Pacwyn 23 Terms of Service
1. DESCRIPTION OF APPLICATION AND ACCEPTANCE OF TERMS
1.1. These Pacwyn 23 App Terms of Service ("Terms") apply to the Pacwyn 23 Application ("Application") provided by Pacwyn LLC. ("Pacwyn").
1.2. Pacwyn ("we", "us", "our") grants you an access to the Application subject to your acceptance of these Terms. These Terms constitute a binding agreement between you and Pacwyn. We may update these Terms by providing a new version in the Application or by posting a new version online, and your further use of the Application after any such update constitutes your binding acceptance of such changes. We may immediately terminate this agreement with you if you fail to comply with any provision hereto.
1.3. Any time you use the Application, you shall also comply with any published guidelines or rules applicable to such services. Such User Guide may be published and amended from time to time.
1.4. If you have an Account in the game, you can exchange In-game items with other Users. When exchanging, you can send them your message, which must not violate the rules of these Terms. Using a Game Account, you can make in-application purchases for real money. Once you have made a purchase, we cannot refund your money back to you. Violation of any rule in the Terms, User Guidelines
may result in permanent blocking of your Account.
1.5. This Application is not a lottery, betting, sweepstakes, gambling, or any other risk-based game.
2. TERMS AND DEFINITIONS
2.1. Account - means a registered User account that stores a collection of data about the User in a computer system. This data allows User identification, authorization, and access to all functionality of the Application.
2.2. In-game currency - means private electronic money that is used to buy and sell In-game items in the Application.
2.3. In-game items - means items that can be purchased for Real or In-game currency, or obtained by playing various modes of the Application: (e.g., Packs, Picks).
2.4. Guest - means a person who does not have a registered Account, but has access to the Application with limited functionality.
2.5. Pacwyn content - means software, technology, text, publications, messages, including chat and email messages, profiles, widgets, links, music, sounds, graphics, images, video, programming code and all other audio-visual and other materials available when using the Application as well as the design of our website.
2.6. Coins - means In-game currency that can be earned for free by playing various modes of the Application. Coins cannot be purchased with Real Currency.
2.7. Pack - means a set of instructions by which the User is given player cards.
2.8. Pick - means a set of several player cards from which the User can choose one player card.
2.9. In-Application Purchase - means a transaction to obtain additional Tokens or Account Enhancements that you purchase within the Application.
2.10. User - means a person who has completed the registration process and who has received an Account and access to all functionality of the Application.
2.11. Real Currency - means a legal payment instrument, generally accepted as a means of exchange in the issuing country, for which you can buy In-game items and top up your Token balance.
2.12. User Guidelines - means a document that contains information about the rules of conduct for Users and their interactions with other Users and Pacwyn.
2.13. Tokens - means In-game currency, which can be bought for Real currency or earned using the Application.
2.14. Third Parties - means individuals, sole proprietors and legal entities who are not Guests or Users.
3.1. Our Application is intended solely for your personal, non-commercial use and is available for informational and entertainment purposes only. You agree not to use the Application for any other purpose. You may use the Application as a Guest, however, in this case, some of the functionality will not be available to the User. Registration is required, in particular, before accessing certain areas or functionality of the Application.
3.2. By using the Application as a Guest, you risk losing access to your account in the Application and the progress you have achieved. In this case, Pacwyn shall not be responsible for lost access to such an account.
3.3. Registration is completed using your existing Facebook, Apple or Google+ Account (if you are using the Apple iOS Application), or Facebook or Google Account (if you are using the Android Application). We strongly recommend you to sign up for an Account using your Facebook, Apple and/or Google accounts. Note that Facebook, Apple and Google have their own Terms of Service and Privacy Policies:
3.4. The name of the Account must be acceptable, shall not contain any offensive words or signs, not be rude, not offensive to others, not violate other rules in the User Guidelines
and these Terms.
3.5. It is also forbidden to impersonate another User using your Account name.
3.6. We are not responsible for your Account safety if you lose access to your Facebook, Apple and/or Google account for any reason, or if your Account is used by another person using your Facebook, Apple and/or Google account.
3.7. Account data, as well as In-game Items, In-game Currency, are not transferred to our other games, applications.
4. LICENSE TO USE THE APPLICATION
4.1. Subject to your agreement to and continuous compliance with these Terms and any other applicable guidelines and policies, Pacwyn grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Application (including all software, content, In-game Items and other materials associated with the Application) for your personal, non-commercial use only.
