Terms and Conditions
This Agreement sets forth the general terms and conditions of your use of the “Wooo” mobile application (“Mobile Application” or “Service”) and any of its related products and services (collectively, “Services”). It is legally binding between you (“User”, “you” or “your”) and Wooo Social Games Inc (“Wooo Social Games Inc”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Mobile Application and Services. By accessing and using the Mobile Application and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and Wooo Social Games Inc, even though it is electronic and is not physically signed by you, and it governs your use of the Mobile Application and Services.
Accounts and Membership
You must be at least 18 years of age to use the Mobile Application and Services. By using the Mobile Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration. If you no longer want to use our Services again, and would like your account deleted, contact us at: support@wooo.games . We will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
User Content
We do not own any data, information or material (collectively, “Content”) that you submit in the Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may monitor and review the Content in the Mobile Application submitted or created using our Services by you. You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. Unless specifically permitted by you, your use of the Mobile Application and Services does not grant us the license to use, reproduce, adapt, modify, publish, or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Issuance and Use of Wooo Coins
Users are required to purchase Wooo coins in order to participate in any skills-based competitions. Purchases of Wooo coins can be made via In-App purchases through the Google or Apple app stores. Coins are used within the platform to participate in competitions and live streams. For their part in these competitions, Creators and competition winners will receive revenue share from Wooo, tracked by the number of Wooo coins used in the competitions. Distributions of these earnings are administered by Tilia, our third-party supplier.
Tilia, or another third-party supplier, will process the payments between Wooo as issuer and User as purchaser.
Wooo coins made via In-App purchases are subject to the fees charged by the Google and Apple app stores. Wooo coins cannot be used outside of the application. As new in-app uses for coins become available, Users will be duly informed.
Contests and Games
Creators are responsible for producing the various contests within the application. Creators choose the talent associated with their event, create an introductory event video, choose the duration of the event and the number of Wooo coins required for Users to participate. Users participating in the contest are required to post a video showcasing their talent which adheres to the requirements set by the Creator, and then must reach out to their personal fanbase within the application to accumulate the most “likes” possible within the time limit of the event. The ability for Creators to persuade their fanbase to participate in their event is an important skill. Users who are able to rally their personal fanbases to provide them with “likes” for their submissions is also an important skill. Both are at the heart of the Wooo and its design. At the conclusion of the event, the accumulated Wooo coins collected by Wooo are attributed to and split between the Creator of the event, and the User with the most likes within that event. Of those Wooo coins collected by Wooo for the event, Wooo will award 45% of earnings (as tracked by the coins collected) to the Creator, 45% are awarded to the winning User, and 10% are fees intended for Wooo and its third-party service supplier to cover the costs of administering the event.
Creators are responsible for producing Live Streams on the application. Creators can choose when the live stream will take place, the duration of the live stream, and the number of Wooo coins required for Users to participate. At the conclusion of the live stream, the Creator will receive 90% of the earnings (tracked by the number of Wooo coins redeemed in the event), and 10% are fees intended for Wooo and its third-party service supplier to cover the costs of administering the live stream.
Disbursement of these revenue share payments earned in the contests will be effected by Tilia, our third-party supplier, as set forth in the Billing and Payments section below.
Billing and Payments
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. We reserve the right to change product pricing at any time.
Users within the application, which includes Creators and other Users, have to ability to request a payout of their accumulated earnings into USD. A minimum of $50USD earned in competitions or received via live stream is required to be able to request a disbursement. Disbursements are handled by our third-party supplier, Tilia. All fees associated with payouts will be made available upon any payout request when the request is initiated and will be discharged only after acceptance of those fees by the person making the payout request. Wooo does not participate in any of the fees associated with any payout requests. Payout requests will be fulfilled through our third-party supplier 30-45 days after the end of the month in which the request is made. For example, if a request for disbursement of earnings is made during the month of January, the payouts will be made anywhere from March 1st to March 15th. These payouts are subject to Users meeting any applicable AML and KYC verification requirements. The timing of payouts is subject to change and will be updated in these terms & conditions as soon as any updates are made.
