Last modified 18/07/2020
This application is powered by AREA (Augmented Reality Entertainment Applications)
AREA LLC Is a Cayman Island-based company / In this document AREA is for AREA CI and “or” AREA Jordan.
The App LLC (for electronic services)
This document of terms and conditions includes:
– Standard behavior
– Payment terms
– Liability disclaimers
– Many other useful clauses
WININ APP. An application powered by AREA, (a company that publishes real-world augmented reality mobile applications) APPs, platforms.
Please read these terms and conditions/terms of services and any applicable App guidelines collectively, it governs your use of the APP or Platform. The terms also govern your interaction with any APPS, PLATFORMS, or WEBSITES We “AREA and “or” The APP” own or operate. (“AREA” or “we,” “our” or “us”).
If you live in the United Kingdom; these terms and conditions are entered into between you and AREA LLC. If you live in any other country; these terms and conditions are entered between you and AREA LLC. Under British law.
By using the services, you are agreeing to these terms and conditions, if you don’t agree to these terms and conditions; you may not use these services. AREA and “or” WININ may modify these terms and conditions at any time and “we” will notify you by posting the modified terms on the site of AREA and, “or” WININ or inside the applications.
It is important that you read and review any modified terms before you continue to use our services.If you continue to use our services, you are bound by the modified terms. If you don’t agree to be bound by the modified terms; then you may not use our services.
If you breach these terms and conditions; we may take action against you, including “BUT” not limited to terminating your account. You acknowledge that AREA has no obligation to, and will not, reimburse or refund you for services lost due to involuntary suspension or termination of your account.
1.Terms of Service
1.1 Eligibility and Account Registration
If you want to use certain Services, you will have to create an account with us (an “Account”), and you will also need access to a supported mobile phone, active email, and an Internet connection.
You can create an account through filling the mandatory information, or through using (a) your pre-existing google account, (b) your pre-existing Facebook, and twitter account, (c) any other third-party accounts as we may choose to support in the future.
We will create your account by extracting from your Google, PTC, Facebook or other pre-existing third-party account certain personal information (such as your email address) that your privacy settings on the applicable account permit us to access. Or your phone number.
It is important that you provide us with accurate, complete, and up-to-date information for your account, and you agree to update such as needed, to keep it accurate, complete, and up-to-date. If you don’t; we might have to suspend or terminate your account. You agree that you won’t disclose your account password to anyone and you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you know about them.
All what you have to do is sign up and start hunting your gifts, if you are under 12, your parent or legal guardian has to do this for you. We might ban your account if your information is inaccurate.
We comply with the children’s Online Privacy Protection Act (COPPA) – Upon to our terms and conditions the consent process handled by AREA LLC. If you are over the age of 12 and register to create an account through WININ App will enable you to access and use the services. The parent of each child under the age of 12 must register with the AREA company.
Before a child may use the services. Our company requires the parent to verify that he or she is the parent of the child and to consent to the creation of an account with us for the child. Upon receipt of both parental verification and consent, our company will enable the Parent to create an account with us for the child.
If a parent does not consent to a child’s access to and use of the Services or does not verify the parent’s consent through the consent process. AREA will bar that child’s registration for an account, prevent the child’s access to and use of the Services, and ensure that such a child’s information is not accessible through the services. If a Parent has consented to a child’s access to and use the services but wishes to rescind such consent, the parent should contact us at Info@theareaapp.com to submit the request. We will discontinue that child’s access to and use of the services and ensure that such child’s information is no longer accessible through the services.
Don’t hurt yourself or hurt others, and if you do; it is not our fault
While playing; please be aware of your surroundings and play safely. You agree that your use of WININ application and play of the game is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Services.
You also agree not to use the App to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass) or the trainer guidelines, and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of the App you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter into private properties without permission, will not impersonate any other person or misrepresented your affiliation, title , or authority, and will not otherwise engage in any activity that may result in injury, death , property damage, and “or” liability of any kind.
To the extent permitted by applicable law, AREA (The official operator of WININ App), and any related parties disclaim all liability related to any property damage, personal injury, or death that may occur during your use of our services, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of the App, you release AREA /WININ App/ The App for electronic services and our officers, directors, agents, subsidiaries, joint ventures, and employees, and any other individuals or party related, from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Don’t copy, modify, resell, distribute or reverse engineer this App
Subject to your compliance with these Terms and Conditions, AREA grants you a limited nonexclusive, nontransferable, non-sublicensable license to download and install a copy of the App on a mobile or device and to run such copy of the App solely for your own personal, noncommercial purposes. Except as expressly permitted in these Terms and Conditions, you may not:
(a) Copy, modify, or create derivative works based on the App.
