parWinr Terms of Service



1. Offer and Acceptance of the Terms



This document outlines the terms of service between parWinr, Inc. (“parWinr,” “we,” or “us”) and you, the user or visitor of the parWinr website or any parWinr products, software, data feeds, or services provided via the parWinr website (collectively the “Service”). By using or visiting the Service directly or through a third-party, you signify your agreement to these Terms of Service. If you do not agree to any of the terms, please do not use the Service.

Although we may attempt to provide a notification of substantial updates to the Terms of Service, you should review the most recent version available at www.parwinr.com prior to using or visiting the Service. We reserve the right to modify the Terms of Service at our sole discretion at any time, and you agree to be bound by such modifications or revisions. These Terms of Service create no third-party rights or benefits.


2. Community Guidelines



parWinr is a business-to-business service provider. parWinr strives to provide a rich online interactive multimedia gaming platform to its customers to reach a wide range of users such as a parent with a child to help reinforce basic math, a high school student preparing for the SATs, a manager training new employees, a company to inform interested consumers of a new product, or friends sharing memories of good times together.

Like a word processor or computerized operating system, parWinr is a platform our customers use to author and publish interactive multimedia games. parWinr does not generate the games. parWinr does not select the recipients of the games. parWinr does not substantially modify the games during transmission.

Regarding the content for each game, all parWinr customers assert that:

  1. The customer is the owner or valid licensee of the content, and has secured all necessary licenses, consents, authorizations and waivers for the use of the Content, including without limitation, all text, pictures, audio, video, talent, logos, trademarks, and copy contained in all Content and there are no conflicting claim(s) with respect to Customer’s rights thereto;
  2. The use of the content will not infringe the Intellectual Property Rights of any party, or constitute defamation, invasion of privacy, or the violation of any right of publicity, talent rights, or any other right of any party;
  3. The customer has and will comply with all legislation, rules and regulations regarding the content;
  4. The customer will not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of the parWinr or any third party; and
  5. The content does not and will not contain any message, data or images which are obscene, pornographic, deliberately offensive, or pejorative terms, profanity or other vulgarities.


3. Registration and Membership



Certain content and features of the Service may be made available to registered users. The following outlines several terms for registering for the Service.

Who can register?

Registration is open to authorized representatives of parWinr customers in good standing.

If you are eligible and choose to register, you agree to

Provide true, accurate, current, and complete information as requested during registration.

Once registered you agree to

Maintain and update your registration information to sustain its truth, accuracy, and completeness.

Protect your account and password.

Be responsible for all activity with the Service conducted using your account.

Not use your account for: posting nude, partially nude, or sexually suggestive content; violating the law, including, but not limited to trademark and copyright laws; unauthorized purposes; harassing other users; exploiting another’s name, likeness, or personal attributes without permission; uploading viruses, Trojan horses, or other malicious code.

Report any known violations by others of these Terms of Service.

Promptly notify us of any compromise to your account.

If you violate this agreement

Violation of any term of this agreement may result in the termination of your account. Violations of this agreement may also result in the termination of some or all of the accounts associated with the parWinr customer who authorizes a registered user who violates any term of this agreement.

For our international users

You agree to comply with all local laws regarding online conduct and acceptable content.


4. Privacy Policy



parWinr is committed to maintaining the privacy of our users.

What information does parWinr collect?

parWinr collects information regarding users’ use of the Service. This includes, but is not limited to, content provided to the Service and content retrieved from the Service. For registered users, this information may be stored in a personally identifiable way.

parWinr may further collect personal and/or demographic information as part of the registration process.

The collection of information may be active, such as affirmative responses submitted during registration or during game play, or passive, such as cookies, server logs, click-through data, or pixel tags.

If you use the Service you should be aware that information you share may be visible to other users. Personally identifiable information you submit to publically accessible areas of the Service can be read, collected, or used by other individuals to send you unsolicited messages. parWinr is not responsible for the personally identifiable information you choose to submit in these areas. For example, if you choose to make information, which was previously non-public, available by enabling certain user features, parWinr may collect that information from your interaction and the information may become publicly available.

Registered users also have the right to access and correct the personal information you have provided and can help us ensure that your contact information and preferences are accurate, complete, and up to date by checking at www.parwinr.com. In addition, you can request a copy of your personal information by contacting us at info@parwinr.com.