Tilia LLC, our third-party payment supplier, will facilitate the disbursements of revenue shares/earnings. Initially, all Users must have a PayPal account to receive disbursements from Wooo. Once instructed by Wooo, Tilia will facilitate these disbursements to the account details that each User provides. Tilia’s terms of service are located at https://www.tilia.io/legal/terms-of-service. No customer relationship is created between the Users and Tilia by virtue of our payments of revenue share to Users through Tilia. The revenue share is solely between Wooo and our users.
Accuracy of Information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Mobile Application or Services is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
Backups
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
Links to Other Resources
Although the Mobile Application and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Mobile Application. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world. This Agreement does not transfer to you any intellectual property owned by Wooo Social Games Inc or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Wooo Social Games Inc. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Wooo Social Games Inc or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Wooo Social Games Inc or third-party trademarks.
Changes and Amendments
We reserve the right to modify this Agreement, or its terms related to the Mobile Application and Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided. An updated version of this Agreement will be effective immediately upon the posting of the revised Agreement unless otherwise specified. Your continued use of the Mobile Application and Services after the effective date of the revised Agreement (or such other act specified at that time) will constitute your consent to those changes.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
Indemnity
You agree to defend, indemnify, and hold harmless Wooo Social Games, Inc., its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple – End-User License Agreement
- These Terms are between Wooo Social Games, Inc. and you; Apple is not a party to these Terms.
- The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorized by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services.
- Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform.
- In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform.
- Apple is not responsible for addressing any claims by you or a third-party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
- In the event of any third-party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defense, settlement, or discharge of such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
- Wooo Social Games, Inc. expressly authorizes use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Google Play
By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and
- you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Wooo Social Games, Inc. or you (or any other user) under these Terms or the Google Play Terms.
Supplemental Terms – Jurisdiction-Specific
Brazil. If you are using our Services in Brazil, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
- Applicable Law and Jurisdiction. These Terms, their subject matter and their formation, are governed by Brazilian law. You and we both agree that the courts of Brazil will have exclusive jurisdiction.
India. If you are using our Services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
- Accepting the Terms. By agreeing to these Terms and by accessing or using our Services, you acknowledge that you have read and understood these Terms and provide your consent to be bound by these Terms and our Privacy Policy.
- Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store, or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:
- is obscene, pornographic, pedophilic;
- is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
- harms minors in any way;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- User–Generated Content. You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favor of Wooo Social Games, Inc. and all of its group companies, affiliates and successors in title and interest, whether existing or in future.
- Indemnity. In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.
Indonesia. If you are using our Services in Indonesia, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
- Accepting the Terms. By participating in the Services, you represent that you are at least 21 years of age or married or not under guardianship. If you are below 21 years old and you are not married, your account must be opened under the name of your parent(s) or guardian(s). Further, you represent and warrant that you have obtained consent from your parent(s) or legal guardian(s) unless you indicate otherwise. By consenting, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) all your actions in connection with your access to the Services; (ii) any fees or charges associated with your use of any of the Services (as applicable); (iii) your compliance with this Terms; and (iv) ensuring that any of your participation in Services will not, in any event, result in any violation of applicable laws and regulations relating to child protections. If you do not have consent from your parent(s) or legal guardian(s) and your parent(s) or guardian(s) is not willing to open the account under their name, you must cease accessing the Services.”
- Limitation of Liabilities. No limitation of liabilities shall not be applicable to the extent any loss or damage is incurred by you as a result of our willful misconduct or negligence.
- Age Limit. The Services are only for people 18 years old and over in Indonesia.
- Language. These Terms has been prepared in the English language. In the event of any inconsistency or different interpretation between English text and Indonesian text, the English text shall prevail and the relevant Indonesian text shall be deemed to be automatically amended to conform with and to make the relevant Indonesian text consistent with the relevant English text. Each party acknowledges that it has read these Terms and understands its content and that these Terms have been entered into freely and without duress. You acknowledge that you fully understand the language and the content of these Terms, and you agree that you will not use the provisions under Law of the Republic of Indonesia No. 24 of 2009 on Flag, Language, State Emblem and National Anthem or any of its implementing regulations to invalidate these Terms.