Terms of Use
Last Updated: 05/17/2020
PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION WHICH REQUIRES THAT DISPUTES ARE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL AND NOT A CLASS-WIDE OR CONSOLIDATED BASIS.
YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE, BY ACCESSING OR USING ARMSWAVE’S SERVICES. DO NOT USE OUR SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
These Terms apply to your access to mobile applications, web applications and any other products and services (collectively, the “Services ”) of Armwave Technology Group LLC (“Armswave,”, “Company ” “we” or “us ”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with Armswave for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to be responsible to us if you violate these Terms.
Armswave reserves the right to change or modify these Terms at any time and in our sole discretion. We will provide notice of such changes, such as by sending you a notification, by providing notice through the Services, and/or by updating the “Last Updated” date at the top of the Terms, if Armswave makes changes to these Terms,. Your continued use of the Services will confirm your acceptance of the revised Terms automatically. It is highly recommended to review the Terms frequently to ensure the you understand the terms and conditions that apply to your use of the Services. Please stop using the Services if you do not agree to any amended Terms.
1. Privacy Policy
Your privacy is important to us, and we are committed to protecting your personal information. By using the Services, you indicate that you understand the information collection, use, and disclosure practices described in the Privacy Policy.
2. Eligibility
The Services are not targeted towards, not intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
3. Service Offered
The Application provides real-time services, which include the controls and operations through mobile interfaces being against actual skill-based game machines. The machines are located remotely, and the location will be decided by the Company as its sole discretion. Prizes will be given if users successfully catch the prize and drop it in the prize drop chute by controlling the claw/crane of the machine (the “Services” ).
We reserve the right to change, amend or modify the Application and any Service offered, including the feature or design of the games or machines and/or the prizes offered at any time, without notice or liability to you.
4. Payment for Services
Though the Application is free for download, charges will apply when the User decide to play the games offered through the application. Shipping of prizes in the event of winnings may also involve charges. The User acknowledges that while the Application and/or the Services or any part thereof may be free of charge, there might be a charge applicable for certain content or services. The User consents to pay such charges as applicable.
To play the game, the User will need to purchase virtual gems (sometime referred to as “play credits”, “coin”, or “gem”) with real money, which will be used to control the crane machine (“Gems ”). Once used or redeemed, the Gems are non-refundable, and the User will not have any complaints or claims after then. The Company reserves the right to manage, control, change and/or cancel Gems or the way any of them work at its sole discretion, which is without prior notice, including the prices and availability of Gems. The services and prizes offered by the Company in exchange for Gems may be modified at any time in our sole discretion.
Once purchased, the Gems are non-refundable. Purchases made by accident and/or unauthorized purchases are handled by the app store provider (e.g. Apple, Google, etc.). Requests for refunds or cancellations on such basis must go through the resolution center of the applicable third-party platform, which is subject to their terms and conditions.
5. '70 diamonds per month' Statement of Auto-renewable Subscriptions
(1). Service name: '70 diamonds per month'
(2). Fee: $2.99 for 70 coins per month
(3). Unless you cancel the subscription, fee will be deducted from your iTunes account 24 hours before the current subscription expires.
(4). To cancel the subscription:
- Open the Settings app.
- Tap your name.
- Tap Subscriptions (If you don't see "Subscriptions," tap "iTunes & App Store" instead. Then tap your Apple ID, tap View Apple ID, sign in, scroll down to Subscriptions, and tap Subscriptions.)
- Open the Settings app.
- Tap the subscription that you want to manage.
- Tap Cancel Subscription. If you don't see Cancel Subscription, the subscription is already canceled and won't renew.
(5). If you don't cancel the subscription at least 24 hours before the end of the current subscription period, the subscription will be automatically renewed.
6. Copyright and Limited License
The Services and all content and other materials on the Services, including, without limitation, the Armswave logo, designs, text, graphics, pictures, information, data, other files, and the selection and arrangement thereof, (collectively, “Armswave Materials ”) are the proprietary property of Armswave.
We grant you a limited, nonexclusive, non-sublicensable, nontransferable license to access and use the Services for personal use. Such license is subject to these Terms and does not include: (a) the distribution, public performance or public display of any Armswave Materials; (b) modifying or otherwise making any derivative uses of the Services and Armswave Materials, or any portion thereof; (c) any resale or commercial use of the Services or Armswave Materials therein; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, Armswave Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or Armswave Materials other than for their intended purposes.
Any use of the Services or Armswave Materials other than as specifically authorized herein, without the prior written permission of Armswave, is strictly prohibited and will automatically terminate the license granted in these Terms without notice or other action by either party. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. Armswave may revoke this license at any time.
7. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Armswave or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use an Armswave logo or other proprietary graphic of Armswave to link to the Services without the express written permission of Armswave. Further, you may not use, frame or utilize framing techniques to enclose any Armswave trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without Armswave’ express written consent.