4.2. We retain all rights to the Application not expressly granted to you under these Terms.
5. SPECIAL NOTE ABOUT THE AGE OF THE USER
5.1. Our Application is intended for use by persons over the age of 13. You acknowledge and agree that you are not permitted to use the Application and should not access the Application if you are under the age of 13.
5.2. If you are between the age of 13 and 17, you acknowledge that you have read the Terms with your parent or guardian, and he or she agrees to the Terms on your behalf and assumes full responsibility for complying with them. By using the Application, you certify that you are at least 13 years old and agree to provide us with accurate information about your age or identity if we request it.
5.3. You also agree not to assist children under the age of 13 in accessing the Application or attempt to contact children under the age of 13 while accessing or using the Application.
5.4. We assume that you have the right to make in-application purchases and you do not share your information and payment system passwords with third parties, including minors and others who may not use your information to make purchases. Claims for a refund of Real Currency spent on In-game items, In-game Currency by another person using your Account will not be eligible.
6. APPLICATION CONNECTION
6.1. You should be aware that there are certain situations for which Pacwyn is not responsible. Before using the Application and using the online features in the Application, please make sure you have a stable Internet connection. Certain features of the Application require an active Internet connection. The connection may be via Wi-Fi or provided by your mobile network provider, but Pacwyn is not responsible for the Application not working to its full potential if you do not have access to Wi-Fi and you have no other access to a network connection. If you use the Application outside of a Wi-Fi coverage area, you should be aware that the terms of agreement with your mobile network provider will still apply.
6.2. As a result, your mobile service provider may charge you for data transfer per connection time when you use the Application, as well as for other third party fees. By using the Application, you assume responsibility for any such charges, including data roaming charges, if you use the Application outside your home territory (i.e., region or country) without disabling data roaming.
6.3. If you are not the payer on the account of the device on which you are using the Application, please note that we will assume that you have received permission from the payer to use the Application.
6.4. In addition, Pacwyn cannot be responsible for the way you use the Application, i.e. you must make sure your device stays charged - if its battery is flat and you cannot turn it on to use the Application, Pacwyn will not be responsible. Pacwyn is an online application, so you must have a stable Internet connection. We have no control over your Internet connection and accept no responsibility if your connection to the server is lost during an Application session.
7. PACWYN INTELLECTUAL PROPERTY
7.1. We (or, if applicable, our licensors) own all rights, titles and interests in and to the software, technology, text, publications, messages, including chat and email messages, profiles, widgets, links, music, sounds, graphics, images, video, programming code and all other audio-visual and other materials available through use of the Application, and the design of our website and all intellectual property rights therein. Pacwyn Content may be used only in connection with the Application, and, except as expressly permitted by these Terms, you have no rights in any Pacwyn Content.
7.2. Unless expressly stated, you should assume that all Pacwyn Technologies and Pacwyn Content are protected by copyright, trademark and other applicable intellectual property laws and may not be used except as permitted by these Terms.
7.3. You are strictly prohibited from misusing the Pacwyn's intellectual property displayed in the Application, or any Pacwyn Content. Pacwyn will enforce its intellectual property rights to the fullest extent of the law.
7.4. We reserve the right to modify or discontinue the Application (or any portion of any Application with or without notice at any time. Pacwyn shall not be liable to you or any third party (including, without limitation, our licensors) for any modification, suspension or discontinuance of the Application.
8.1. The goal of this Application is to help users learn how to make better soccer drafts and lineups, learn about the latest player updates, and develop a mobile soccer community.
8.2. The Application allows you purchasing In-game Currency (Coins and Tokens) for Packs and Picks.
8.3. Each Pack is a set of instructions by which Player Cards are issued to the User. There are these types of Packs:
8.3.1. Regular. They are always available in the Application store;
8.3.2. Lightning. Available in the Application store at certain times and in certain quantities;
8.3.3. Reward. Packs that can be earned by playing in different modes.
8.4. Before the User buys the Pack - he/she reviews its name, description, price and decides whether to buy this Pack or not.
8.5. The result of activating a Pack is the receipt of a Player Cards are in the Pack. If the User is not satisfied with the contents of the Pack, we will not refund the in-game currency spent.
