Welcome to Waysun Games Inc.,
We may amend these Terms at any time in our sole discretion, effective upon posting the amended Terms at this URL where the prior version of these Terms was posted or by communicating these changes through any written contact method we have established with you. Your use of the Sites or Services following the date on which such amended Terms are published will constitute consent to such amendments. However, if you cease using the Sites or Services upon such publication, your relationship with us will continue to be controlled by the previous version of these Terms. You agree that you will periodically check this page for updates to these Terms and read the messages we send you to inform you of any changes.
“Company” or “Waysun Games” or “We” shall mean Waysun Games Media, Inc. and/or any of its affiliates, individually and collectively, doing business as Waysun Games or otherwise.
“Company Parties” shall mean the Company, its affiliates and subsidiaries, and any of their directors, employees, agents, attorneys, third-party content providers, distributors, licensees or licensors.
“Service” or “Services” shall mean any of the internet based or other services offered by the Company, including, but not limited to, those described in this Agreement, whether through a website owned or controlled by the Company, through a social networking system, a mobile application, on your cellphone or otherwise.
“Content” shall mean each and every item of content or other material (whether comments, ideas, images, links, documents, text, writings, photographs, graphics, videos, or files) uploaded by a user to the Sites or otherwise integrated into the Sites by a user.
1. Using Our Sites, User Conduct, and Your Content
Eligibility: You may use our Sites only if you can form a binding contract with Waysun Games in compliance with the Agreement. In order to become a “Registered User” (by creating an account), Waysun Games requires an individual to be at least eighteen (18) years old and not have a previous account terminated by Waysun Games or otherwise have had his or her access to the Sites terminated by Waysun Games. It is a violation of the Agreement to provide false or misleading information to Waysun Games in connection with the creation of an account. If you would like to report an account registered for a minor, please email .
User Responsibilities: You are solely responsible for your use of our Sites, for any Content you submit to us, any interactions with other users, and for any consequences thereof. Content you submit will be viewable by other users of the Sites and through third party services and websites.
You should only provide Content that you are comfortable sharing with others under these Terms, and that does not violate any third-party’s rights of any kind, including without limitation, any intellectual property rights, rights of privacy, or publicity rights.
Waysun Games reserves the right, but is not obligated, to reject and/or remove any Content in its sole discretion, including, but not limited to, violations of these Terms. Waysun Games reserves the right, but has no obligation, to monitor disputes between you and other users. Waysun Games shall have no liability for your interactions with other users, or for any user’s action or inaction.
User Conduct: In exchange for your being able to use the Sites, you agree to be bound by the following obligations:
2. No Changes to the Software/Prohibited Uses.
You may not and may not allow any third party to:
3. Usage Rules.
You agree that your use of and conduct on the Sites (including any commenting feature), and your Content shall be lawful and will not:
4. You agree that you shall be responsible for any consequences (including a responsibility to indemnify the Company for damages it may suffer) arising in the event that any use of and conduct on the Service (including any commenting feature), and your Content:
5. The Company does not control or endorse the content, messages or information found in Content or external sites that may be linked to from such Content and, therefore, the Company specifically disclaims any responsibility with regard thereto.
6. The Sites may contain or deliver advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.
2. Licensing Agreements
User License: You retain your rights to any Content you submit to or through the Sites. By posting any Content on the Sites, however, you expressly grant, and you represent and warrant that you have all rights necessary to and do grant, to Waysun Games a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Sites and Waysun Games’s (and its successors, assignees, or affiliates) business, including without limitation for promoting and redistributing part or all of the Sites (and derivative works thereof) in any media formats, whether now known or hereafter developed, and through any media channels or search engines for commercial and noncommercial purposes alike. You also hereby grant each user of the Sites a non-exclusive license to access your Content through the Sites, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Sites and under these Terms. Any material you transmit to the Company or otherwise through the Sites will be treated as non-confidential and non-proprietary.
Such additional uses by Waysun Games, or other companies, organizations or individuals who partner with or use Waysun Games, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Sites. We may add or insert affiliate and partner code into Content that you submit. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies.
Site License: All right, title, and interest in and to the Sites (excluding Content provided by users) shall remain the exclusive property of Waysun Games and its licensors. The Sites are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Waysun Games name or any of the Waysun Games website names, trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, ideas or suggestions you may provide regarding the Sites, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Subject to your acceptance of these Terms, Waysun Games grants you a non-exclusive, limited, non-transferable, freely revocable license to use the Sites for your personal, noncommercial (i.e. you may not use the Sites to provide or serve or permit others to provide or serve ads or contests or sweepstakes) use only and as permitted by the features of the Sites. Waysun Games reserves all rights not expressly granted herein in the Sites and the Waysun Games Content. Waysun Games reserves the right to terminate your license to use the Sites at any time and for any reason or in the future to charge for commercial usage.
We care about the privacy of our users. You understand that by using the Sites you consent to the collection, use, and disclosure of your personally identifiable information (see “Information Sharing” below) and aggregate data as set forth in our, and to have your personally identifiable information collected, used, transferred to and processed in the United States.
