WAT TERMS OF SERVICE
(Last Updated: January 12, 2018)
WAT (WAT,” “we,” “us,” and “our”) thanks you for your interest in accessing and using the WAT website https://wat.com including, without limitation, the forums, chat rooms, accounts, apps, APIs, materials, information and/or products and services available thereon (collectively, the WAT Website”), as well as the game, game launcher, and other game materials and services made available or offered through the WAT Website (collectively, with the WAT Website, the WAT Game”).
3. ACCOUNTS GENERALLY
4. CHILDREN UNDER THE AGE OF 13
The WAT Website is a general audience website and is not directed to children under the age of 13. We do not knowingly collect via the WAT Game personally identifiable information from children under the age of 13.
5. FREE TO PLAY
The WAT Game is “Free to Play” meaning that end users can access the WAT Game for free, with optional content and features available for purchase. For example, you have the option to purchase the following items.
- Virtual Currency
- Game Cards
- Digital Downloads
- Virtual Items
5.1. Virtual Currency. Virtual Currency is an online redeemable point system that can be used to obtain certain products and services offered by WAT through the WAT Game. Virtual Currency (a) can be purchased online or in-game, (b) can be acquired by redeeming a Game Card, and (c) may be awarded to end users for free in connection with certain WAT promotional offerings. Virtual Currency is sold in bundles and the price may vary depending on the amount you purchase and the location from which you purchase it. We may limit the amount of Virtual Currency that you can purchase or redeem over any given period of time. The purchase or redemption of Virtual Currency may be subject to sales tax in the United Sates. The purchase or redemption of Virtual Currency may be subject to VAT or GST in countries outside the United States. Where applicable, WAT will collect the required sales tax, VAT, or GST, and will remit the required amounts to the applicable taxing authority. All sales and redemptions of Virtual Currency are final. Virtual Currency does not expire, however all Virtual Currency is forfeited if your account is terminated or suspended for any reason. We reserve the right to terminate your access to the Virtual Currency in your account if we determine, after investigation, that you have used the Virtual Currency in connection with any fraudulent or illegal activity. Virtual Currency is not legal tender and does not constitute a personal property right. Virtual Currency is nonrefundable, non-transferable, has no cash value, and may not be redeemed, sold, or otherwise transferred for any sum of money or monetary value at any time.
5.2. Game Cards. WAT Game Cards may be purchased from various retailers. Game Cards can be redeemed for membership time and/or Virtual Currency as stated on the front of each card. The use of a Game Card is subject to these WAT Terms of Service and the terms and conditions printed on the card. While you own the physical WAT Game Cards that you purchase, WAT Game Cards do not store legal tender, are nonrefundable and non-transferable, have no cash value, and may not be redeemed, sold, or otherwise transferred for any sum of money or monetary value at any time.
5.3. Digital Downloads. For the WAT Game, WAT may sell licenses to digital downloads, such as expansion packs, that provide additional gameplay, content, functionality and/or features. Please note that some or all of the gameplay, content, functionality and features in a digital download may be made available at a reduced price, or for free, in a later release of such WAT Game. Digital downloads are nonrefundable.
5.4. Virtual Items. WAT sells a variety of virtual items (“Virtual Items”), which are digital objects such as armor, weapons, adornments, furniture, pets, mounts, potions, etc. that end users can acquire and use for entertainment purposes in the WAT Game. Please note that Virtual Items are not chattel and you do not acquire any ownership rights in the Virtual Items. When you purchase or otherwise acquire any Virtual Item in the WAT Game, WAT is providing you a limited license to use the Virtual Item in such WAT Game for personal, non-commercial purposes. WAT may sell Virtual Items through an in-game marketplace, a website, and/or a mobile app. Virtual Items may be sold for Virtual Currency or real world money, at WAT’s sole and absolute discretion. Please note that not all Virtual Items are available for purchase. Some Virtual Items can be acquired only through gameplay (e.g., by completing quests, killing non-player characters (NPCs), crafting, spending certain points or in-game currency, etc.), or through certain promotions we offer. WAT reserves the right to add, modify, remove, suspend and reintroduce Virtual Items in the WAT Game, in-game marketplaces, and promotional offers, and to change the prices and/or difficulty of obtaining Virtual Items, at any time in its sole and absolute discretion. Such changes may impact the effectiveness, functionality, and/or commonalty of the Virtual Items. As a result, the value and desirability of a Virtual Item may significantly increase or diminish over time. By purchasing a Virtual Item license you assume the risk of any such changes and agree never to assert any claim against WAT based on the actual or perceived value, or change in value, of a Virtual Item. Some Virtual Items may be tradable to other end users as part of the WAT Game. However, except as may be expressly permitted by WAT in its sole and absolute discretion, selling or otherwise transferring Virtual Items in exchange for real world money or monetary value is not allowed. Virtual Items acquired through the in-game marketplace are nonrefundable, have no cash value and are not redeemable and/or refundable for any sum of money or monetary value from us.