8.6. Packs cannot be sold or transferred to other Users.
8.7. Picks - a set of several Player Cards from which the User chooses one.
8.8. You can exchange Cards with other Users or buy Cards from other Users only for Coins.
8.9. The User is not able to communicate directly with other Users during the purchase/sale or exchange of Cards, but:
8.9.1. The user can use the suggested message templates for communication;
8.9.2. Before the opening of the transaction the User can describe his offer using 32 characters. This message must not contain offensive words or signs, not be rude, not offensive to others, not violate other rules in the User Guidelines
and these Terms of Service.
8.10. There are additional sections in the Application, such as: SBC, DSC, Objectives, Mini-games, and others. Some of them allow the User to get additional in-game items (for example: coins, Packs, Picks, cards), others are informational sections that show the User's progress, or contain other additional information. For example, Leaderboards show User ratings on various parameters. Collection - shows which Cards are already in the User's collection, and so on.
9. IN-APPLICATION PURCHASES; IN-GAME CURRENCY
9.1. We may provide certain products and services available for purchase on the Application ("Purchase on the Application").
Purchases on the Application:
9.2. Improved Account (Premium): One-time purchase, available for the lifetime of the Account.
9.2.1. The main features of the Improved Account:
18.104.22.168. banner ads are disabled;
22.214.171.124. video ads disabled;
126.96.36.199. accelerated animation of packs opening;
188.8.131.52. increases all Coins in rewards by 20%;
184.108.40.206. weekly gift from Pacwyn;
220.127.116.11. one-time bonus of 2300 Tokens;
18.104.22.168. ability to open 5 packs at once at My Packs section;
22.214.171.124. more slots for in-game Boosters;
126.96.36.199. Extended opportunities in additional game modes (Premium).
Tokens cannot be transferred to other Users. Tokens can only be spent to buy Packs. Once purchased, Tokens cannot be returned.
9.3. Tokens: Virtual in-game currency, which can only be obtained in 3 ways:
9.3.1. Conditional Free: Watch video ads.
9.3.2. Paid: purchase with real currency through In-Application Purchase.
9.3.3. Free: daily gift from our Pacwyn Team
9.4. Once you have made a Purchase on the Application, you are responsible for any loss or damage to the result of a Purchase in the Application, and Pacwyn assumes no liability in such circumstances, regardless of the cause. You expressly understand and agree that our Application and your use of the result of an In-Application Purchase is at your sole risk and that our Application and In-Application Purchases are provided "as is" and "as available." All In-Application Purchases (whether Enhanced Account or Tokens) are final and no refunds will be given.
9.5. Once you have made a Purchase on the Application, we recommend that you immediately take the necessary steps to complete the transaction (for example, activate or download any content).
9.6. The Fair Play System accumulates all of the rules that you have read in these Terms and Conditions and in the User Guidelines
. A main part of the Fair Play System is the security of the economy within the game and the prevention of cheating and game hacking.
9.7. Our Application uses virtual currency - Tokens. If required, you may purchase using Real Currency or earn Tokens on our Application. All virtual currency purchased is subject to the terms and conditions of the applicable third party controlled application store. We have no control over how you may pay with such third parties. You can read the terms and conditions of the respective Application store on the website of that store: https://www.apple.com/legal/internet-services/itunes/
(for iOS) and https://play.google.com/intl/uk_us/about/play-terms/index.html
. (for Android OS).
9.8. Coins - means virtual in-game currency that can be earned by playing various game modes of the Application. Coins cannot be purchased for real money, sent to your bank account or exchanged for real goods or converted into real currency.
9.9. To ensure the security of the game economy, our team has the right to control the nature of In-game Items. If you try to buy items with real money on the black market, or exchange them for items outside the Application, or earn them by other unspecified means, we have the right to block access to our Application or limit its functionality.
9.10. For the security of the economy, we may review all Users activity. We have the right to compare your activity with that of other Users to decide if your activity contains suspicious activity. If we see that your Account repeatedly raises In-game currency and stands out from other Users in the Application, we have the right to block part of the Application or the entire Account in order to secure the economy of the Application.
9.11.You can earn coins by playing game modes or by selling cards at the trading, but you can’t buy coins. Buying coins from a third party, promoting coin buying, and coin distribution is against our rules.
9.12. We all want to help a friend, but sending them coins isn’t the way to do it. Sending coins to your friends is a form of coin distribution and it breaks our rules.
It breaks our rules if you use the trading to transfer coins to or from another player instead of using it to get a card legitimately. This could mean that you complete the purchase of a card for the purpose of transferring coins from your account to another account, or that you sold a card to another account for the purpose of transferring the coins to your account.