(b) Distribute, transfer, sublicense, lease, lend, or rent the App to any third party.
(c) Reverse engineer, decompile, or disassemble the App.
(d) Make the functionality of the App available to multiple users through any means. AREA reserves all rights in and to the App not expressly granted to you under these Terms.
If you accessed or downloaded the App from the Apple Store; then you agree to use the App only:
(a) On an Apple-branded product or device that runs IOS (Apple’s proprietary operating system software)
(b) As permitted by the “Usage Rules” set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from any App-store or distribution platform (like the Apple-store, Google-play, or Amazon-App store) “each App provider”, then you acknowledge and agree that:
(a) These Terms and Conditions are concluded between you and AREA, and not with App Provider, and that, as between us and the App Provider, AREA is solely responsible for the App; being the operator.
(b) App provider has no obligation to furnish any maintenance and support services with respect to the App.
(c) In the event of any failure of the App to conform to any applicable warranty, you may notify the App provider, and the App provider will refund the purchase price for the App to you “if applicable” and, to the maximum extent permitted by applicable law, App provider will have no other warranty obligation what so over with respect to the App. Any other claims, losses, liabilities, damages, costs, or expenses attribute to any failure of an App to confirm to any warranty will be the sole responsibility of AREA.
(d) App provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including but not limited to:
(i) Product liability claims.
(ii) Any claim that the App fails to conform to any applicable legal or regulatory requirement.
(iii) Claims arising under consumer protection or similar legislation.
(e) In the event of any third-party claim that the App or your possession and use of the App infringers that third-party’s intellectual property rights, AREA will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.
(f) App provider and its subsidiaries are third-party beneficiaries of these Terms and Conditions as related to your license of the App, and that, upon your acceptance of the Terms and Conditions of these Terms, App provider will have the right (and will be deemed to have accepted the right) to enforce these terms as related to your license of the App against you as a third-party beneficiary therefore.
(g) You must also comply with all applicable third-party terms of service when using the App.
You agree to comply with all the laws and regulations to ensure that neither the App nor any technical data related thereto nor any direct product; therefore, is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
We grant you full ownership of your user content. Just don’t hide our copyright/trademarks.
You are eligible and licensed to use the content inside the app only!
We grant you full access to our content, “content” means the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features, works od authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services.“User Content” means any content that Account holders (including you) provide to be made available through the Services. Content includes without limitation User Content. Subject to your compliance with these Terms. AREA grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable license to download, view, display, and use the content solely in connection with your permitted use of the Services.
AREA does not claim any ownership rights in any User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content, Subject to the foregoing, AREA and its licensors (including the IP owner), exclusively own all rights, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the British and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or content.
By making any User Content available through Services, you grant to AREA a non-exclusive, perpetual, irrevocable, transferable, sublicensable, worldwide, royalty-free, license to use, copy, modify, create derivative works based upon, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Services and content to you and to other Account holders.
You are solely responsible for all your User Content.
You represent and warrant that you own all your User Content, or you have all rights that are necessary to grant us the license rights in your User Content under these Terms.
You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by AREA on or through the services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. AREA may reject any submissions in which AREA believes, in its sole discretion, that the User Content is inappropriate or violates the Trainer Guidelines or these Terms, AREA further reserves the right to remove any User Content from the Services at any time and without notice and for any reason.
WININ App permits Account holders to capture and trade virtual items, including but not limited to Avatars “WININ Avatars”, Characters, smileys, coins, or virtual points or gifts “Trading items” during gameplay. Unlike virtual money “Virtual currency”, (see below).
Trading items are obtained at no additional charge during gameplay. Trading items are a category of content, and AREA grants you a limited, non-transferable, non-sublicensable, revocable license to use such Trading items in conjunction with your personal, non-commercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to Trading Items and that Trading Items do not have a monetary value. Trading Items may be traded with other Accounts holders for other Trading Items, but Trading Items can never be sold, transferred, or exchanged for Virtual Money, “real” money, or any other compensation or consideration from us or anyone else.
You also agree that you will only obtain Trading Items from other Account holders and through means provided by us, and not from or through any third-party platform, exchange, broker, or another mechanism, unless expressly authorized. We may cancel any Trading Items sold, transferred, or exchanged in violation of these Terms. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account. As set forth below, all Trading Items and other Content are provided “as-is”, without any warranty.
If you haven’t played for one month, then you mess up, or we mess up, we can delete all of your virtual goods. We don’t have to give them back. We might even discontinue some virtual goods entirely, but we’ll give you 15 days advance notice if that happens.