5.5. Memberships. The WAT Game offers membership levels for purchase that provide access to additional content, functionality and features. Some membership levels may require the purchase of a subscription. Subscriptions may be acquired by redeeming a Game Card or by purchasing a recurring subscription. Recurring subscriptions will automatically renew for the same amount of time as the initial subscription period, and will be automatically charged to the payment method on your account unless you terminate the auto-renewal before the next renewal date. You can stop the automatic renewal of your subscription at any time by logging into your account and navigating to the membership page. WAT reserves the right to change the price and/or to modify the features and content provided by a game subscription at any time in its sole and absolute discretion. We will provide at least ten (10) days’ notice to you before changing subscription pricing. Subscriptions are nonrefundable.
You hereby agree not to assert and/or bring any cause of action, claim and/or suit against WAT, our affiliates, and/or our licensors and suppliers arising out of and/or related to (a) any claim that you own any Virtual Currency, digital downloads, or Virtual Items, (b) any claim for the "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items, (c) any claim for the loss of any "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items arising out of and/or related to any acts or omissions of WAT, our affiliates, our service providers, and/or our licensors and suppliers which is/are permitted under the WAT Terms of Service and/or any other WAT policy, and/or (d) any claim that the "value" of any Virtual Currency, game cards, digital downloads, or Virtual Items has diminished in value as a result of any modification that WAT, our affiliates, our service providers, and/or our licensors made to the WAT Game or WAT Game related services.
6. SALES POLICY
You must be at least 18 years old to make a purchase. If you are a minor, you must have your parent or guardian submit the payment information and authorize the transaction on your behalf. By submitting your payment information and making a purchase, you agree to pay all applicable transaction costs including sales taxes, credit card fees, mobile carrier fees, etc. WAT accepts many methods of payment, including credit cards, game cards, PayPal, SMS, etc. WAT reserves the right to add or remove any method of payment at any time in its sole and absolute discretion.
WAT does not ensure continuous or error-free access or availability of the WAT Game. Faeuy is constantly changing the WAT Game and may, in its sole and absolute discretion, add, modify, disable, suspend and/or remove the WAT Game, any portion thereof, including, without limitation, any computer code, games, characters, character names, storylines, titles, dialogue, catch phrases, digital downloads, Virtual Items, Virtual Currency, themes, objects, environments, artwork, maps, locations, likenesses, poses, models, textures, costumes, logos, emblems, powers, badges, achievements, sounds, voiceovers, musical compositions, concepts, artwork, animations, special effects, methods of operation, documentation, in-game chat transcripts, character profile information, video files, game engines, launch pads, and client and server side software, data, information, materials and other assets contained therein (collectively, the WAT Game Assets”). Under no circumstance will WAT be liable for any claim that relates to or arises out of any such change that it makes to the WAT Game Assets. WAT may suspend, discontinue and/or terminate the WAT Game and/or WAT Asset at any time in its sole and absolute discretion. If and when WAT ends the WAT Game, the Virtual Items that you have acquired in the WAT Game will no longer be available. No refunds will be made for purchases of Subscriptions, digital downloads, Virtual Currency, and/or Virtual Items.
In the event that you have purchased any packaged (i.e., physical) goods from WAT, you may return such packaged goods to us for any reason within thirty (30) days of shipment for a full refund, less shipping and handling charges. Prior to returning any such packaged goods, please send an e-mail to firstname.lastname@example.org to request a return authorization. Unless you have requested an exchange, you can expect a refund in the same form of payment originally used for purchase. All undeliverable or refused orders will be treated as a return, with the same policy applied as returned items.
If you wish to purchase any Subscriptions, Virtual Items, digital downloads, or Fame Game-related services (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. You agree to pay all fees, payments and applicable taxes relating to the Game incurred by you or anyone else using your account. By submitting such information, you grant WAT the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
7. RULES OF CONDUCT
While playing or otherwise using the WAT Game, you agree to comply with all applicable laws, rules and regulations, and to respect the rights and dignity of others. Further, your access to and use of the WAT Game is conditioned on your complete and continued compliance with the following rules of conduct. The violation of any of these Rules of Conduct may lead to the suspension and/or termination of your account.
7.1. While playing or otherwise using the WAT Game, you agree not to:
- Violate the game-specific rules of conduct posted in the WAT Knowledge Base and/or on the game forums
- Post, link to, or transmit anything that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, hateful, or racially or ethnically offensive.
