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PRIVACY POLICY
& EULA

Privacy Policy

Wonderplay Entertainment Inc. is a gaming company based in Irvine, California. We value your comments and feedback.

This is our Privacy Policy, which will inform you:

+ What information is collected from you;
+ How your information is used;
+ With whom your information may be shared;
+ How you can access, update or delete your information.

Our company and the scope of our games are continuously evolving, and as such, this article may be updated to reflect these changes. Please visit this page to find out about our latest policy. Any new policy will be effective from the date it is published. We will always keep this up to date so that you know what information we collect from you, how we may use it and when we may disclose it.

This policy applies to our website and all of our games, published into any platform – mobile, console, mixed reality and any other derivations. It also applies to all of our advertising and related activities on all of these platforms as described below, as well as other services that we provide. In this policy we refer to our games, website(s), advertising activities, and other services collectively as our “Services.”

By using our Services, you agree to the use of your information in accordance with this privacy policy. If you have any concerns or issues about providing information to us or how your information is used as described in this privacy policy, please refrain from using our Services.

Wonderplay Entertainment Inc. is in strict compliance with the requirements of the Children’s Online Privacy Protection Act (COPPA, 16 CFR Part 312). The Services are not intended nor directed towards anyone less than 13 years of age. No one under age 13 may provide any Information to or through the Services. We do not knowingly collect personal information from anyone under the age of 13. If you are under 13, do not use or provide any Information on the Services or through any of its features/register on the Services, use any of the interactive or public comment features of the Services or provide any information about yourself to us. If you believe we might have any information from or about a person under the age of 13, please contact us at the email address noted below.

Additionally, Wonderplay Entertainment Inc. is in strict compliance with the requirements of California’s Online Privacy Protection Act (OPPA, Cal. Bus. & Prof. Code 22575-22579). 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 would like 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 an email to the address listed below.

What information do we collect?

We collect information from different sources, but most are from when you play our games, visit our website(s), or use our Services. In general, the information we collect about you relates to the type of device you are using, how you play our games (i.e. your high scores and purchases), how you use our Services, where and how you access our Services, and may include information that you submit which you allow us to access when you connect to your social network accounts through our games or Services. We may also collect information from advertising platforms and partners and other third parties such as information about purchases and interests.

This collection includes both personal information and non-personal information. In more detail, depending on the Services you choose to interact with or use, the following information may be collected and processed by us:

+ Details about how you use and interact with our games, advertising, and other Services;
+ Emails and correspondences;
+ Your interactions with our social media channels;
+ Information we collect via cookies and other similar technologies;
+ Information we collect from you when you connect our games or Services to third party platforms or social network services or use other social or player-to-player functionality; and
+ Information we collect about you from our other group companies or other third party companies (including publishing partners, platforms, advertising platforms and partners and data aggregators) which may include attributes about you and your interests, as well as other games and services you use, demographic and general location information. We will use this information as described in this policy subject to any limitations in the privacy policy of the company that collected the information from you.

In some instances, when you make purchases on or through our website(s) or using our Services, or via third party system, such as Steam, Google Play Store or Apple App Store, we may collect certain payment information from you on behalf of our payment service providers, but this information is temporarily cached in a way that is unreadable by us. We do not collect or retain credit card information. Our payment service providers will provide us with information about your purchases so that we know if a purchase has been successful. Furthermore, when you purchase items via our mobile apps (such as those you can purchase in the App Store, on Facebook, or on Google Play) we do not collect or store any payment information from you.

Finally, we may collect some of the information types referenced above on an aggregated or anonymized basis, or we may use it or share it in an aggregated or anonymized way, for research or analysis into the way our Services operate and are used. 

What is Personal Information and why do we collect it from you?

‘Personal Information’ is information or an opinion that identifies you as an individual. We collect and store your email when you sign up for our newsletter, or where you nominate to specifically allow our games to collect your email.

