Terms of Service
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
License to use website
Unless otherwise stated, 360Win LLC and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution].
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without 360WIN's express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without 360WIN's or it's related entities' express written consent.
Harassment and Misconduct Policy
Due to requirements by specific charities and the needs of our Advertisers, we cannot tolerate foul or abusive language or harassment. The penalty for using foul or abusive language or harassing other players during our games are:
- First offense – email notification.
- Second offense - suspended from play for 1 week
- Third offense – indefinite ban.
360WIN reserves the right to restrict access to certain areas of this website, or indeed this entire website, at their discretion.
If 360WIN provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
360WIN may disable your user ID and password in their sole discretion without notice or explanation.
Your California Privacy Rights
If you are a resident of the State of California, we provide you with information above on how to exercise your choice options such as your right to opt-out or opt-in for use of your Personal Information by third parties for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that received your Personal Information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices or other rights afforded under the law of the State of California, please send a request by email to our Privacy Administrator at Privacy@360win.com. All requests must be labeled “Your California Privacy Rights” in the email subject line or on the envelope or postcard. For all requests, please clearly state that the request is related to “Your California Privacy Rights,” include your name, street address, city, state, zip code and email address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly or that do not have complete information.
YOUR UTAH PRIVACY RIGHTS
We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation. We acknowledge that you have the right under Utah law to access your personal information. If, at any time after registering for information on the Site, you change your mind about receiving information from us or about sharing your information with third parties as you may have previously approved, send us a request specifying your preference. Simply send your request to our Privacy Administrator at Privacy@360win.com. We will retain personally identifiable information we process on behalf of our customers for as long as needed to provide services and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
All cash winnings are placed in your account and can be used to purchase anything in the 360WIN Mall or you can request a cash payout with a minimum balance of $100. There are several options to select from to receive your winnings and some have small fees attached.
All charities on the 360WIN site have been vetted and have agreed to be a part of our games for fundraising and exposure purposes.
360Win LLC will match any winnings that a player earns by contributing to a charity an amount equal to that won by the player.
If a player does not choose a charity to play for, then the amount of the matching funds will be directed to a charity chosen by 360Win LLC and it’s affiliated entities.
Any charity may leave the program at anytime by contacting Charity@360win.com
360Win LLC along with any of its affiliated entities will be held harmless and not liable to any player for any amount in the event that a player is unable to play a game due to any unforeseen circumstances, which include (but are not limited to) bad weather, power outages, poor internet or cell signal, health issues, personal equipment malfunction, acts of God or anything that would prevent the player from being able to log onto the site, into a specific game or to complete a game. This includes technical glitches and hardware failure. Every effort will be made to have reliable, steadfast equipment and personnel to maintain all aspects of the games and operating in proper manner.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to 360WIN a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to 360WIN the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or 360WIN or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
360WIN reserves the right to edit or remove any material submitted to this website, or stored on their servers, or hosted or published upon this website.
This website is provided “as is” without any representations or warranties, express or implied. 360WIN makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, 360WIN does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of Liability
360WIN will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if 360WIN has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit 360WIN's liability in respect of any:
- death or personal injury caused by 360WIN's negligence;
- fraud or fraudulent misrepresentation on the part of 360WIN or
- matter which it would be illegal or unlawful for 360WIN to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do agree with the terms and conditions set forth herein, you should not use this website. Use of this website will be deemed consent to the terms herein and all terms herein are deemed reasonable.
You accept that, as a limited liability entity, 360Win LLC and it’s affiliated entities have an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against 360Win LLC or affiliated entities officers or employees in respect of any losses you suffer in connection with the website.
You agree that the limitations of warranties and liability set out in this website disclaimer will protect 360Win LLC or affiliated entities' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify 360Win LLC and any affiliated entities, and undertake to keep 360Win LLC and it’s affiliated entities indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by 360Win LLC or it’s affiliated entities to a third party in settlement of a claim or dispute on the advice of 360Win LLC legal advisers) incurred or suffered by 360Win LLC or it’s affiliated entities arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to 360Win LLC and it affiliated entities other rights under these terms and conditions, if you breach these terms and conditions in any way, 360Win LLC or it’s affiliated entities may take such action as deemed appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, removing and winnings, contacting your internet service provider to request that they block your access to the website and/or bringing legal proceedings against you.
360WIN may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
360Win LLC may transfer, sub-contract or otherwise deal with 360WIN rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
These terms and conditions constitute the entire agreement between you and 360Win LLC or it’s affiliated entities in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with laws of Deleware and any disputes relating to these terms and conditions will be subject to the jurisdiction of the courts of Deleware in the United States.