Terms of use – Witchkraft Studios

PLEASE READ THESE TERMS OF USE CAREFULLY.

Witchkraft Studios teams create authentic and memorable experiences for our players to have fun, share and blossom through games, applications, web sites and online services (what we call our « Services »). To let you enjoy our Services, we crafted rules that apply to everything and everyone in our communities: you, other players and ourselves. You agree to this “Terms of Use” by using the Services and Content defined below.

1 What are the Witchkraft Studios Services and Content?

1.1 The Witchkraft Studios Services (“Services”) include the games, downloadable contents, and other game software (contained on disc or other physical medium or downloaded or streamed), and other software products and online and mobile services, including their online functions and other features, together with any of their update and upgrade, the related websites, the Witchkraft Studios platform and any other Witchkraft Studios’ subsidiary platform, the live events hosted, the servers, software and the framework through which they are provided to you, currently or in the future, by WITCHKRAFT STUDIOS ENTERTAINMENT IN, or any one of its subsidiaries or affiliated companies, (collectively “Witchkraft Studios” or “we”).

1.2 These terms of use (the “Terms”) govern your access to and use of such Services (“user” or “you”). By using the Services and Content (defined below), you accept and agree to comply with these Terms and any particular age and territorial criteria. Additional terms may be applicable to a specific Service, including for example the Terms of Sale of the Witchkraft Studios Store, the End User License Agreement and code(s) of conduct (“Code of Conduct”). In addition, our Privacy Policy will give you a clear understanding of our use of the personal data we may collect from you during your use of the Services. Please make sure to read all these documents before accessing a Service.

« Content » means any elements which are part of the Services, including but not limited to in-game items, customization elements, maps, avatars, all gameplay, graphics, music and sounds, text, all messages or items of information, names, themes, objects, scenery, costumes, effects, dialogues, slogans, places, characters, diagrams, concepts, choreographies, videos, audio-visual effects, domain names. This includes elements created by you and other users.

1.3 The Services and Content are licensed to you, not sold. This means we grant you a personal, limited, non-transferable and revocable right and license to use the Services and access the Content, for your entertainment, non-commercial use, subject to your compliance with these Terms.

2 What about access to our Services by minors?

2.1 If you are a minor in your country of residence, you should read these Terms with the help of your parent or guardian.

2.2 If you are a parent or guardian, we recommend that you monitor your children’s gaming activities, in particular online and that you familiarize yourself with the parental controls that may be made available by us and/or our partners.

2.3 We may restrict access to certain Services on age grounds, and for minors under a certain age, we may allow you to register for certain Services only with consent from your parent or guardian.

2.4 As far as is permitted by law, we accept no responsibility regarding any activities which may be conducted by minors without the permission of their parents or legal guardians. In all cases, all use of the Services by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to register for the Services, you thereby agree to the Terms relating to use of the Services by your child.

3 What Intellectual Property Rights are attached to our Services & Content?

3.1 The Services and Content are protected by national and international laws and treaties. Except as expressly set out in these Terms, we, and our licensees and licensors, reserve our respective Intellectual Property Rights (defined below) in the Services and the Content. Any reproduction or representation of these elements in any way and for any reason is prohibited without our prior permission.

“Intellectual Property Rights” are patents, rights to inventions, copyright and related rights, trademarks, trade names, neighbouring rights, right of publicity, commercial secrets, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered, and including all applications for, and renewals or extensions of, such rights, and all similar or equivalent rights or forms of protection in any part of the world.

3.2 You may submit reviews, comments, suggestions, proposals, materials or other feedback (“Submissions”) on or outside the Services. We appreciate your enthusiasm but you acknowledge that we have no obligation concerning unsolicited Submissions, including but not limited to, no obligation to accept, consider, review or return any materials or acknowledge receipt of any Submissions. You agree that products, services or features developed or published by us might appear to be similar or identical to such unsolicited Submissions.

4 What are the conditions applicable to the Content you may create / upload on our Services?

In certain Services, you may create, upload, edit, modify, adapt, publish and/or submit names, images, designs, skins, photos, videos, maps, music compositions/sheets, streams, activities and other materials (“User Generated Content” or “UGC”). You warrant that your UGC will comply with these Terms at all times, during and after its creation, and with any additional terms that may be applicable. This section will continue to apply after any termination of your Account and/or termination or suspension of a Service.

4.1 UGC that you produce from pre-existing Witchkraft Studios Content (“Derived UGC”).

a) We are the sole owner of all Intellectual Property Rights relating to Derived UGC.

b) You hereby irrevocably assign to us, with full title guarantee, free of charge, all Intellectual Property Rights and rights of use you may have over Derived UGC, on a worldwide basis and for the period of protection of each right.

c) We may file or register any application for Intellectual Property Rights relating to Derived UGC in our name, in all countries in the world.

In this respect, you must:

sign and supply any document in particular, deed of transfer, requested by us for all registration purposes ; and
provide all necessary assistance to us, at our expense, in any related action or procedure.

d) In the event that a competent court rules that some or all of your rights in Derived UGC cannot be validly transferred to us, you hereby grant us a perpetual, royalty-free, exclusive, irrevocable, transferable, sublicensable to other users, worldwide licence to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit, online and offline, Derived UGC for any purpose, without you necessarily being mentioned as the source of such Derived UGC.

e) You cannot use the Derived UGC other than under the Terms. We hereby grant you a non-exclusive and non-transferable personal licence, revocable at all times, to use Derived UGC you have produced throughout the world and for the duration of your use of the Services, solely in order to:

record it on your console, computer, mobile terminal or any medium you use to access the Services,
load it on the Services, and,
share it with other users on the Services.