Giveaways are another form of coin distribution. For example, if a player or site offers you coins in exchange for subscribing. Don’t do it! It’s against our rules.
Having multiple accounts and funneling coins and cards to your main account breaks our rules, too.
9.13. Use trading, also friendly trading, in terms of selling or buying cards legitimately. Use only fair price on the trading.
9.14. By using the Application, you are not allowed to:
9.14.1. use and participate (directly or indirectly) in the cheating (usage of cheat codes) or system vulnerabilities;
9.14.2. use automation software, emulators, bots, hacking or modification software;
9.14.3. any other unauthorized third-party software designed to modify or interfere with the Application by automatically obtaining In-game items, In-game currency without the User's personal involvement.
9.15. Only one User is allowed to use an Account at the same time. It is forbidden for two or more Users to use an Account at the same time. Each Account can have only one owner and another User is not allowed to enter and use another User's Account.
9.16. It is strictly forbidden to give another User the login details of the Account. It is strictly forbidden to learn, save or extort personal information about the Account of another User
9.17. After receiving a block, you can contact the User Support to explain your suspicious actions. Following your request, we have the right to unblock part of the Application or the entire Account, or to leave it blocked, but we do not disclose specific details of the reason for such blocking, but refer to specific clauses of these Terms and Conditions.
9.18. When playing the Application, please be friendly with other Users, be fair, do not destroy the economy, do not sell Coins or other items for real money, and always provide accurate information. You may use In-game currency to purchase In-game items in the Application. Notwithstanding any such purchase as set forth in these Terms and Conditions, all right, title and interest in and to Pacwyn Content, including all copyrights, trademarks and other intellectual property rights, belong to Pacwyn or its licensors.
9.19. Prices for In-game Items and Tokens are set by Pacwyn and are subject to change at any time at our discretion.
9.20. You have the option to delete your in-game Account on the Application. Please note that after deleting an Account you will lose all the progress of the Account, including Coins, Tokens, Improved Account and other In-game items. Real currency spent in the deleted Account cannot be returned or transferred to another Account.
10. PRIVACY AND SECURITY
10.2. Pacwyn cannot and will not be liable for any loss or damage resulting from your failure to protect your User Name or any other personal information.
11. RECOMMENDATIONS FOR USERS AND THE COMMUNITY
11.1. By using our Application, you are responsible for knowing, understanding and abiding by our Rules of Conduct. Our Terms are not exhaustive and we reserve the right to amend or change this list at any time and/or to determine what type of conduct we deem unacceptable when using our Application.
11.2. You agree that while using the Application, you will not:
11.2.1. provide content that:
188.8.131.52. harasses, insults, defames or threatens other Users;
184.108.40.206. contains profanity, obscene or other objectionable content;
220.127.116.11. disparages others based on gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
18.104.22.168. contains the intellectual property of any other party or violates the privacy, publicity or other personal rights of others; or
22.214.171.124. contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11.2.2. harass any other person or entity;
11.2.3. manipulate identifiers to conceal the origin of any content;
11.2.4. impersonate any person or misrepresent your affiliation with any person or entity;
11.2.5. place advertisements or invitations, or otherwise engage in commercial activities;
11.2.6. interfere with the Application, the servers or networks connected to the Application, or violate any requirements of the networks connected to the Application;
11.2.7. violate any applicable local, state, national or international laws or regulations;
11.2.8. promote or facilitate illegal gambling or betting;
11.2.9. provide, distribute, re-download or share any videos, photos, downloads or other content provided by Pacwyn or through the Application on any other website, streaming technology, peer-to-peer software or similar unauthorized distribution channel, unless Pacwyn has expressly authorized it;
11.2.10. use any meta tags or any other hidden text using Pacwyn's name or trademarks;
11.2.11. use your nicknames in order to advertise, display, or refer to any side sources (e.g. links to private news channels, groups, websites, etc.)
11.2.12. use your nicknames, containing any sort of calls for violence, war, racial or national intolerance, in particular, but not limited to, calls containing support for military aggression of the Russian Federation on the territory of Ukraine in any form (use of banned symbols, slogans, etc.)
11.2.13. attempt to decipher, decompile, disassemble or reverse engineer any software that makes up or in any way makes up any part of the Application;
11.2.14. access any content that is not intended for your use, or log into a server or Account that you are not permitted to access; or
11.2.15. attempt to investigate, scan or test system or network vulnerabilities or breach security or authentication measures without proper authorization.