Collection of other ‘Non-Personal’ Information

Though we do not directly use cookies in order to track your movement around the web, our websites and apps may contain APIs from third parties. Specifically, we use Google Analytics to help analyze how users use our websites. The tool uses cookies to collect internet log information and visitor behavior information in an anonymous form. The information generated by the cookie about your use of the website, including your IP address, is transmitted to Google. This information is then used to evaluate use of our website and to compile statistical reports on website activity.

Sensitive Information

Sensitive information is defined in the US Privacy Act (1974) to include information or opinion about such things as an individual’s racial or ethnic origin, political opinions, membership of a political association, religious or philosophical beliefs, membership of a professional body, criminal records or health information.

We do not record and will not attempt to obtain nor record any sensitive information as defined above.

Disclosure and Security of Information

Any collected information is stored offsite in a manner that reasonably protects it from misuse, loss, unauthorized access, modification, or disclosure. This includes personal information and non-personal information. However, we cannot guarantee website links or policies of authorized third parties that you may visit from our website and/or games. You access those sites at your own risk.

We will not sell, trade, rent, or disclose any of the personal information you provide to us for any reason, without your prior consent. Otherwise, the information we collect will only be disclosed where required or allowable by law.

Access to your Personal Information

Under the Privacy Act, NPP 6 gives you the right to access the Personal Information we hold about you and to update and/or correct it, subject to certain exceptions. If you wish to access your Personal Information, please make out your request to us in writing at the address listed below. Wonderplay Entertainment Inc. will not charge any fee for your access request, but may charge an administrative fee. Please be aware that in order to protect the Personal Information in our database, we will require identification from you before releasing any information.

General Data Protection Regulation (GDPR)

Under the GDPR which goes into effect on May 25, 2018 in Europe, you have the option to request specific user data such as usernames, locations, achievements, etc. to be removed from our data collection warehouse and encrypted. Please send any requests for data removal to contact@wonderplayent.com

Contact Information

You can reach us in regards to any Privacy Policy issues at contact@wonderplayent.com

End User License Agreement

The following terms of service and end user license agreement (“EULA”) constitute an agreement between you and Wonderplay Entertainment Inc. This EULA governs your use of our Services as specified below.

For the purposes of this EULA "Software" means all software programs distributed, published or otherwise made available by Wonderplay Entertainment Inc. or its affiliates including, but not limited to mobile games, console games, downloadable/installable games for personal computer and games accessed by means of a browser or other online communication method. Software also includes updates and upgrades as well as accompanying manual(s), packaging and other written, files, electronic or on-line materials or documentation, and any and all copies of such software and its materials.

“Services” means all services made available by Wonderplay Entertainment Inc., including but not limited to services accessed through mobile games, by means of a browser or by other online communication method.

Software and Services are collectively referred to as “Wonderplay Entertainment Services”.

The software is licensed, not sold. Your use of the software (as specified below) is subject to the terms and conditions set forth in this EULA. By installing, using or accessing the Wonderplay Entertainment Services or any materials included in or with the Wonderplay Entertainment Services, you hereby accept the terms of this EULA.

If you do not accept the terms of this EULA, do not install, use or access Wonderplay Entertainment Services.

SOFTWARE LICENSES

Subject to this EULA and its terms and conditions, Wonderplay Entertainment hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Software for your personal non-commercial use for gameplay on a single computer or gaming unit, unless otherwise specified in the Software documentation. The rights granted herein are subject to your compliance with this EULA. The Software is being licensed to you and you hereby acknowledge that no title or ownership in the Software is being transferred or assigned and this EULA is not to be construed as a sale of any rights in the Software.

Subject to this EULA and its terms and conditions, Wonderplay Entertainment hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Services as provided by Wonderplay Entertainment, for your personal non-commercial use, in the manner permitted by this EULA. The rights granted herein are subject to your compliance with this EULA.

LICENSE TERM

The term of your licenses under this EULA shall commence on the date that you accept this EULA and install or otherwise use the Software and/or Services and ends on the earlier date of either your disposal of the Software and/or Services or Wonderplay Entertainment's termination of this EULA. Your license terminates immediately if you attempt to circumvent any technical protection measures used in connection with the Software and/or Services or you otherwise use the Software and/or Services in breach of the terms of this EULA.

