted material, or (iii) without the express prior written consent of the Company, any advertising or any solicitation with respect to products or services. Although Company does not and cannot review every message posted by Users on the Service, Company shall be under no obligation to permit any material posted or transmitted by the User to remain on the Service, and may refuse to display or remove from the Service any material or information from Users which Company, in the exercise of its sole discretion, believes violates this Agreement or any Rules. Material (defined as messages, stories, articles, or website addresses) authored by User or authorized by User ("User Material") that is posted, transmitted through or otherwise made available on the Service by the User in public posting areas (such as feedback, chat rooms or forums) shall be considered to be in the public domain and may be copied, published, distributed or otherwise used by Company (or another User) for any purpose without the permission of the User. User acknowledges that any User Material posted, transmitted through or otherwise made available on the Service may be edited, removed, modified, published, transmitted and displayed by Company, and User waives all moral rights in such User Material.
Service Content; Software:
The Service (specifically, www.winningstreak9.com) and all of the Company's websites and apps contain copyrighted material. Except as expressly permitted by this Agreement or applicable Rules, the User may not copy, reproduce, publish, retransmit or redistribute copyrighted materials, in whole or in part, in any manner, without the express written permission of the copyright owner. The User may download or make a single copy of copyrighted materials solely for the User's own personal use as reasonably necessary for the operation of User's Account, provided the User preserves any copyright or other notices contained in or associated with them. Company shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service) by any person or entity other than an authorized Company employee or spokesperson. Service advertisers, Content Providers, Users, Merchants, guests, independent writers and experts are not authorized Company spokespersons. Users should not rely on the opinions, views, advice or statements provided by Service advertisers, Content Providers, Users, Merchants, guests, independent writers or experts for important personal decisions. Any use of Company software by Users must be with Company's express written permission pursuant to this Agreement and any applicable Rules. Any right to use Company software is granted only as a personal, revocable, nonexclusive and nontransferable license. Users shall not modify or copy any Company software.
You do hereby acknowledge and agree that Winning Streak 9 Consulting, LLC's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Winning Streak 9 Consulting, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Winning Streak 9 Consulting, LLC Services (e.g. Content or Software), in whole or part. Winning Streak 9 Consulting, LLC herein has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Winning Streak 9 Consulting, LLC for use in accessing our Services.
You herein acknowledge, understand and agree that all of the Winning Streak 9 Consulting, LLC trademarks, copyright, trade name, service marks, and other Winning Streak 9 Consulting, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Winning Streak 9 Consulting, LLC. You herein agree not to display and/or use in any manner the Winning Streak 9 Consulting, LLC logo or marks without obtaining Winning Streak 9 Consulting, LLC's prior written consent.
Disclaimers And Limitation Of Liability:
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT: a) THE USE OF WINNING STREAK 9 CONSULTING, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. WINNING STREAK 9 CONSULTING, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b) WINNING STREAK 9 CONSULTING, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) WINNING STREAK 9 CONSULTING, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) WINNING STREAK 9 CONSULTING, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE WINNING STREAK 9 CONSULTING, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED. c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF WINNING STREAK 9 CONSULTING, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL. d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM WINNING STREAK 9 CONSULTING, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS. LIMITATION OF LIABILITY YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT WINNING STREAK 9 CONSULTING, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM: a) THE USE OR INABILITY TO USE OUR SERVICE; b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES; c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA; d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE; e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
User agrees to defend, indemnify and hold harmless Company, its affiliates, Content Providers, and Merchants and their respective managers, directors, officers, employees and agents from and against all claims, causes of actions, damages, and related expenses, including reasonable attorneys' fees, arising out of the User's use of the Service or the User's Account.
Company may give notices to User, at Company's option, by posting a message on the Service, by electronic or conventional mail or by any other means by which User obtains actual knowledge thereof. Notices by Users to Company must be given via electronic or conventional mail. Notices to Company via electronic mail must be sent to email@example.com or mail to ATTN: Support, PO Box 891658 Temecula, CA 92589. Notices by a User to Company will not change the terms of this Agreement or any Rules.
Company may terminate this Agreement and the User's Account at any time, with or without cause. In the event that the User is dissatisfied with the Service for any reason whatsoever at any time, the only right available to the User is to terminate the User's Account and this Agreement and stop using the Service.. Company may suspend or terminate User's Account, without notice, in the event of any breach by the User of this Agreement or any Rules or for other conduct by the User which Company, in its sole discretion, considers to be unacceptable. Suspension or termination of a User's Account means that the Service will no longer be accessible to the User. Company shall not be responsible for any consequences to User resulting from lack of User access. Suspension or termination of a User's Account by Company also terminates the User's license to use any software and/or content provided by Company. All agreements made in this Agreement which by their terms are to be performed or observed after termination, including, without limitation, those agreements made under the section headings "User Account Responsibility And Fees", "User Conduct", "Disclaimers And Limitation Of Liability", "Indemnification", and "Use Of User Information" shall remain in full force and effect and shall survive the termination of the User's Account and this Agreement, whether by Company or the User.
Use Of User Information:
Miscellaneous; Governing Law:
This Agreement, together with all applicable Rules, constitute the entire and only agreements between the Company and the User with respect to the Service and products and services provided by Company, and supersede all other communications and agreements with respect to the subject matter thereof. The Company reserves the right to modify this Agreement and the Rules from time-to-time in its sole discretion. The provisions of this Agreement are for the benefit of Company, its affiliates, Content Providers, and Merchants and their respective managers, directors, officers, employees, agents and licensors and, as such, each shall have the right to assert and enforce such provisions directly on its own behalf. This Agreement shall be governed by and construed under the laws of the State of Califorinia without regard to its conflict of laws principles, and the exclusive forums for resolution of any disputes arising under this Agreement shall be the state and federal courts located in California. If any provision of this Agreement is determined to be invalid, all other provisions shall remain in full force and effect. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Winning streak 9 Consulting, LLC
IPhone application development