11.3. In addition, you agree that you shall not remove any proprietary notices or labels on or in the Pacwyn Content and/or circumvent, modify, violate or circumvent any of the Pacwyn or other technologies used to deliver or protect the Application or any Pacwyn Content.
12.1. You agree to protect, indemnify and hold harmless Pacwyn, its parent company, affiliates, subsidiaries, employees, contractors, licensors and their affiliates, telecommunications service providers, content providers and successors, and their respective individuals, managers, employees and agents from all liabilities, claims, damages, costs, losses and expenses (including reasonable attorneys' fees) incurred by the parties to any other party or as a result of your use of the Applications, any transaction arising from the use of the Application (including, without limitation, any offers ) In-Application Purchases), your connection to the Applications, your violation of these Terms, or violation of any rights of another person.
13. TERMINATION OF ACCESS
13.1. We may, in our sole discretion, terminate your access to all or any part of the Application at any time without cause, notice or liability. Termination may include, but is not limited to:
13.1.1. prohibiting access to the Application;
13.1.2. deletion of all information about the Account;
13.1.3. prohibiting any further use of or access to the Application.
13.2. Pacwyn content available through the Application may not be available for download, purchase, sale or exchange if the Application is discontinued.
14. THIRD-PARTY SERVICES AND CONTENT
of any Third Party Site.
14.2. This Application is not affiliated with or sponsored by Electronic Arts Inc. or its licensors or other associations. All trademarks and copyrights belong to their respective owners.
14.3. The Application may contain advertisements and promotional offers from Third Parties or other third party service providers.
14.4. Your business dealings or interactions with any Third Parties and any terms, conditions, warranties or representations associated with such dealings are the sole prerogative between you and such Third Party.
14.5. All images used in the Application have been obtained lawfully from the copyright holders, or from public sources. Images may lend themselves to graphic processing. However, if we have inadvertently infringed on your legal right to any image, you may contact our Support Team by emailing firstname.lastname@example.org.
15. COMPLAINTS OF COPYRIGHT INFRINGEMENT
15.1. Pacwyn may, in special circumstances and at its discretion, disable and/or terminate the Accounts of Users who infringe the intellectual property of others or otherwise violate the terms hereof.
15.2. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been infringed, please provide Pacwyn's copyright agent with a Notice containing the following information:
15.2.1. an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property rights;
15.2.2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
15.2.3. a description of the material’s place of publishing on the Site l that you claim is infringing;
15.2.4. your address, telephone number and email address;
15.2.5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
15.2.6. a statement from you, made with notice of penalty for perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.
15.3. Pacwyn's copyright agent can be contacted at email@example.com.
16. DISCLAIMER OF WARRANTIES
16.1. YOU USE THE APPLICATION AT YOUR OWN RISK. THE APPLICATION IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PACWYN, FOR ITSELF AND ITS LICENSORS, EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. EACH OF PACWYN AND ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO PROVIDE ANY PACWYN CONTENT OR STORE ANY USER PERSONALIZATION SETTINGS.
16.2. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APPLICATION IS DOWNLOADED AND USED SOLELY AT YOUR DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
16.3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PACWYN (OR ITS LICENSORS OR EACH OF THEIR AFFILIATES) OR THROUGH THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS.
17. LIMITATION OF LIABILITY
17.1. YOU UNDERSTAND AND AGREE THAT PACWYN, ITS LICENSORS, AND THEIR RESPECTIVE AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PACWYN, ITS LICENSORS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM:
17.1.1. USE OR INABILITY TO USE THE APPLICATION, INCLUDING WITHOUT LIMITATION, TERMINATING OR DELETING THE APPLICATION;
17.1.2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR MESSAGES OR DATA;
17.1.3. ANY OTHER MATTERS RELATING TO THE APPLICATION
17.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
18. GENERAL INFORMATION
18.1. Pacwyn may send you notices, including those regarding changes to these Terms, by email, regular mail, or by posting on the Application; provided, however, that this section does not impose any requirements on Pacwyn that are not expressly set forth herein.
18.2. You agree that any of your registered Accounts on the Application are non-transferable, and any rights in your User ID or Account content are not transferable by inheritance, or otherwise.
18.3. You agree that you will report any violations of these Terms to firstname.lastname@example.org.
18.4. If you have any questions or comments about these Terms of Service, please contact email@example.com by email using the subject line "Questions about Terms of Service."