Effect of Termination on Trading Items, Virtual money
We may cancel, suspend, or terminate your Account and your access to your Trading Items, Virtual Money, Virtual Goods, the Content, or the Services, in our sole discretion and without prior notice, including if:
(a) Your account is inactive (i.e., not used or logged into) for one month
(b) You fail to comply with these Terms and conditions
(c) We suspect fraud or misuse by you of Trading Items, Virtual Money, Virtual Goods, or other Content.
(d) We suspect any other unlawful activity associated with your Account.
(e) We are acting to protect the Services, our systems, the App, any of our users, or the reputation of AREA, Owners and partners, or any related companies or Service provider related to the Application.
We have no obligation or responsibility to, and will not reimburse or refund, you for any Trading Items, Virtual Money, or Virtual Goods and gifts lost due to such cancellation, suspension, or termination.
You acknowledge that AREA is not required to provide a refund for any reason and that you will not receive money or other compensation for unused Virtual Money, Goods, Gifts, or Items, when your account is closed, whether such closure was voluntary and involuntary.
We have the right to offer, modify, eliminate, and/or terminate Trading Items, Virtual Money, Goods, Gifts or Items, the Content, and/or the Services, or any portion, therefore, at any time, without notice or liability to you. If we discontinue the use of Virtual Money/ Goods/Gifts/Items, we will provide at least 15 days in advance notice to you by posting a notification through the site, App, email, SMS, or through other communications.
You can spend money on coins and get free gifts. (In-App Purchase)
The App permits the purchase of Virtual currency (Virtual Money) and the use of that virtual money to purchase virtual items or services that we expressly make available for use in the App (Virtual Goods). The purchase of Virtual Money and Virtual Goods is limited to Account holders who are either:
(a) 13 Years of age or older
(b) Under the age of 13 and have the consent of a parent to make the purchase
Parents of children under the age of 12 can consult the IOS or Google Play settings for their App to restrict in-App purchases, but should also monitor their children’s Accounts for unexpected activity, including the purchase of Virtual Money and Goods.
Virtual Money is a category of Content, so the purchase of Virtual Money grants you only a limited, non-transferable, non-sublicensable, revocable license to use such Virtual Money to access and purchase Virtual Goods in conjunction with your personal, noncommercial use of the Services. You acknowledge that you do not acquire any ownership rights in or to the Virtual Money, Goods; or other content; any balance of Virtual Goods or Virtual Money does not reflect any stored value. You agree that Virtual Money and Virtual Goods have no monetary value and do not constitute actual currency or property of any type. Virtual Money may be redeemed only for Virtual Goods and can never be sold, transferred, or exchanged for “real” money, services from us or anyone else. You also agree that you will obtain Virtual Money and/or Virtual Goods from us and through means provided by us, and not from any third-party, platform, exchange, broker, or another mechanism, unless expressly authorized. Once you acquire a license to Virtual Money or Virtual Goods, you may not trade or transfer the Virtual Money or Virtual Goods to another individual or account, unless such functionality is provided to you by us by way of a feature or service, whether inside the App or through some other method (e.g. our website). We may cancel any Virtual Money or Virtual Goods, sold, transferred, or exchanged in violation of these Terms and Conditions. Any such sale, transfer, or exchange (or attempt to do so) is prohibited and may result in the termination of your Account.
During the term of your license to your Virtual Money, you have the right to redeem your Virtual Money for selected Virtual Goods. If you are the parent and you are accepting these Terms and Conditions on behalf of your child, you accept and acknowledge that your child has your consent to exercise this right independently. Pricing and availability of virtual Money and Goods are subject to change without notice. We reserve the right at any time to change and update our pricing and inventory of Virtual Money and Virtual Goods, as set below; all Virtual Items inside this App are provided “as-is” without any warranty.
Do not hack or Cheat!
You agree that you are responsible for your own conduct and User Content while using the services, and for any consequences therefore
YOU WILL NOT:
(a) Defame, abuse, harass, harm, stalk, threaten, or otherwise violate the legal rights (including the rights of privacy and publicity) of others.
(b) Upload, post, email, transmit, or otherwise make available any unlawful, inappropriate, defamatory, absence, pornographic, vulgar, offensive, fraudulent, false, misleading, or deceptive content or message.
(c) Promote or engage in discrimination, bigotry, racism, hatred, or harassment, against any individual or group.
(d) Trespass, or in any manner attempt to gain access to any property or location where you do not have a right or permission to be.
(e) Upload, post, or otherwise make available commercial messages or advertisements, pyramids schemes, or other disruptive notices.
(f) Impersonate or misrepresent your affiliation with another person or entity.
(g) Promote or provide instructional information about illegal or harmful activities or substances.
