Terms & Conditions of Use

Last updated: 29 November, 2024

Please read these terms and conditions carefully before using our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: United Kingdom
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to APUN Limited.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a mobile phone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Spin the Wheel, accessible from https://spinthewheel.io
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

By using the Service, You acknowledge that notifications related to Your Account, including transactional emails such as file deletion warnings, are an essential part of the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using our Service.

Allowed Usage

Allowed (unless prohibited in the "Forbidden" section below):

Use this Website for legal commercial and non-commercial purposes. In other words, You can use it in your classroom at school, for Your company, in Your non-profit organisation, at public or private events, on Your YouTube channel, on Your blog, etc.
Include this Website in Your website with an iframe.
Create wheel pages and share them with others, for free or for payment.

Forbidden:

Use this Website for Your business, if Your primary business is gambling (letting visitors wager money or something of value, with the primary intent of winning money or material goods). In other words, using the Website for a charity raffle is allowed (if it is legal in Your jurisdiction) even if Your participants pay money for tickets. Using the Website in conjunction with running a casino business is forbidden.
Wording or images referencing any of the topics listed in the Content section.

Privacy

Please refer to the Privacy policy.

User Accounts

When You create an account with Us, You must provide Us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorised use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorisation.

You agree to receive necessary transactional emails related to the administration of Your Account, including notifications regarding data retention or the deletion of inactive content.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

Content Restrictions

The Company is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libellous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

Unlawful or promoting unlawful activity.
Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorised access to any data or other information of a third person.
Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
Impersonating any person or entity including the Company and its employees or representatives.
Violating the privacy of any third person.
False information and features.

The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with these Terms, refuse or remove this Content. The Company further reserves the right to make formatting and edits and change the manner any Content. The Company can also limit or revoke the use of the Service if You post such objectionable Content. As the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Company be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.

Content Backups

Although regular backups of Content are performed, the Company do not guarantee there will be no loss or corruption of data.

Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.

The Company will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

Copyright Policy

Intellectual Property Infringement

We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.

If You are a copyright owner, or authorised on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via electronic mail at theadmin at spinthewheel.io and include in Your notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.

DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright's interest.

A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.

Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.

Your address, telephone number, and email address.

A statement by You that You have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law.

A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorised to act on the copyright owner's behalf.

You can contact our copyright agent via electronic mail at theadmin at spinthewheel.io. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Data Retention and Notifications

Retention Period for Saved Content: Content saved by You to Your Account will be retained for a period of 365 days from the last time it was saved, edited, or opened. If no activity occurs within this period, the content will be scheduled for deletion.
Notification of Scheduled Deletion: The Company will contact You via email to notify You of any content scheduled for deletion. This notification will be sent before the deletion occurs, providing You with sufficient time to take action to retain the content.
Resetting the Retention Period: To reset the retention timer and prevent deletion, You need to save, edit, or open the relevant content. Each of these actions resets the timer back to 365 days from the date of the activity.
Responsibility to Monitor Notifications: You are responsible for ensuring that Your email address associated with the Account is accurate and that You monitor communications regarding scheduled deletions. The Company is not liable for data loss resulting from undelivered or ignored notifications.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Limitation of Liability

To the maximum extent permitted by applicable law, the Company and its affiliates, officers, employees, agents, suppliers, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

Loss of profits, data, use, goodwill, or other intangible losses;
Damages resulting from Your access to or use of, or inability to access or use, the Service;
Any conduct or content of any third party on the Service;
Any content obtained from the Service; or
Unauthorized access, use, or alteration of Your transmissions or content.

The Company disclaims all liability for issues arising from technical failures, interruptions, or delays beyond its control, including data corruption, harmful components (e.g., viruses or malware), or content errors.

This limitation applies regardless of whether the damages are based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not the Company has been informed of the possibility of such damages.

In jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, the Company’s liability will be limited to the maximum extent permitted by law.

Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express or implied, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

The Company does not warrant that:

The Service will function uninterrupted, secure, or available at any particular time or location;
Any errors or defects will be corrected;
The Service is free of harmful components such as viruses, malware, or other defects; or
The results of using the Service will meet Your requirements.

You use the Service entirely at Your own risk.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, employees, agents, suppliers, or licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees) arising from:

Your use of and access to the Service, including any data or content transmitted or received by You;
Your violation of these Terms, applicable law, or any third-party rights, including but not limited to intellectual property, privacy, or proprietary rights;
Any claim that Your use of the Service caused damage to a third party; or
Any other party’s access to and use of the Service with Your unique username, password, or other security credentials.

Assumption of Risk

By using the Service, You acknowledge and agree that:

Your use of the Service is entirely at Your own risk;
The Company is not responsible for any actions or decisions You make based on the Service’s content or functionality;
The Company does not guarantee the accuracy, reliability, or completeness of any data or content available through the Service; and
The Company is not responsible for any issues, damages, or losses resulting from technical failures, interruptions, errors, or data loss.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. These Terms may be updated to reflect changes in Our data retention policy or notification practices.

By continuing to access or use our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contacting Us

If you have any questions about these Terms and Conditions, You can contact us by electronic mail at theadmin at spinthewheel.io.

Disclaimer: For the avoidance of doubt, the English version of this page is considered to be the only valid version. For any other equivalent translated pages, these are not valid.