- Impersonate or misrepresent your affiliation with WAT, our affiliates, our service providers, our licensors and/or any other person, company and/or group.
- Post, link to, or transmit anything that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights of another person or company.
- Delete any author attributions, legal notices or proprietary designations or labels that you upload to or through a WAT communication feature;
- Post, link to, or transmit anything that contains a virus, corrupted data, trojan horse, bot, keystroke logger, worm, time bomb, cancelbot or other computer programming routines that are intended to and/or actually damage, detrimentally interfere with, surreptitiously intercept or mine, scrape or expropriate any system, data or personal information.
- Do anything that might interfere with or adversely affect the WAT Game.
- Attempt to disable or circumvent any measures that we use to prevent or restrict access to our accounts, servers, databases, data, computers, and networks.
- Modify any part of the WAT Game, including, without limitation, any WAT Game client and/or server.
- Arrange for the exchange and/or transfer of any pirated or illegal software and/or other intellectual property while using the WAT Game.
- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers from which the WAT Game is operated.
- Exploit any bug in the WAT Game and to refrain from communicating the existence of any such exploitable bug (bugs that grant the end user unnatural or unintended benefits to the user), directly, indirectly and/or through public posting, to any other end user of such WAT Game. Additionally, you agree to promptly report any such bugs to WAT.
- Attempt to play the WAT Game on any server that is not controlled or authorized by WAT or its designees.
- Create, use or provide any server emulator or other site where the WAT Game may be played, and to refrain from posting or distributing any utilities, emulators or other software tools related to the WAT Game without the express written permission of WAT.
- Post, link to, or transmit any kind of unsolicited advertising , promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
- Disclose your or any other person's personal information.
- Interfere with, degrade, harm or disrupt the operation of the WAT Game, or the servers or networks used to make such websites and games available, or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the WAT Game (including, without limitation, by hacking, cracking or defacing any portion of such websites or games).
- Reproduce, copy, modify, adapt, translate, sell, resell, make available, link to or exploit for any commercial purposes, any portion of, use of, or access to, the WAT Game, or any portion thereof, including, without limitation, any WAT Game Assets.
- Use the WAT Game in connection with any commercial activity, including without limitation any “e-sports” or group competition, without WAT’s prior written consent.
WAT provides many ways for you to communicate with your gaming friends, which may include online forums, in-game text, in-game voice chat, email and messenger-type functionality. All communications that you post or send through the WAT Game (“Communications”) must comply with our Rules of Conduct (see Section 7 above). If you believe another end user has violated the Rules of Conduct, please contact a WAT customer service representative.
All of your Communications in-game and on the WAT Website will pass through and be stored on our servers. You should therefore consider all Communications to be public with no expectation of privacy or confidentiality. WAT reserves the right, but undertakes no obligation, to monitor, filter, modify, block and/or remove content that does not comply with these WAT Terms of Service. Please keep in mind, however, that we cannot control or monitor every Communication between and/or among our end users. You therefore may be exposed to messages or other content created or conveyed by other end users that you find objectionable. You are also responsible for anything you say, print, or otherwise communicate to others through the WAT Game. WAT, as an online service provider, is not responsible for the content (including, without limitation, the accuracy, integrity and/or quality) of your Communications and is not liable for any harm that you or others may cause by communicating through the WAT Game.
By posting, transmitting or otherwise submitting any Communication or other message, photograph, artwork, video asset, audio asset, audiovisual asset, or other content, information and/or materials (each, a “Submission”) through the WAT Game, you hereby grant WAT a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of WAT) any and all Submissions, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by WAT of the Submissions violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this Section 9, and that such Submission, and your provision thereof to and through the WAT Game complies with all applicable laws, rules and regulations. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory as well as any and all other claims that any use of the Submissions by or on behalf of WAT violates any of your other rights, including but not limited to, privacy, publicity, proprietary, intellectual property and/or other rights. For purposes of clarity, you retain all other intellectual property rights that you may have in your Submissions, subject to the license and rights granted in this Section 9.
Maintaining the integrity of the WAT Game is extremely important to us. When an end user obtains an unfair advantage by cheating it can ruin the gaming experience for everybody else. You may not disassemble, reverse engineer, or modify the WAT Game software in any way. You may not decrypt or modify any data transmitted between the game software and WAT’s game servers. You may not develop, share, or use any software, program, macro, or interface that modifies the game play in any way or that gives a user any kind of advantage over other end users, except as expressly authorized by WAT. All forms and methods of cheating, including hacks, bots, aimbots, and duping are expressly forbidden. The sale or exchange of accounts, Virtual Items, Virtual Currency and/or in-game currency for real world money or monetary value is prohibited, except when purchased from WAT or otherwise expressly permitted by WAT in its sole and absolute discretion. WAT reserves the right to suspend or permanently terminate the account of, and restrict access to the WAT Game by, any end user that engages in any form of cheating, or that attempts in any way to disable, circumvent, or tamper with any anti-hacking or anti-cheating components or features of the WAT Game.