As some aspects of parWinr’s services may be embedded in a parWinr customer’s service, parWinr does not make any representations regarding the collection, storage, or use of information by the parWinr customer. You should recognize that each parWinr customer may have their own terms of service and/or privacy policy which may be different than parWinr’s.

What does parWinr do with this information?

parWinr does not and will not share personally identifiable information collected. parWinr provides authors mechanisms to track plays of the games by the author. Accordingly, each author (e.g., parWinr customer) may collect information about your game play including but not limited to which games are accessed, which network address a game is accessed from, network referrer information, device and/or application used to access a game, duration of game play, and interactions with the game such as textual response, user selections, etc. The collection of such information is at the direction of the parWinr customer.

parWinr may provide the author with technical means to query a Game player’s performance data immediately after the player completed a game. The author’s access and use of such information is at their discretion. parWinr treats such information as confidential information and protects it as such.

The Service may provide suggested content for users of the Service based on collected information.

The Service may provide offers or other promotions for users of the Service based on collected information.

parWinr may also use the information to modify and/or enhance features of the Service.

parWinr may further use the information for accounting purposes such as, but not limited to, billing a parWinr customer.

parWinr also reserves the right to disclose your personally identifiable information for any reason if, in our sole discretion, we believe that it is reasonable to do so, including credit agencies, collection agencies, merchant database agencies, law enforcement, litigation or to satisfy laws, such as the Electronic Communications Privacy Act, the Child Online Privacy Act, regulations, or governmental or legal requests for such information. We may also disclose personal information that is necessary to identify, contact, or bring legal action against someone who may be violating our contracts, policies, and/or procedures.

Finally, we may also disclose information about you if we determine that for national security, law enforcement, or other issues of public importance, disclosure is necessary.

How is your information protected?

parWinr takes precautions—including administrative, technical, and physical measures—to safeguard your personal information against loss, theft, and misuse, as well as unauthorized access, disclosure, alteration, and destruction.

Where appropriate, the Service uses Secure Sockets Layer (SSL) encryption on web pages where personal information is required and to make online purchases you must use an SSL-enabled browser in order to protect the confidentiality of your personal and credit card information while it's transmitted over the Internet. You can help us by also taking precautions to protect your personal data when you are on the Internet. Change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining your personal information.

For our international users

parWinr abides by the safe harbor framework set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected from the European Union.

Effective date

This privacy policy came into effect on January 21, 2013.

For our California users

California law requires that we provide you with a summary of our privacy rights under the California Online Privacy Protection Act (“California Act”) and the California Business and Professions Code. As required by the California Act, these Terms of Service identify the categories of personally identifiable information that we collect through our website about individual consumers who use or visit our website and the categories of third-party persons or entities with whom such personally identifiable information may be shared.

Depending on the visitor's activity at our website, certain “personally identifiable information” (as that term is defined in the California Act) may be collected, in addition to information set forth in other sections of this document. For purposes of the California Act, the term “personally identifiable information” means individually identifiable information about an individual consumer collected online by us from an individual and maintained by us in an accessible form, and which may include any of the following:

  1. A first and last name.
  2. A home or other physical address, including street name and name of a city or town.
  3. An e-mail address.
  4. A telephone number.
  5. A social security number.
  6. Any other identifier that permits the physical or online contacting of a specific individual.
  7. Information concerning a user that the website collects online from the user, and maintains in personally identifiable form, in combination with an identifier described within this privacy policy.

Section 4 includes a subsection entitled “How is your information protected?” describing parWinr policies for a user who uses or visits our website to review and request changes to any of his or her personally identifiable information that is collected through our website.

Section 4 also includes a subsection entitled “Effective Date” which includes the effective date of the privacy policy.

Section 1 includes information about updates to these Terms.

Section 8 provides how these Terms and changes to these Terms may be communicated.


5. Digital Millennium Copyright Act



parWinr takes intellectual property rights very seriously and we ask that our users do the same. Each user providing content to the Service is entrusted to ensure that the content does not violate any third party intellectual property rights. By providing content the providing user asserts that use of trademarks, copyrights, patents, names, likenesses, personal attributes and information included in the content is duly authorized. The authorization includes, but is not limited to, authorization by the owner, an agent of the owner, or pursuant to law.

To the extent the provided content references or is located on a third-party system (e.g., not parWinr), the providing user asserts that the use of the provided content is authorized by such third-parties. The providing user agrees to abide by any terms imposed by such third-parties.

parWinr will promptly remove content in accordance with the Digital Millennium Copyright Act upon proper notification and identification of the materials that infringe the copyright of others. parWinr may also terminate the accounts of repeat infringers and/or other accounts authorized by the parWinr customer affiliated with the account of a repeat infringer.