Armswave makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of Armswave and Armswave is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Armswave provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Armswave of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
8. Prizes and Delivery
The games offered on the Application allow the User to win a prize, which typically means catching the prize clawed by the machine through the game and dropping it in the prize drop chute. However, the Company makes no guarantees that you will win any prize by using the Application. All determinations with respect to prizes and winnings will be made in Company’s sole and absolute discretion and will be final and binding on you in all respects.
Since the prizes offered by the game are products from third-party suppliers, the Company will have no liability to the prizes, including the quality, size, color, variations from the picture, defects, and so on. As such, the User acknowledges that the Company’s sole responsibility is to arrange the delivery of the prize to the winning User to the address provided by the User to the Company. We try our best to deliver the winning prizes to the User within up-to five (5) weeks, however, the exact shipping time cannot be guaranteed as shipping is handled by third-party service provides. Please be advised that your shipment might be delayed if there are high or unusual number of shipments.
The User may need to pay the delivery and shipping expenses and charges (including, for the sake of clarity, charges for releasing the package from the local post office or carrier) for having the prize delivered to the User at User’s address provided to the Company.
The prizes that are delivered will not be returnable or exchangeable, except in the event the prize received by winner was delivered damaged, broken or missing, in which case, please kindly send us some photos and let us know the issue by emailing to armswave@outlook.com within 5 days of your package receival. We will get back to you and try our best to solve the issue for you.
9. Third-Party Products and Services
Armswave may display advertisements and promotions from third parties on the Services or may otherwise provide information about, or links to, third-party products or services. Armswave does not endorse or make any representations or warranties regarding any third-party products, services, promotions or vendors. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Armswave is not responsible or liable in any manner for any third party products or services, for any loss or damage of any sort incurred as the result of any products, services, dealings or promotions or as the result of the presence of such non-Armswave advertisers or third party information on the Services.
10. Feedback
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, regarding the Armswave and/or our Services (“Feedback ”) are non-confidential and shall become the sole property of Armswave. Armswave shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
11. User Content and Conduct
The Services may include interactive areas or services, such as forums, chat rooms, message boards, or other areas or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials on the Services (collectively, “User Content “). You are solely responsible for your use of such interactive areas or services and use them at your own risk. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
· User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
· User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, false, misleading, fraudulent or otherwise objectionable;
· User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
· User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; and
· Unsolicited promotions, political campaigning, advertising or solicitations.
Also, you further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
· Engage in fraudulent or dishonest activities in connection with the Services;
· Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users;
· Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
· Send distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
· Harvest or otherwise collect information about users, including email addresses, without their consent;
· Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms; or
· Circumvent or attempt to circumvent any filtering, security measures or other features Armswave may from time to time adopt to protect the Services, our users or third parties.
Armswave takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Armswave liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at our discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although Armswave has no obligation to screen, edit or monitor any User Content, Armswave reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Unless we indicate otherwise, by providing User Content through the Services, you grant Armswave a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content throughout the world in any media. You further grant Armswave and our sublicensees the right to use the name that you submit in connection with such content, if we or they choose.
By providing User Content through the Services, you represent and warrant that: (a) such User Content is non-confidential; (b) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Services, does not and will not violate these Terms or any applicable law, rule or regulation.
12. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA “) and other applicable law, Armswave has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. Armswave may also, at our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether there is any repeat infringement.
13. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement to armswave@outlook.com.
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
14. Disclaimers
THE SERVICES AND ARMSWAVE MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ARMSWAVE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. ARMSWAVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THE MATERIALS THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ARMSWAVE DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Armswave reserves the right to change all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Armswave.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL ARMSWAVE OR ARMSWAVE PARTIES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT OR THE MATERIALS CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM ARMSWAVE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARMSWAVE OR THE ARMSWAVE PARTIES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO ARMSWAVE FOR ACCESS TO OR USE OF THE SERVICES.
16. Indemnification
You agree to defend, indemnify and hold harmless Armswave, our independent contractors, service providers and consultants, and their respective directors, employees and agents (collectively, the “Armswave Parties ”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content and/or Feedback you provide; (c) your violation of these Terms or (d) your violation of the rights of any third party.
17. Arbitration
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH ARMSWAVE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ARMSWAVE.
You and Armswave agree to arbitrate any dispute arising from these Terms or your use of the Services, except that you and Armswave are not required to arbitrate any dispute in which either party seeks equitable and or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and Armswave agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in Hudson County, New Jersey; and (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND ARMSWAVE WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING
18. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Jersey and applicable United States law, without giving effect to any conflict of laws principles. You agree that any action at law or in equity arising out of or relating to the Services or the Terms will be filed only in the state and federal courts located in Hudson County, New Jersey.
19. Termination
Nevertheless, any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services or any portion thereof.
20. Severability
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
21. Questions
If you have any questions regarding these Terms or the Services, please contact us at armswave@outlook.com .