OWNERSHIP

Wonderplay Entertainment Inc. retains all right, title and interest in and to the Wonderplay Entertainment Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Wonderplay Entertainment Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Wonderplay Entertainment Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Wonderplay Entertainment. All rights not expressly granted to you herein are reserved by Wonderplay Entertainment.

THIRD PARTY SERVICES

Wonderplay Entertainment Services may include links to third party services and/or the third party services may be made available to you via Wonderplay Entertainment Services. These services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.

GENERAL LICENSE CONDITIONS

You agree not to: (i) commercially exploit the Wonderplay Entertainment Services; (ii) distribute, lease, license, sell, rent, lend, convey or otherwise transfer or assign the Wonderplay Entertainment Services, any copies thereof, or any passwords or usernames of Wonderplay Entertainment Services, without the express prior written consent of Wonderplay Entertainment or as set forth in this EULA; (iii) make a copy of the Wonderplay Entertainment Services or any part thereof, including but not limited to Software (other than as set forth herein); (iv) make the Wonderplay Entertainment Services publicly available or available on a network for use or download by multiple users; (v) except as otherwise specifically provided by the Wonderplay Entertainment Services or this EULA, use or install the Wonderplay Entertainment Services (or permit others to do same) on a network, for on-line use, or on more than one computer or gaming unit at the same time; (vi) use or copy the Wonderplay Entertainment Services at a computer gaming center or any other location-based site; provided, that Wonderplay Entertainment may offer you a separate site license agreement to make the Wonderplay Entertainment Services available for commercial use; (vii) reverse engineer, decompile, disassemble, translate, prepare derivative works based on or otherwise modify the Wonderplay Entertainment Services, in whole or in part; (viii) remove, obscure or modify any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Wonderplay Entertainment Services, falsify or delete any author attributions, legal notices or other labels of the origin or source of the material; (ix) misrepresent the source of ownership of the Wonderplay Entertainment Services; (x) transport, export or re-export (directly or indirectly) into any country forbidden to receive such Wonderplay Entertainment Services by any U.S. or other export laws or accompanying regulations or otherwise violate such laws or regulations, that may be amended from time to time; or (xi) scrape, build databases or otherwise create permanent copies of content returned from the Wonderplay Entertainment Services.

However, with regards to installable Software that was delivered on a physical storage medium, you may transfer the entire Software and accompanying documentation on a permanent basis to another person as long as you retain no copies (including archival or backup copies) of the Software, accompanying documentation, or any portion or component of the Software accompanying documentation, and the recipient agrees to the terms of this EULA The Software is intended for private use only.

The Wonderplay Entertainment Services may include measures to control access to the Wonderplay Entertainment Service, prevent unauthorized copies, or otherwise attempt to prevent anyone from exceeding the limited rights and licenses granted under this EULA. Only Wonderplay Entertainment Services subject to a valid license can be used to access online services, and download updates and patches. You may not interfere with such access control measures or attempt to disable or circumvent such security features. If you disable or otherwise tamper with the technical protection measures, the Wonderplay Entertainment Services will not function properly.

The Wonderplay Entertainment Services may allow you to create content, including but not limited to screenshots or a video of your game play. In exchange for use of the Wonderplay Entertainment Services, and to the extent that your contributions through use of the Wonderplay Entertainment Services give rise to any copyright, design right or any other intellectual or industrial property right you hereby grant Wonderplay Entertainment an exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your contributions in any way and for any purpose including, but not limited to the rights to reproduce, copy, adapt, modify, perform, display, publish, broadcast, transmit, or otherwise communicate to the public by any means whether now known or unknown and distribute your contributions without any further notice or compensation to you of any kind for the whole duration of protection granted to intellectual and industrial property rights by applicable laws and international conventions. If not expressly prohibited by mandatory legislation, you hereby waive any moral rights of paternity, publication, reputation, or attribution with respect to Wonderplay Entertainment's and other players' use and enjoyment of such assets in connection with the Wonderplay Entertainment Services and related goods and services under applicable law. This license grant to Wonderplay Entertainment, and the above waiver of any applicable moral rights, survives any termination of this EULA.