11. COLLECTION AND USE OF INFORMATION ABOUT YOUR COMPUTER
We may collect certain information about your computer, such as the IP address, type of video card, size of hard drive, etc., and monitor the software and data on your computer, as reasonably necessary to assist us in optimizing the performance of our games and websites. We may also monitor the processes on your computer as reasonably necessary to detect unauthorized modifications to our game software and/or the use of software that enables or facilitates any kind of cheating.
12. PROPRIETARY RIGHTS AND LICENSE
WAT and its licensors own all right, title and interest in and to the WAT Game. WAT and its licensors are the sole and exclusive owner of all intellectual property rights, including, without limitation, all copyrights, trademarks, patent rights, trade secret rights, know-how, and other rights (“Intellectual Property”) in the WAT Game. The WAT Game is subject to copyright and trademark protections, as detailed in our Legal and Copyright Notices, available at https://wat.com/legal
All trademarks and service marks in the WAT Game not owned by us are the property of their respective owners. Except as expressly set forth in these WAT Terms of Service, you may not use our trade names, trademarks or service marks. Additionally, you shall not, under any circumstances, use our trade names, trademarks or service marks in connection with any product or service that is not our product or service, or in any manner that is likely to cause confusion.
The WAT Game is licensed, not sold, to end users. Subject to your acceptance of and continued compliance with all the terms and conditions of the WAT Terms of Service and WAT End User License Agreement, during the period of time that you have an account for the WAT Game or for a shorter period of time (as determined by WAT), WAT grants you a limited, personal, non-transferable, non-sublicenseable, revocable, non-exclusive right to load the client-side software of such WAT Game solely in the format made available to you by WAT onto your personal computer, console, or other permitted device; provided that your installation of, access to and play of the WAT Game is solely for your personal, non-commercial use and in accordance with each of the restrictions and limitations set forth in the WAT Terms of Service and WAT End User License Agreement. The client-side software may not be reproduced, transferred, distributed, sold, disassembled, reverse engineered, modified, used as a stand-alone game (without connecting to WAT’s game servers), or used in connection with non-WAT game servers. If you fail to comply with any of the terms or conditions set forth in the WAT Terms of Service and/or the WAT End User License Agreement, the WAT Terms of Service and WAT End User License Agreement (including, without limitation, the grant of permission to play the WAT Game will automatically terminate, whereupon you will immediately (y) cease using the WAT Game; and (z) remove (i.e., uninstall and delete) the WAT software from your computer system.
13. RESTRICTIONS ON USE
14. USER GENERATED CONTENT
WAT encourages end users to increase their engagement with the WAT Game and share their gaming experiences by creating game-related videos, fan fiction and artwork, Fan Sites (as hereinafter defined) and Apps (as hereinafter defined) for others to view, use and enjoy (collectively, “User Generated Content” or “UGC”). Your creation and use of UGC must comply with the following guidelines. For purposes of clarity, UGC does not include any virtual items that you create for use within the WAT Game.
14.1. Videos. WAT encourages end users to create videos for the WAT Game and share them with others through Fan Sites and video sharing sites like Twitch and YouTube. Videos can include WAT game content such as screenshots and game play footage, and can be edited anyway you like as long as you comply with the WAT Terms of Service. Videos that contain our game content only may be used for non-commercial purposes and may not be licensed or sold. Subject to your compliance with the WAT Terms of Service, you may monetize your videos through “partner programs” on sites like Twitch and YouTube.
14.2. Fan Fiction and Artwork. We enjoy the creativity of our end users and encourage them to create fan fiction and artwork such as short stories and drawings that are based on and/or inspired by WAT Game Assets like NPCs, deities, monsters, characters, cities, dungeons, etc. Fan fiction and artwork that contains or is based on WAT Game Assets only may be used for non-commercial purposes and may not be licensed or sold. We encourage end users to share fan fiction and artwork through Fan Sites, social media, and game forums.
14.3. Fan Sites and Apps. End users may create websites (“Fan Sites”) and mobile apps (“Apps”) to communicate with each other and share fan fiction, artwork, videos and information about the WAT Game. WAT may provide WAT Game Assets for end users to use in creating Fan Sites and Apps. Subject to your compliance with the WAT Terms of Service, you may (a) monetize your Fan Sites and Apps by displaying banners and other forms of advertising, (b) charge for premium functionality and content on your Fan Site(s), and (c) charge others to download your App(s). Fansites that quote an article or message from a WAT Website must limit the quote to a paragraph or less and provide a link back to the full article or message. Permission to link from the Fansite to the associated WAT Website is granted in such circumstances.