18.5. Pacwyn releases a new version each year. When a new version of the Application is released, we may discontinue support for the current year's version.
19. CHEATING AND VIOLATION OF COMMUNITY RULES
19.1. We have the right to check all game modes, analyze the statistics of your game progress and, based on this, take actions to restrict access to a certain part of the Application or to the entire Application.
19.2. If we detect the use of cheating software in the game, hacking attempts or other actions that harm the Application, the Users or the economy of the Application, or other actions that violate these Terms or the User Guidelines
, we have the right to apply actions to block your Account or part of the Application.
19.3. If a User cheats on the Application by using a dishonest method or attempts to access the Application outside of the mobile application, we have the right to block his or her Account and remove the cheated gaming property without refund.
20. DISPUTE RESOLUTION
20.1. If disputes arise between Users of the Application, Pacwyn may act as an arbitrator and make a discretionary decision in order to provide quality service to the entire community.
20.2. In the event of disputes over matters under these Terms, you agree to assist in their resolution through negotiation.
20.3. If you believe that your rights or legitimate interests have been violated by us, you must file a written claim with us in order to resolve the dispute directly. The claim must be in the English language. The claim shall be sent by email from the email address to us at firstname.lastname@example.org.
20.4. The claim must contain the following information: your name, surname, Profile ID and a statement of the reasons of the claim. The subject of email must be 'DISPUTE RESOLUTION'. Failure to provide the above information is grounds for leaving the complaint without consideration.
20.5. We will usually review the claim within twenty (20) calendar days, after which we will send you an answer to your email about the outcome of your claim.
20.6. If you are not satisfied with the outcome of your claim, you have the right to file a grievance with the LCIA as outlined below.
20.7. "All disputes, controversies or claims arising under or in connection with this contract, including those related to its conclusion, interpretation, performance, breach, termination or invalidity shall be settled by the International Commercial Arbitration Court at the Ukrainian Chamber of Commerce and Industry in accordance with its Rules of Procedure.
20.8. The parties may also specify the substantive law governing their contract, the number of arbitrators (one or three), the place of arbitration, and the language of the arbitral proceedings. The following provisions may be used:
20.9. The law governing this agreement shall be the substantive law of England and Wales. The arbitral tribunal shall consist of a sole arbitrator. Kyiv, Ukraine shall be the seat of the Arbitration Tribunal s. Russian or English shall be the language of the arbitration proceedings.
20.10. Unless expressly precluded by the scope of the dispute, the parties agree to continue performing their obligations under these Terms during the dispute resolution procedure and until such obligations are terminated or expire in accordance with the provisions of these Terms.
20.11. Pacwyn's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties' intentions as reflected in that provision, and the other provisions of these Terms shall remain in full force and effect.
20.12. You agree that regardless of any law or regulation to the contrary, any claim or cause of action arising out of or related to use of the Application or these Terms must be filed within one (1) year after such claim or cause of action arose or it will be forever barred.
21. CONDITIONS IN RELATION TO SPECIFIC PLATFORMS
21.1. The following additional terms and conditions apply to the Application provided by Pacwyn, which is intended for use on mobile devices running Apple iOS:
21.1.1. Use of the Application requires the use of a device with iOS 11 or higher;
21.1.2. You agree that these Terms are between you and Pacwyn, not Apple Inc. Pacwyn, not Apple, is solely responsible for the Application and Pacwyn Content.
21.1.3. Your use of the App is governed by these Terms, which grant you a non-transferable, limited license to use the App on Apple-branded products that you own or possess, and within the Terms of Service set forth in the App Store Terms of Service.
21.1.4. You agree that Apple is not responsible for providing maintenance and support services with respect to the Application.
21.1.5. You agree and accept that Pacwyn, not Apple, is liable for any express or express warranties in law relating to the product, to the extent that the disclaimer thereof is invalid. If you are entitled to the warranties set forth in the law applicable under your legal system, you may notify Apple if the Application does not conform in some form to that warranty, and Apple will refund the purchase price, if any, paid by you to Apple for the Application. To the extent permitted by applicable law, Apple will have no other warranty obligations with respect to the App, and Pacwyn will be solely responsible for any other claims, losses, liabilities, damages, costs or expenses resulting from any form of non-compliance of the App with any warranty.