If you believe your rights have been infringed

If you own or are an agent of an owner of copyrights which you believe are infringed by content on the Service, please provide written notice of the same including:

  1. Your name, address, telephone number, and email address;
  2. A description of the content you claim has infringed your copyright;
  3. A description of where the content may be located on the Service (e.g., URL), sufficient to allow us to locate the content;
  4. A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law;
  5. A statement by you under the penalty of perjury that the information in the notification is accurate and that you are the copyright owner of the content or authorized to act on the owner’s behalf; and
  6. Your physical or electronic signature.


The written notice may be transmitted through one of the following means:

  1. Via email to our Copyright Agent, info@parwinr.com
  2. Via post to our Copyright Agent:
    parWinr, Inc.
    ATTN: Copyright Agent (DMCA)
    1291 Ayala Dr. Suite 2
    Sunnyvale, CA. 94086

If you believe your content has been improperly removed

The DMCA provides a counter-claim process.

If you believe your content was removed or otherwise made unavailable by mistake or misidentification and is not infringing or that you have authorization from the owner, an agent of the owner, or pursuant to law, to use the content, please provide written notice of the same including:

  1. Your name, address, telephone number, and email address;
  2. A description of the content removed and previous location on the Service (e.g., URL), sufficient to allow us to identify the content;
  3. A statement by you under the penalty of perjury that you have a good faith belief that the removal was due to mistake or misidentification;
  4. A statement that you consent to the jurisdiction of the United States District Court of the District of California and a statement that you will accept service from the person who provided the notification of alleged infringement; and
  5. Your physical or electronic signature.


The written notice may be transmitted through one of the following means:

  1. Via email to our Copyright Agent, info@parwinr.com
  2. Via post to our Copyright Agent:
    parWinr, Inc.
    ATTN: Copyright Agent (DMCA)
    1291 Ayala Dr. Suite 2
    Sunnyvale, CA. 94086


6. The Warranty Disclaimer



The Service is provided “as is” and “as available.” Your use of the Service is at your own risk. To the fullest extent permitted by law, parWinr, its officers, directors, employees, and agents expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, parWinr makes no representations or warranties:

  1. That the Service will be permitted in your jurisdiction;
  2. That the Service will be uninterrupted or error-free;
  3. Concerning any content submitted by any user;
  4. Concerning any third party's use of content that you submit;
  5. That any content you submit will be made available on the Service or will be stored by the Service
  6. That the Service will meet your business or professional needs;
  7. That parWinr will continue to support any particular feature of the Service; or
  8. Concerning sites and resources outside of the Service, even if linked to from the Service.

To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and / or statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Service, and no warranties shall apply after such period.


7. The Limits of Liability



To the fullest extent permitted by law: (i) parWinr shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses; and (ii) parWinr’s total liability to you shall not exceed the amounts paid by you to parWinr over the twelve (12) months preceding your claim(s).

You specifically acknowledge that parWinr will not be liable for content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with the user.

You further acknowledge that the user is responsible to adhere to the terms of use for third-party systems for content provided by the user which is referenced by or located on such third-party systems.


8. General



Choice of Law and Venue

You agree that the Service shall be deemed solely based in the State of California. You further agree that the Service shall be deemed a passive website that does not give rise to personal jurisdiction, either specific or general, over parWinr in jurisdictions other than the State of California.

This agreement shall be governed by the laws of the State of California, without regard to principles of conflicts law.

Any claim or dispute between you and parWinr arising in whole or in part from this Terms of Service or the Service shall be decided exclusively by a court of competent jurisdiction located in Honolulu, California (or if there is exclusive federal jurisdiction, the United States District Court for the District of California).

You and parWinr agree that any dispute arising from or related to this Terms of Service or the Service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is barred.

Interpretation and Severability

Headings are provided as a convenience and should not be used to construe the terms of this agreement.

If any term of this agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this agreement.

Consent of Notice

You consent to receive all communications from parWinr, including but not limited to updates to these Terms, electronically such as via email or through posting on the Service. Notices relating to legal matters may be sent to info@parwinr.com or via post to:

parWinr, Inc.
Attn: Legal Matters
1291 Ayala Dr. Suite 2
Sunnyvale, CA. 94086