July 20, 2015 Developer Terms of Service
These Terms of Service (ToS) define the relationship between Herp Derp OU trading as PlayWin ("PlayWin") and you, the company or individual registering for our services ("developer"). By downloading, agreeing, or using our services you agree to be bound and abide by our ToS, if you do not agree to the ToS you much not download or use any of our services. PlayWin retains the right to modify this agreement at any time and changes become effective upon such change. PlayWin grants the exclusive license to the developer. This license is not transferrable to a third party. PlayWin reserves the right to promote the relationship between the developer and PlayWin. Developers agree to the exclusive use of Playwin as its sole real money cash tournament platform.
PlayWin provides a real money cash tournament platform ("platform") for developers. We will provide documentation, software and support to integrate our platform. We will provide your users support for our platform and store all data necessary to comply with legal regulation pertinent to real money gaming. We have the right to market to users of our platform to encourage further engagement on the platform. Payment to each developer will be through the payment gateway of their selection. Payment is completed monthly and only when the developer balance has reached a sufficient threshold. ($500) The developer agrees to comply with the PlayWin Risk Management Officer who is responsible for ensuring that all payments to developers comply with local regulatory and legal requirements. PlayWin pays 50% of net revenue to each developer. You are required to register before downloading and utilizing our services. We will review your game once it has been tested and submitted via the PlayWin website. We will endeavor to contact the developer regarding acceptance of the game within (5) business days. PlayWin reserves the right to suspend developers from the platform without notice. Developers must not append ads to real money tournaments. Developers are responsible to work with PlayWin Fraud Prevention Team to ensure the security of their games. Developers agree to provide both a phone and e-mail contact in order for the PlayWin Support Team to contact them regarding potential bugs or escalated customer support issues. Developers agree that no meaningful upgrade (any upgrade which affects the outcome of the game) can be purchased or used to complete a challenge while operating on the PlayWin Platform to prevent players from garnering an unfair advantage. Cosmetic upgrades are allowed and can be carried into the PlayWin Platform challenges. Developers agree that ads are not permitted in any part of the real money flow on the PlayWin Platform, both before the initiation of a real money challenge nor after the conclusion before the results are presented to the end user. Developers agree that no meaningful randomness will occur between end users on the PlayWin Platform. Developers agree that game play must be continuous.
Limitations of Liability
We accept no liability for damages, liabilities and/or losses arising from use of our platform. We are not liable for any loss. Nothing in these ToS shall exclude or limit our liability for fraud and/or fraudulent misrepresentation. You acknowledge that we aren’t responsible for any third-party provider and that any agreement between you and a third-party provider is not part of these ToS, nor are we party to any such agreement should they arise.
You agree to fully indemnify, defend and hold us harmless from all claims, liabilities, damages, losses, costs and/or expenses arising out of any breach of these ToS, including another person using your account. You agree to fully indemnify, defend and hold us harmless from all claims, liabilities, damages, losses, costs and/or expenses arising from your false warranties and/or representations. You agree to fully indemnify, defend and hold us harmless from all claims, liabilities, damages, losses, costs and/or expenses arising from any claim brought against us by an intermediary as a result of your breach of these ToS.
Term and Termination
Playwin should be contacted of any dispute within five (5) business days of the occurrence. If an agreement cannot be reached by both parties within sixty (60) days, then the dispute will move to arbitration under specifics solely subject to the discretion of PlayWin. Withdrawal from the agreement by either PlayWin, in the absence of wrongdoing on the part of the developer, or the developer, should be by written notice (e-mail) and atleast seven (7) days before withdrawal.
If one or more provisions in this Agreement are ruled entirely or partly invalid or unenforceable by any court or governmental authority of competent jurisdiction, then the validity and enforceability of all provisions not ruled to be invalid or unenforceable shall remain unaffected. Every provision in the agreement which provides limitations of liability is a fundamental part of the agreement.