4. Information Sharing
Waysun Games has technical, administrative and physical safeguards in place to help protect against unauthorized access to, use or disclosure of user information we maintain. Under our security practices and policies, access to personally identifiable information is authorized only for those who have a business need for such access, and sensitive records are to be retained only as long as necessary for business or legal needs and destroyed before disposal.
Although we work hard to protect personal information that we collect and store, no program is one hundred percent secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use or disclose personal information. If you become aware of a security issue, please email us.
The Company reserves the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any comment or other content posted by you or where such information is otherwise relevant.
As part of the Service, we may include advertisements and/or content provided by Waysun Games and/or a third party, which may be targeted to the Content or information on the Sites, queries made through the Sites, or other information. The types and extent of advertising by Waysun Games on the Sites are subject to change. In consideration for Waysun Games granting you access to and use of the Sites, you agree that Waysun Games and its third party providers and partners may place such advertising on the Sites or in connection with the display of Content or information from the Sites whether submitted by you or others.
6. Third-Party Links Disclaimer
7. Copyright Policy
If Waysun Games receives notice that Content posted is unlawful or not in keeping with the Terms or the intended use of the Sites, we reserve the right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). The text of the Act can be found at the U.S. Copyright Office Web Site.
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by U.S. mail) that sets forth the items specified below.
In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at (646) 747-2265 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers! To enable us to address your concerns, please provide the following information:
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the Waysun Games site(s).
8. Termination of Agreement
Waysun Games may, without prior notice, change the Sites, stop providing access to the Sites or features of the Sites to you or to users generally, or create usage limits for the Sites. We may permanently or temporarily terminate or suspend your access to the Sites without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms. In particular, Waysun Games may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement, in accordance with the DMCA and other applicable laws.
Upon termination of your access to or ability to use the Sites, including but not limited to suspension of your account, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Sites shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Waysun Games or any third party.
On termination of your Account or upon your deletion of particular pieces of your Content from the Sites, you acknowledge and agree that: (a) caching of, copies of, or references to the Content may not be immediately removed; (b) such removed Content may persist in backups (not available to others) for a reasonable period of time; and (c) such removed Content may be available (and stored on our servers) through the accounts of other users, because of liking. You agree to release and indemnify Waysun Games from all claims related to the retention of deleted content.
You agree to defend, indemnify and hold harmless Waysun Games and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Sites, including any data or Content transmitted, submitted, viewed, or received by you; (ii) your violation of any provision of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your Content or any that is submitted via your account; or (vi) any other party’s access and use of the Sites with your unique username, password or other appropriate security code.
10. Warranty, Disclaimer, and Limitations of Liability
Your access to and use of the Sites or any Content is at your own risk.
THE SITES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Waysun Games DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
Waysun Games makes no representations or warranties of any kind with respect to the Sites, including any representation or warranty that the use of the Sites will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Waysun Games also makes no representations or warranties of any kind with respect to Content; user Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from Waysun Games or through the Sites, will create any warranty not expressly made herein.
Release From Liability: You release, to the fullest extent permitted by law, Waysun Games, its affiliated entities, parent companies, subsidiaries, directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following: (i) Disputes between users, including those between you and other users; (ii) Third party sites and services, including Content found on such sites and services; (iii) Disputes concerning any use of or action taken using your account by you or a third party; (iv) Claims relating to the unauthorized access to any data communications or Content stored under or relating to your account, including unauthorized use or alteration of such communications or your Content.
Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Waysun Games, ITS AFFILIATED ENTITIES, PARENT COMPANIES, SUBSIDIARIES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SITES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SITES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT Waysun Games HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF Waysun Games AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF FIFTY DOLLARS (USD$50) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SITE(S).
11. Waiver, Severability & Entire Agreement
Waiver: The failure of Waysun Games to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
Severability: In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Entire Agreement: These Terms and our are the entire and exclusive agreement between Waysun Games and you regarding use of the Sites (excluding any services for which you have a separate written agreement with Waysun Games that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Waysun Games and you regarding use of the Sites.
12. Legal Disputes
Applicable Law. You agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms and any claim or dispute that has arisen or may arise between you and Waysun Games, except as otherwise stated in these Terms.
Binding Arbitration. If you and the Company are unable to resolve a Dispute through informal negotiations, either you or the Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, the Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
Judicial Forum for Legal Disputes. Unless you and we agree otherwise, in the event that the Binding Arbitration provision above is found not to apply to you or to a particular claim or dispute, either as a result of your decision to opt-out of the Terms or a court order, you agree that any claim or dispute that has arisen or may arise between you and Waysun Games must be resolved exclusively by a state or federal court located in New York City, New York. You and Waysun Games agree to submit to the personal jurisdiction of the courts located within New York City, New York for the purpose of litigating all such claims or disputes.
13. Statute of Limitations.
14. Notification of Changes to Terms of Service.
Whenever we change our Terms, we will post those changes to this Terms of Service page, and other places we deem appropriate so that our users are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. By continuing to use the Sites, you agree and accept the changes and agree to the Terms.
15. International Users.
The Sites and Services are based in the United States. Waysun Games makes no representations that they are appropriate or available for use in other locations. Those who access or use the Sites and Services from other countries do so at their own volition and are responsible for compliance with local law.
16. Effective Date.
These Terms of Service are effective November 9, 2020 and shall be updated from time to time.