The Wonderplay Entertainment Services may require an internet connection to access the Wonderplay Entertainment Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Wonderplay Entertainment Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Wonderplay Entertainment Services. By using the Wonderplay Entertainment Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your carrier for further information. If you do not maintain such accounts, then the Wonderplay Entertainment Services or certain features of the Wonderplay Entertainment Services may not operate or may cease to function properly, either in whole or in part.

You may not use the Service to submit or link to any content which is defamatory, abusive, hateful, threatening, libelous, spam or spam-like, likely to offend, contains adult, nudity or objectionable content, contains personal information of others, or is racially, sexually, religiously, or otherwise objectionable or offensive, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. You may not use cheats, hacks, mods, exploits, or any other unauthorized third-party software designed to modify or interfere with the Service. You may not use the Service to harm anyone or to cause offence to or harass any person or disrupt the Service in a way that may negatively affect others' ability to fully enjoy the Service.

INFORMATION COLLECTION AND USE

By installing, accessing or using the Wonderplay Entertainment Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the United States of America.

Wonderplay Entertainment respects your privacy rights and recognizes the importance of protecting any information collected about you. Wonderplay Entertainment's privacy policy as amended from time to time is available at www.wonderplayent.com/privacy ("Privacy Policy") and applicable to this EULA. Wonderplay Entertainment’s Privacy Policy defines how, why and to which extent Wonderplay Entertainment collects and uses personal and non-personal information in relation to Wonderplay Entertainment's products and services. By installing, accessing or using the Wonderplay Entertainment Services you explicitly agree with the terms and conditions of Wonderplay Entertainment’s Privacy Policy and to any terms and conditions included therein by reference.

PAYMENTS AND PURHASES OF VIRTUAL GOODS

Wonderplay Entertainment may license to you certain virtual goods to be used within Wonderplay Entertainment Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.

Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.

Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and Wonderplay Entertainment is not a party to the transaction.

Wonderplay Entertainment may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Wonderplay Entertainment shall have no liability to you or any third party in the event that Wonderplay Entertainment exercises any such rights.

Subject to mandatory legislation, you acknowledge that Wonderplay Entertainment is not required to provide a refund for virtual goods for any reason, and that you will not receive money or other compensation for unused virtual goods, whether your loss of license under this EULA was voluntary or involuntary.

WARRANTY FOR PHYSICAL SOFTWARE PRODUCTS

Wonderplay Entertainment warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, Wonderplay Entertainment agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by Wonderplay Entertainment. If the Software is no longer available, Wonderplay Entertainment retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by Wonderplay Entertainment and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.

When returning the Software subject to the limited warranty above, please send the original Software only to the Wonderplay Entertainment address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.

NO OTHER WARRANTIES

Notwithstanding the abovementioned warranty for physical storage medium and to the fullest extent permissible under applicable law, the Wonderplay Entertainment Services are provided to you “as is”, with all faults, without warranty of any kind, without performance assurance or guarantees of any kind, and your use is at your sole risk. The entire risk of satisfactory quality and performance resides with you. Wonderplay Entertainment Inc., Wonderplay Entertainment’s licensors and channel partners do not make, and hereby disclaim, any and all expenses, implied or statutory warranties, including implied warranties of condition, uninterrupted use, accuracy of data (including but not limited to location data), merchantability, satisfactory quality, fitness for a particular purpose, non-infringement of third party rights, and warranties (if any) arising from a course of dealing, usage or trade practice. Wonderplay Entertainment Inc., Wonderplay Entertainment’s licensors and channel partners do not warrant against interference with your enjoyment of the software; that the Wonderplay Entertainment Services will meet your requirements; that operation of the Wonderplay Entertainment Services will be uninterrupted or error-free, or that the Wonderplay Entertainment Services will interoperate or be compatible with any other Wonderplay Entertainment Services or that any errors in the Wonderplay Entertainment Services will be corrected. No oral or written advice provided by Wonderplay Entertainment Inc., Wonderplay Entertainment’s licensors and channel partners or any authorized representative shall create a warranty. Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations apply only to the fullest extent permitted by law in the applicable jurisdiction.

