Terms and rules

Welcome to WiiM! These Terms of Service (the "Terms") are a binding legal agreement between you ("you" or "user") and Linkplay Technology Inc. and its affiliates (collectively, “WiiM”, “we”, “us”, or “our”). These Terms apply to all users and browsers accessing our websites, applications, forums, information, tools, and products (collectively, the "Services"), including but not limited to https://www.wiimhome.com, https://www.linkplay.com/, the WiiM Home mobile app, and the software or firmware in your WiiM devices.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms and our Privacy Policy . If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity.

By accessing and/or using our Services, you represent and warrant that you are at least 18 years of age, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Services on behalf of an entity, you represent that you have the authority to legally bind that entity to these Terms.

You may be able to create, send, publish, or display information, text, music, audio, photos, videos, or other materials when using our forums, or playlists when using the WiiM Home mobile app (collectively, "User Content").

We have made every effort to provide an accurate representation of our products and services. However, please note that colors or product appearance may differ from how they may appear on your screen. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer.

We or our suppliers make a variety of information and materials available through the Services. While we work to keep the WiiM-supplied content accurate, complete, and up-to-date, we cannot guarantee this, and we are not responsible for the accuracy, completeness, or timeliness of any WiiM-supplied content.

When you place an order on https://www.wiimhome.com, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.

In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email and/or phone number provided at the time the order was made. Your purchases are subject to return or exchange solely in accordance with our Refund Policy . You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes or shipping charges.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices.

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Our Services, including but not limited to all trademarks, brands, text, images, graphics, video, and audio, are owned by Linkplay Technology Inc., its affiliates or licensors and are protected by U.S. and foreign copyright, trademarks, patents, or other proprietary rights and laws (whether those rights are registered or not, and wherever in the world those rights exist).

These Terms permit you to use the Services for your personal, non-commercial use only. You may not copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or any part thereof, unless this is expressly permitted or required by law. All rights not expressly granted herein are reserved by us.

You may be provided with access to tools offered by third parties as part of the Services. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

You may be able to access or use third-party websites, resources, content, communications, or information (“Third-Party Materials”) through the Services. You acknowledge sole responsibility for and assume all risk arising from your access to, reliance upon, or use of any such Third-Party Materials. WiiM disclaims any liability that you may incur from accessing, relying upon, or using such Third-Party Materials via the Services.

You acknowledge and agree that WiiM: (a) is not responsible for the availability or accuracy of such Third-Party Materials; (b) has no liability to you or any third party for any harm, injuries, or losses suffered as a result of your access to, reliance upon, or use of such Third-Party Materials; and (c) does not make any promises to remove Third-Party Materials from being accessed through the Services.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and us.

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here Privacy Policy, and certain personal information may be subject to Shopify’s Privacy Policy. By using the Services, you acknowledge that you have read these privacy policies.

If you submit ideas, suggestions, feedback, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback in any medium for any purpose, including for commercial use. We are under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm WiiM or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

We respect the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to claims of copyright infringement. If you believe your work has been copied in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information:

Our Designated Copyright Agent can be reached at: legal@wiimhome.com.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

EXCEPT AS EXPRESSLY STATED BY WiiM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL WiiM, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.

SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL WIIM’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) BE MORE THAN THE AMOUNT THAT YOU HAVE ACTUALLY PAID FOR THE SERVICES IN THE PAST TWELVE MONTHS, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.

You agree to indemnify, defend and hold harmless WiiM and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

Please read the following section carefully because it requires you to arbitrate (settle out of court) certain disputes and claims with WiiM and limits how you can seek relief from us.

These Terms and any action related to them will be governed by the laws of the State of California, without regard to its conflict of laws provisions. Except for: (a) small claims disputes where you or WiiM seek to bring an individual action in small claims court located in the county of your billing address, or (b) claims for injunctive relief (a court order to stop something) by either party, any dispute or controversy arising out of, in relation to, or in connection with these Terms or your use of the Services will be finally settled by binding arbitration in Santa Clara County, California. This will be under the Federal Arbitration Act (9 U.S.C. §§ 1-307) and the current rules of JAMS (formerly known as Judicial Arbitration & Mediation Services) by one (1) arbitrator appointed according to JAMS rules. Where arbitration is not required by these Terms, the exclusive place for any legal action regarding these Terms will be the state and federal courts located in Santa Clara County, California. Both parties waive any objection to jurisdiction and venue (location) in such courts.

ANY DISPUTE RESOLUTION PROCEEDING, WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU EXPRESSLY AGREE THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES WILL NOT BE ASSERTED IN NOR APPLY TO ANY ARBITRATION UNDER THESE TERMS.

YOU ALSO AGREE NOT TO BRING ANY LEGAL ACTION AGAINST WIIM THAT IS MORE THAN ONE YEAR AFTER THE DATE OF THE EVENT THAT CAUSED THE ACTION. THIS APPLIES TO ANY LEGAL THEORY, INCLUDING CONTRACT, TORT, EQUITY, OR OTHERWISE.

We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, General Provisions, Privacy Policy, and any other provisions that by their nature should survive termination.

WiiM is always innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services WiiM provides can change from time to time without prior notice to you, subject to the terms in its Privacy Policy. Changes to the form and nature of the Services will apply to all versions of the Services. Examples of these changes include, but are not limited to, changes to fee and payment policies, security patches, added functionality, automatic updates, and other enhancements. Any new features added to the website or the Services from time to time will be subject to these Terms, unless stated otherwise.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.