(h) Promote or engage in physical harm, violence, or injury against any group or individual.
(i) Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature.
(j) Submit fake, falsified, misleading, or inappropriate data submissions, edits, or removals.
(k) Post, upload, publish, submit, or transmit any content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy.
(l) Use, display, mirror, or frame the Services or any individual element within the Services, AREA’s name, any AREA trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without AREA’s written consent.
(m) Access, tamper with or use non-public areas of the Services, AREA’s computer systems, or the technical delivery systems of AREA’s providers.
(n) Attempt to probe, scan, or test the vulnerability of any AREA system or network or breach any security or authentication measures.
(o) Avoid bypass, remove, deactivate, impair, descramble, or otherwise, circumvent any technological measure implemented by AREA or any of AREA’s providers or any other third party (including another user) to protect the Services or content.
(p) Avoid bypass, remove, deactivate, impair, descramble, or otherwise, circumvent any technological measure implemented by AREA or any of AREA’s providers or any other third party (including another user) to protect the Services or content.
(q) Attempt to access or search the services or content, or download Content from the Services through the use of any technology or means other than those provided by AREA or other generally available third-party web browsers; ( including without limitation, automation software, bots, spiders, crawlers, data-mining tools, or hacks, tools, agents, engines, or devices of any kind).
(r) Extract, scrape, index, copy, or mirror the Services or content or portions thereof (including but not limited to the WININ App database information and other information about users or gameplay).
(s) Use any meta tags or other hidden text or metadata utilizing AREA or WININ trademark, logo, URL, or product name without AREA’s express written consent.
(t) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information.
(u) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or content.
(v) Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
(w) Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the services or AREA’s infrastructure.
(x) Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the content.
(y) Use the Services or Content, or any portion thereof, for any commercial purpose, or for the benefit of any third party or in a manner not permitted by these Terms and Conditions, including but not limited to:
1. Gathering in the App items or resources for sale outside the App.
2. Performing services in the App in exchange for payment outside the App,
3. Sell, resell, rent, or lease the App or your Account.
(aa)Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
(bb)Violate any applicable laws or regulations
(cc) Encourage or enable any other individual to do any of the foregoing
(dd)Forget any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive, or false source-identifying information.
(ee) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services or Content.
(ff) Interfere with, or attempt to interfere with, the access of any user, host, or network, including – without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
(gg)Take any action that imposes, or may impose, an unreasonable or, disproportionately large load on the Services or AREA’s infrastructure;
(hh) Delete, obscure, or in any manner alter any attribution, warning, or link that appears in the Services or the content.
(ii) Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in a manner not permitted by these Terms and Conditions.
Including but not limited to:
1. Gathering in App items or resources for sale outside the App.
2. Performing Services in the App in exchange for payment outside the App, or
3. Sell, resell, rent, or lease the App or your Account
(jj) Collect or store any personally identifiable information from the Services from other users of the Services without their express permission.
(kk) Violate any applicable law or regulation
(ll) Encourage or enable any other individual to do any of the foregoing.
Although we are not obligated to monitor access to “or” use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and Conditions, to comply with applicable laws or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, at any time and without notice, including but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these terms; We have the right to investigate violations of these Terms and Conditions or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We welcome feedback, comments, and suggestions for improvements to the services. You can submit feedback by reaching out to us through the website, or, on Facebook, Twitter, Instagram, TikTok, Snapchat, or Google. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control, to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.
We might link to other people’s websites, but we are not responsible for what they do.
The Services and App may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products, or services on or available from those websites, or resources or links displayed on such websites. You acknowledge sole responsibilities for and assume all risk arising from your use of any third-party websites or resources.
Both; you and us, can terminate your account and access to services at any time, for any reason.
We may terminate your access to and use of the Services, at our sole discretion, at any anytime and without any notice to you. You may cancel your account at any time. Upon any termination, discontinuation or cancellation of Services on your account; the following Terms and conditions will survive:
• Arbitration notice
• Content ownership
• Rights granted by you
• Effect of termination on all Items including Virtual items, money, gifts, goods, points, smileys and coins
• Disclaimer of warranties
• Limitation of liability
• Dispute resolution
Your use of the App WININ and Services is at your own risk. To the extent permitted by applicable laws. The services and content are provided “as-is” without warranty of any kind. Without limiting the foregoing, AREA LLC. Explicitly disclaim any warranties of merchantability for a particular purpose. Quite an enjoyment, or non-infringement, and any warranties arising out; of course, of dealing or usage of trade.
AREA LLC. Makes no warranty that the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, and we make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any content.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT AREA LLC. DO NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. AREA LLC. MAKE NO PRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.