14.4. License Grant and Restrictions. Subject to your acceptance of and continued compliance with all the terms and conditions of the WAT Terms of Service and WAT End User License Agreement, during the period of time that you have an account for the WAT Game or for a shorter period of time (as determined by WAT), WAT grants you a limited, personal, non-transferable, non-sublicenseable, revocable, non-exclusive right to use WAT Game Assets to create and distribute UGC as described in this Section 14. WAT expressly reserves all other rights in and to the WAT Game, including, without limitation, all Intellectual Property therein. WAT shall remain the sole and exclusive owner of the WAT Game, including, without limitation, all Intellectual Property therein, and your right to create, use and distribute UGC is subject to WAT’s ownership rights and the WAT Terms of Service and WAT End User License Agreement. Nothing in the WAT Terms of Service and/or WAT End User License Agreement shall be construed as allowing you to use, sell, distribute, license or otherwise exploit any WAT Asset or Intellectual Property therein for any other purpose or in any other manner other than as expressly provided in this Section 14. Your use of any WAT Game Asset(s) in UGC is subject to the usage guidelines that WAT may provide for those WAT Game Assets from time to time. You hereby agree not to (a) remove any trademark, copyright or other proprietary rights notices contained in any WAT Asset, (b) challenge WAT’s or its licensors’ ownership of the WAT Game Assets and/or the Intellectual property therein, (c) use WAT’s name, trademarks, and/or the name of the WAT Game in any Fan Site name, domain name or App name, and (d) use or adopt any names and/or trademarks that might be confusingly similar to the trademarks of WAT and/or its licensors. UGC must not include any material that is illegal or infringes on the rights of third parties or that is likely to harm the reputation of WAT, our affiliates, our service providers and licensors as well as the WAT Game. Your use and distribution of UGC must not suggest or imply any sponsorship by, affiliation with and/or endorsement by WAT and/or any of its affiliates. The creation and sale of merchandise based in whole or in part on the WAT Game is expressly prohibited without WAT’s prior written permission. WAT reserves the right to require the removal, destruction and/or deletion of any UGC that does not comply with the WAT Terms of Service and/or WAT End User License Agreement.
WAT reserves all right, title and interest in and to the WAT Game Assets that are not expressly granted in this Section 14. You shall not rent, lease, reproduce, modify, translate or create derivative works of any WAT Game Asset(s) except as expressly permitted herein, nor create any derivative works (including, without limitation, fiction or visual art) from, or in any way exploit, any of the characters or content contained in the WAT Game without the express written permission of WAT. WAT does not consent to the protection under the copyright law of any unauthorized derivative work. The creation and sale of merchandise based on the WAT Game is expressly prohibited.
15. END USER FEEDBACK
We may ask end users for ideas, suggestions, input, recommendations, information, comments and/or feedback (collectively, “End User Feedback”) to help improve the WAT Game. We may also ask for End User Feedback during the “beta” phase of the WAT Game to identify and fix bugs and other problems. You also may voluntarily provide End User Feedback to us through forums, email, social media sites and/or other means. By providing End User Feedback to WAT, whether solicited by WAT or not, you hereby grant WAT a worldwide, non-exclusive, transferable, sublicenseable (through multiple tiers), royalty-free, fully-paid up, perpetual, irrevocable right and license to use, reproduce, distribute, display and perform (whether publicly or otherwise), adapt (including, without limitation, the rights to edit, modify, translate, and reformat), create derivative works of, transmit, make, have made, sell, offer to sell, import and otherwise use and exploit (and have others exercise such rights on behalf of WAT) any and all End User Feedback, for any purpose whatsoever, commercial or otherwise, in any media now known or hereafter developed, without compensation or credit. To the extent permitted by applicable laws, you also give up any claim that any use by WAT of the End User Feedback violates any of your rights, including but not limited to moral rights, privacy rights, rights to publicity, proprietary or other rights, and/or rights to credit for the material or ideas set forth therein.
16. CLAIMS OF COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others and request that our end users do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that materials in the WAT Game infringe your copyrighted work, please send a notice to our copyright agent (identified below) with the following information requesting that such materials be removed or access to it blocked: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works incorporated in the WAT Game are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow WAT to locate the material on the WAT Game; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send WAT a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Such notices and counter-notices should be sent to:
Among other things, WAT reserves the right to terminate the account of any person who, more than twice, posts or transmits content that is removed as the result of a notice under this section.