21.1.6. You agree that Pacwyn, not Apple, is responsible for resolving claims made by you or a third party with respect to the Application or your use of the Application, including but not limited to:
126.96.36.199. claims about the quality of the Application;
188.8.131.52. any claim that the Application does not comply with any statutory or regulatory requirements; and
184.108.40.206. claims arising under consumer protection, personal data protection or similar laws.
21.1.7. You agree that if any third party claims that the Application or your use of the Application violates that third party's intellectual property rights, Pacwyn, not Apple, is solely responsible for investigating, defending, settling and satisfying such intellectual property claims.
21.1.8. You agree that
220.127.116.11. You do not reside in a country that is embargoed or designated by the U.S. government as a "terrorist supporting" country; and
18.104.22.168. You are not on any U.S. government list of prohibited or restricted persons.
21.1.9. You agree and acknowledge that Apple and its subsidiaries are third party beneficiaries under this Agreement and that, if you accept the provisions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.
21.2. The following additional terms and conditions apply to the Application made available to Pacwyn User, which is intended for use on Android mobile devices:
21.2.1. You must use a device with Android 5 or higher to use the Application;
21.2.2. You agree that this Agreement is between you and Pacwyn and not with Google LLC, Google Ireland Limited, Google Commerce Limited or Google Asia Pacific Pte. Limited (Google). Pacwyn, not Google, is solely responsible for the Application and the foregoing content.
21.2.4. Your use of the Application is subject to the terms of these Services, which grant you a non-transferable, limited license to use the Application on your Android devices. In addition, your use of the Application is also subject to the terms of service set forth by Google in the Google Play Terms of Service, which can be found at https://play.google.com/intl/ru/about/terms.html
21.3. Certain provisions relating to the Android and iOS Applications are covered by the separate Terms of Service and User Agreements of those Platforms and Pacwyn may modify the Applications to conform to the Rules of those Platforms.
22. CUSTOMER SUPPORT
22.1. One of the services we provide is User Support. By accepting all of our policies, you have the right to contact support at any time using email@example.com. The reason for contact may be any question concerning the Services provided to you, your suggestion for their improvement, sending a bug report and other questions related to our service.
22.2. After your message is sent, a support engineer will review it within 48-72 hours. There is no set response time for the engineer, and depending on the quality of your message or discovery of a user manual violation, the support engineer may not respond to your request.
22.3. When contacting customer service, always be honest, send only truthful information, do not be rude, do not use profanity, be polite, friendly and do not violate private and public human rights.
22.4. Also note that we are not responsible if any User or other company writes to you on our behalf to obtain any information he/she requests from you. Be careful to make sure you have contact with our support team. Support is provided only by communicating via email at firstname.lastname@example.org.
DISCLAIMER: Other communication channels such as Instagram, Facebook, Twitter and other platforms are not an official support service and any information you receive from a member of our team outside of email is for informational purposes only and is not legally binding.
23. SANCTIONS CLAUSE
23.1. Due to Council Regulation (EU) 2022/1904 of 6 October 2022 amending Regulation (EU) No 833/2014 concerning restrictive measures in view of Russia’s actions destabilising the situation in Ukraine, European Union imposed various sanctions on Russian Federation which are, among others: IT consultancy services, covering the installation of computer hardware and software implementation services, including assistance services to the clients in the installation of computer hardware and computer networks, and all consultancy services involving development and implementation of software.
23.2. Therefore, Pacwyn, in order to comply with the provisions of Council Regulation (EU) 2022/1904, restricts any access to the Services on the territory of the Russian Federation.
23.3. To the extent, permitted by law, Pacwyn is authorized to terminate access to the Account for any user who:
a) supports the actions of the Russian Federation in any form (displaying paraphernalia, campaigning, propaganda, etc.);
b) is disrespectful towards other Users on the grounds of racial, national hatred;
c) tries in any way to bypass the ban on the use of the Services on the territory of the Russian Federation (by means of WAP or in any other way).
24. MODIFICATION OF TERMS
Last updated: 2023/01/26
24.1. Pacwyn may change the Services from time to time, so you are advised to review the current version of the Services regularly. For Pacwyn players who have accepted a version of these Terms prior to the changes, the new version of the Terms will begin to apply when they are published on the Application or https://pacwyn.app
24.2. Your continuous use of the Pacwyn Application constitutes your acceptance of changes to the Terms. After you accepted the new version of the Terms, future material changes will only be possible with your consent. If you are asked to accept a material change to the Terms, which you decline, your continuous use of the Pacwyn Application may not be possible.