LIMITATIONS OF LIABILITY

In no event will Wonderplay Entertainment Inc., Wonderplay Entertainment’s Affiliates, Wonderplay Entertainment’s licensors or channel partners be liable for special, incident or consequential damages resulting from possession, access, use or malfunction of the Wonderplay Entertainment Services, including but not limited to damages to property, loss of goodwill, computer failure or malfunction and, to the extent permitted by law, damages for personal injuries, property damage, lost profits or punitive damages from any causes of action arising out of or related to this EULA or the software, whether arising in tort (including negligence), contract, strict liability or otherwise and whether arising in tort (including negligence), strict liability or otherwise and whether or not Wonderplay Entertainment Inc., Wonderplay Entertainment’s licensors or channel partners have been advised of the possibility of such damages. For purposes of this section, Wonderplay Entertainment’s licensors and channel partners and third party beneficiaries to the limitations of liability specified herein and they may enforce this EULA against you.

Because some states/countries do not allow certain limitations of liability, this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state of municipal law, which cannot be pre-empted. This EULA gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.

In no event shall Wonderplay Entertainment Inc., Wonderplay Entertainment’s affiliates, Wonderplay Entertainment’s licensors’ or channel partners’ liability for all damages (except as required by applicable law) exceed the actual price paid by you for use of the Wonderplay Entertainment Services.

TERMINATION

This EULA will terminate automatically if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software and all of its component parts and cease and desist from accessing any Wonderplay Entertainment Services. With regards to Software delivered on a physical storage medium you can end this EULA by destroying the Software and all copies and reproductions of the Software and deleting and permanently purging the Software from any client server or computer on which it has been installed.

EQUITABLE REMEDIES

You hereby agree that if the terms of this EULA are not specifically observed, Wonderplay Entertainment will be irreparably damaged, and therefore you agree that Wonderplay Entertainment shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of the terms of this EULA, in addition to any other available remedies.

AFFILIATE

For purposes of this EULA, an “affiliate” or Wonderplay Entertainment means any legal entity that is directly or indirectly controlled by Wonderplay Entertainment Inc. for so long as such control lasts. Control shall exist through direct or indirect ownership of more than 50% of the nominal value of the issued equity share capital or more than 50% of the shares entitling the holders to vote for the election of the members of the board of directors or persons performing similar functions.

INDEMNITY

You agree to indemnify, defend and hold Wonderplay Entertainment, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from: (i) your acts and omissions to act in using the Wonderplay Entertainment Services pursuant to the terms of the EULA; or (ii) your breach of this EULA.

MISCELLANEOUS

This EULA represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them. Wonderplay Entertainment reserves the right, at its discretion, to change, modify, add or remove portions of this EULA by posting the updated EULA on Wonderplay Entertainment’s website. You will be deemed to have accepted such changes by continuing to use the Wonderplay Entertainment Services. If any provision of this EULA is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remaining provisions of this EULA shall not be affected.

GOVERNING LAW AND DISPUTE RESOLUTION

This EULA will be governed by the laws of the United States of America, under California jurisdiction, without reference to its choice of law rules.

Any dispute, controversy or claim arising out of or relating to this EULA or the breach, termination or validity thereof shall be finally settled at Wonderplay Entertainment's discretion (i) at your domicile's competent courts; or (ii) by arbitration. The arbitration shall be conducted in the United States and in English language. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST WONDERPLAY ENTERTAINMENT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, PLEASE CONTACT: contact@wonderplayent.com

Address

IRVINE, CA  92612  USA

Contacts

mchua@wonderplayent.com