17. INTERNET ACCESS REQUIRED
You need a computer with Internet access to access and play the WAT Game. Your computer and Internet equipment will need to meet the minimum specifications for the WAT Game. All costs and fees associated with such equipment and related software are your responsibility. Please note that the WAT Game continuously evolve over time, and the minimum specifications for the WAT Game may change. As a result, you may be required to upgrade your computer and/or Internet equipment in order to continue playing the WAT Game.
18. EPILEPSY WARNING
Please note that certain people are susceptible to epileptic seizures or loss of consciousness when exposed to certain flashing lights or light patterns in everyday life. Such people may have a seizure while watching certain monitor images or playing certain video games. This may happen even if the person has no medical history of epilepsy or has never had any epileptic seizures. If you or anyone in your family has ever had symptoms related to epilepsy (seizures or loss of consciousness) when exposed to flashing lights, consult your doctor prior to playing the WAT Game. We advise parents to monitor the use of video games by their children. If you or your child experience any of the following symptoms while playing a video game, immediately discontinue use of the video game and consult your doctor: dizziness, blurred vision, eye or muscle twitches, loss of consciousness, disorientation, any involuntary movement and/or convulsion.
19. LINKS TO OR FROM OTHER SITES
The WAT Game may provide links to or feeds from websites and other online resources. Except as otherwise expressly stated by us in the WAT Game, we are not affiliated or associated with the operators of any third party websites or other resources that link to or are linked from the WAT Game. We expressly disclaim any responsibility for the accuracy, content, or availability of information found on third party websites or resources that link to or are linked from the WAT Game. We cannot ensure your satisfaction with any products or services that are available through any third party website or resource that links to or is linked from the WAT Game because these third party websites and resources are owned and operated by independent entities. We do not endorse any of the products or services, nor have we taken any steps to confirm the accuracy or reliability of any of the information, made available through any third party websites or resources, and we make no representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you may provide or be requested to provide to any third party, whether through such a third party website or resource, or otherwise.
YOU AGREE THAT YOUR USE OF THIRD PARTY WEBSITES AND RESOURCES AND ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, SERVICES, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH WEBSITES AND RESOURCES.
20. CUSTOMER SERVICE
WAT offers email customer support for billing issues and to customers with subscription-based memberships.
To contact support, please email email@example.com
21. DISCLAIMERS, LIMITATIONS OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THE WAT GAME IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ACCESS TO AND USE OF THE FAYT GAME IS AT YOUR SOLE RISK. GAEYT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WAT GAME, INCLUDING ALL STATUTORY AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WAT MAKES NO WARRANTY WITH RESPECT TO THE QUALITY OR AVAILABILITY OF THE WAT GAME, INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO ANY OF THEM WILL BE UNINTERRUPTED, CONTINUOUS, VIRUS-FREE, ERROR FREE, RELIABLE, SECURE AND/OR COMPATIBLE WITH ANY PARTICULAR HARDWARE AND/OR SOFTWARE. WAT HEREBY DISCLAIMS ANY AND ALL OBLIGATIONS TO FURNISH ANY MAINTENANCE AND/OR SUPPORT SERVICES WITH RESPECT TO THE WAT GAME.
IN NO EVENT WILL WAT AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE WAT ENTITIES”), BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RELATED TO THE USE OF OR INABILITY TO USE THE WAT GAME. NONE OF THE WAT ENTITIES ARE RESPONSIBLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED. NONE OF THE WAT ENTITIES ARE RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY, OR ANY INFRINGEMENT BY A THIRD PARTY OF ANOTHER’S INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS. IN ANY ACTION OR PROCEEDING AGAINST ANY WAT ENTITY(IES) ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE WAT GAME, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE, THE DAMAGES TO WHICH YOU MAY BE ENTITLED SHALL BE LIMITED TO $100.00. YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CAUSE OF ACTION YOU MAY HAVE AGAISNT ANY WAT ENTITY(IES) WITH RESPECT TO THE USE OF THE WAT GAME ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF STATUTORY OR IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. CONSEQUENTLY, IN SUCH STATES OR JURISDICTIONS, LIABILITY IS LIMITED TO THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
22. INDEMNIFICATION AND RELEASE
You agree to indemnify and hold harmless THE WAT ENTITIES from and against any and all liability, losses, damages, and expenses including, without limitation, attorneys’ fees and costs, incurred in connection with or in any way relating to any claim arising out of any breach by you of the WAT Terms of Service and/or WAT end user license agreement and/or your use of THE WAT GAME. You also agree to release and discharge THE WAT ENTITIES from any and all existing and future claims you have or may have, known or unknown, relating in any way to your use of or inability to use THE WAT GAME.
IN NO EVENT SHALL YOU HAVE ANY RIGHT TO RECOVER OR OBTAIN ANY RIGHTS IN OR TO THE WAT GAME, OR TO ENJOIN OR OTHERWISE INTERFERE WITH WAT’S DEVELOPMENT, LICENSING, USE, PUBLISHING, MARKETING, SALE, DISTRIBUTION OR EXPLOITATION OF THE WAT GAME, OR ANY RIGHTS ASSIGNED, TRANSFERRED OR RESERVED TO WAT UNDER THE WAT TERMS OF SERVICE.
23. GOVERNING LAW; JURISDICTION
The validity, construction, interpretation and legal effect of this WAT Terms of Service shall be construed in accordance with and governed by the judicial decisions and internal laws of the State of California and the United States of America, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of California and the United States of America. Subject to the below provisions of Section 24, (a) you and WAT agree that any controversy, claim or dispute arising out of or relating to this WAT Terms of Service or any aspect of the relationship between you and WAT (each, a “Dispute”) asserted by you against WAT or by WAT against you shall be exclusively brought in a state or federal court in the Northern District of California, and (b) you and WAT each submit and consent to the personal jurisdiction of, and venue in, the state and federal courts located in the Northern District of California.
24. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
24.1. Introduction. Any Dispute, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, shall be settled through Negotiation (as defined below in this Section 24) or Arbitration (as defined below in this Section 24); provided, however, with respect to Excluded Disputes (as defined below in this Section 24) that you and Fayt are unable to settle through Negotiation, you or WAT may apply to the applicable court in the Northern District of California to bring any such Excluded Disputes in lieu of Arbitration.
If a Dispute arises, you and WAT first shall attempt in good faith to resolve it promptly by Negotiation as set forth below in this Section 24, and neither you nor WAT may commence Arbitration with respect to any Dispute unless you and WAT first have unsuccessfully pursued Negotiation as provided in this Section 24 (i.e., the parties are unable to resolve the Dispute in writing within the below thirty (30) day period or if either party refuses to comply with the provisions of any written Negotiation settlement). All communications, whether oral, written or electronic, in any Negotiation or Arbitration (including, without limitation, any written Negotiation settlement or Arbitration award) pursuant to this Section 24 shall be treated as confidential, except as may be necessary to prepare for or conduct the Arbitration hearing on the merits, or except as may be necessary in connection with a court application in accordance with the above provisions of Section 24, or except to the extent otherwise required by applicable law. Notwithstanding the above provisions set forth in Section 23, (i) the Federal Arbitration Act applies to and governs the enforceability of this Section 24, and (ii) all communications, whether oral, written or electronic, in Negotiations shall also be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence.
24.2. Negotiation. At any time after a Dispute arises, either you or WAT may initiate negotiation by providing written notice (the “Dispute Notice”) to the other party as follows (“Negotiation”): (a) you shall email Dispute Notices to WAT to firstname.lastname@example.org and (b) WAT shall email Dispute Notices to you to the email address that WAT has on file for you. The Dispute Notice shall describe the nature and basis of the Dispute and sets forth the relief sought. You and a WAT representative shall speak by phone and/or communicate via email at a mutually acceptable time and thereafter as often as reasonable necessary, to attempt to resolve the Dispute. No party shall be obligated to continue to participate in Negotiation if the parties have not resolved the Dispute in writing within thirty (30) days after the non-complaining party’s receipt of the Dispute Notice.
24.3. Arbitration. If you and WAT are unable to resolve any Dispute through Negotiation or if either you or WAT refuses to comply with the provisions of any written Negotiation settlement, then, except for any Excluded Disputes (as hereinafter defined), SUCH DISPUTES WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR (“Arbitration”) INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AND WAT AGREE THAT YOU AND WAT ARE WAIVING THE RIGHT TO TRIAL BY A JURY. As used in this WAT Terms of Service, “Excluded Dispute” collectively means: (a) any Dispute relating to the infringement, misappropriation and/or other misuse of intellectual property rights other than patent rights (including, without limitation, claims seeking injunctive relief); (b) any Dispute relating to the violation, misappropriation and/or other misuse of confidential information (including, without limitation, claims seeking injunctive relief); (c) any Dispute relating to the enforcement of an Arbitration award; and/or (d) any Dispute that qualifies for small claims court.
An Arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court, and provides more limited discovery. It follows different rules than court proceedings, and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party.
The Arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this WAT Terms of Service. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/faces/rules/searchrules/rulesdetail?_afrWindowId=pay9lxinm_1&_afrLoop=691540015434269&doc=ADRSTAGE2021424&_afrWindowMode=0&_adf.ctrl-state=hf27f5iaa_4#%40%3F_afrWindowId%3Dpay9lxinm_1%26_afrLoop%3D691540015434269%26doc%3DADRSTAGE2021424%26_afrWindowMode%3D0%26_adf.ctrl-state%3Dpay9lxinm_79 . Additionally, the arbitrator shall follow applicable state and federal law.
If you seek $10,000 or less in any Arbitration initiated by you, WAT agrees to reimburse your filing fee and your share of the arbitration costs, including your share of arbitrator compensation, at the conclusion of the proceeding, unless the arbitrator determines your claims are frivolous or costs are unreasonable as determined by the arbitrator. If you seek more than $10,000 in any Arbitration initiated by you, the Arbitration costs, including arbitrator compensation, will be split between you and WAT according to the AAA Commercial Arbitration Rules and the AAA’s Supplementary Procedures.
YOU AND WAT AGREE THAT ANY ARBITRATION UNDER THIS WAT TERMS OF SERVICE WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU AND WAT ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.
The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or WAT that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination shall be made by the AAA or by the arbitrator. The arbitrator’s decision will follow the terms of this WAT Terms of Service and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this WAT Terms of Service, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this WAT Terms of Service will preclude you or WAT from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you or against you for us, as applicable.
25. GENERAL TERMS
25.1. California Complaint Assistance. Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice. If you have a question or complaint regarding the WAT Game, please feel free to contact us by email at email@example.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
25.2. Termination. Your only remedy with respect to any dissatisfaction with the WAT Game is to terminate your account. You may terminate any WAT Game subscription at any time, however, any subscription time already purchased will remain on your account until the end of your then-current billing cycle and will be nonrefundable. WAT reserves the right to suspend, restrict or terminate your access to or use of the WAT Game, at any time and for any reason, in its sole and absolute discretion. Upon any such termination, your right to use the WAT Games will immediately cease. You agree that any suspension, restriction or termination of your access to or use of the WAT Game may be effected without prior notice and that we may immediately deactivate or delete any username and/or password used by or provided to you, and all access to your game accounts. You agree that we will not be liable to you or any third party for any suspension, restriction or termination of your access to the WAT Game and we will not be required to make any of the WAT Game Assets associated with your account available to you after any such termination, suspension or restriction. All licenses that you grant under the WAT Terms of Services along with the terms and conditions of the following Sections shall survive the expiration or earlier termination of the WAT Terms of Service: Sections 9, 12, 15, 21, 22 and 25.
25.3. Assignment. You may not assign or transfer any of your rights or obligations under the WAT Terms of Service. WAT may assign or transfer any and/or all of its rights and/or obligations under the WAT Terms of Service without restriction.
25.4. Sweepstakes and Contests. WAT may provide end users the opportunity to participate in various sweepstakes and contests. In order to participate, you must meet the eligibility requirements and comply with all of the posted rules. You may be required to provide a tax identification number and to sign an affidavit and release in order to collect a prize. WAT may report the value of the prize to federal and state taxing authorities and you will be responsible for paying any taxes due to such authorities.
25.5. Export Controls. WAT operates from its offices in California in the United States of America. While most of the WAT Game may be accessed online, WAT makes no representation that they will be available or appropriate for use outside of the United States. Our software is subject to United States export controls. None of our software may be downloaded, accessed, or exported into (or to a national or resident of) Cuba, North Korea, Iran, Syria, Sudan, or any other country to which the U.S. has embargoed goods, or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By accessing or using our software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
25.6. Distribution Partners. In some countries, the WAT Game is offered through local partners in those countries. The WAT Game may also be accessed through third party digital distributors, like Valve. These third parties may require you to create an account with them and agree to their terms of service. You will still be responsible for complying with the WAT Terms of Service to the extent that you use the WAT Game.
25.7. Severability. Each provision of the WAT Terms of Service shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of the WAT Terms of Service is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of these Terms of Service.
25.8. Waiver. Any failure of WAT to enforce or exercise any right or power under the WAT Terms of Service shall not be construed as a waiver of, or a bar to, the exercise of such right or power on any other occasion.
25.9. Filtering. Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that WAT does not endorse any of the products or services listed at these sites.
25.10. Miscellaneous. If any provision of the WAT Terms of Service are deemed to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from the WAT Terms of Service and will not affect the validity and enforceability of any remaining provisions. The WAT Terms of Service does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The WAT Terms of Service, together with all agreements and statements referred to herein and incorporated herein by reference, is the entire agreement between you and us relating to the subject matter hereof and, except as otherwise provided herein, supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made by posting a notice (or a link to a notice) through the WAT Game, by email, or by regular mail, at our sole and absolute discretion. Without limitation, you agree that a printed version of the WAT Terms of Service and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the WAT Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Nothing in the WAT Terms of Service, express or implied, is intended to or will confer on any person (other than the parties and their respective successors or permitted assigns) any rights, remedies, obligations or liabilities.