4.2 UGC featuring your image. If your UGC reproduces your image, you acknowledge that we have a right to use your image as part of the Services throughout the world and for the whole duration of the Services. If your UGC features the image of any person other than yourself, you warrant that you have received the permission of such person for the use of his/her image by us, and you indemnify us for any losses which we may incur in the event of a complaint, action or claim by such other person concerning the use by us of his/her image, derived from your UGC.

4.3 UGC you create independently from pre-existing Witchkraft Studios Content (“Independent UGC”). You hereby grant us, and our licensees, distributors, partners, agents, representatives a perpetual, royalty-free, non-exclusive, irrevocable, transferable (in whole or part) worldwide licence to use, copy, host, reproduce, represent, modify, display, distribute, publicly perform, publicly display and, in general, otherwise exploit, online and offline, Independent UGC (including all Intellectual Property Rights therein) in whole or in part, for any purpose.

4.4 In all cases for both Derived UGC and Independent UGC.

a) Unless otherwise specifically authorized by us, the ability to create UGC is part of the Service we offer and does not entitle you to any payment or any other kind of monetization/benefits, including when the UGC is made available to other users;

b) You warrant to us that your UGC:

does not infringe the Intellectual Property Rights or other rights of any third party,
does not constitute an act of unfair competition; and
does not require that we obtain further licenses from or pay royalties or compensation to or provide any attribution to any third parties;

c) You warrant that you are personally responsible for the UGC you create, use and/or publish while using the Services.

d) Unless and until we remove your UGC, it may be associated with your username and will be made available to users; and

e) To the extent permissible under applicable law, you waive your moral rights in all your UGC and any broadly equivalent rights you may have in any territory of the world, and you vouch for the obtaining of the same agreement from any other person who might invoke moral rights over your UGC.

5 Do we monitor our Services?

We are not responsible for and do not endorse the opinions, advice and/or recommendations displayed or sent by users on the Services, including in any public Forum. Such communications are the sole responsibility of the concerned users.

Subject to the applicable legal requirements, we do not undertake to monitor the Content, UGC, messages and other information made available on the Services by users. We may, though are not required to, oversee, monitor or moderate our Services, particularly on website home pages and Forums. In any event, we do not warrant the validity, originality, accuracy or usefulness of any Content, message and/or UGC.

6 Can you access our Services via third parties and third party content via our Services?

YES. You may access certain Services via the services/platforms offered by third parties (i.e. console manufacturers, streaming services, etc.). The terms of these third parties will govern your behavior when you access the Services through their services/platforms and, in the event of a conflict with these Terms, the terms applicable to the services/platforms offered by these third parties take precedence.

We may also display certain third party products, services and/or content by inserting, in our Services, promotional links, advertising banners or any other advertising and promotional element, and may also carry out cross-marketing operations with any partner of our choice.

In both cases, we may not be held responsible for such third party services, products and/or content.

7 In case of dispute, what conditions apply to liability, indemnity and compensation?

7.1 Limitation & Exclusion of Liability.

a) You expressly acknowledge that your use of the Services and Content is at your own risk.

b) The Services are supplied “as is”, without any guarantees, conditions, warranties or other terms as to:

their suitability for a particular use;
their market value;
the absence of interruptions or errors, bugs, viruses or harmful elements, or that errors, bugs, viruses or harmful elements will be corrected; and/or
your satisfaction.

c) We hereby expressly exclude:

all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
any liability for loss or damage suffered in connection with your use of the Services or any related third party service.

This includes all losses of any kind (direct, accidental, incidental, consequential and/or indirect), whether in tort (including for negligence or breach of statutory duty), contract and/or misrepresentation (whether innocent or negligent).

Nothing above prevents claims for damage to your tangible property.

d) Your sole remedy in the event of a dispute with us is to:

if applicable, seek damages for your losses; and
cease to use the Services and terminate your Account.

e) When we acknowledge that a Content you purchased is unusable due to our fault, our liability will be limited to providing you with a Content of an equivalent value, chosen by us.

f) Nothing above affects our liability for death or personal injury arising from our negligence, nor our liability for fraud or fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

7.2 Indemnity & Compensation.

a) You agree to defend, indemnify and keep us and our licensors, licensees, assignees and successors in title and their respective employees, officers or directors, our respective subcontractors and Content suppliers (collectively the “Affiliates”) indemnified from and against any claim or alleged claim, all liabilities and damages and all costs, including lawyers’ fees, following and/or resulting from a violation of these Terms for which you are responsible, or related to your behaviour on the Services, including relating to your UGC.

b) Without limiting the generality of the foregoing, you agree to defend, indemnify and keep indemnified us and our Affiliates in the event of inappropriate or illegal use of your Account, including by someone you have authorised to use your Account. You agree to be held personally responsible for your use of the Services and for all your communications and activities on the Services, including the Forums.

c) We reserve the right to take sole conduct, at our own expense, of any claim which you have indemnified us of or which may give rise to compensation by you. You agree in such case to fully collaborate with us upon request in defense of our interests.

7.3 The provisions of this Article remain valid and in force after termination of these Terms or of Your Account.

8 Is there other information you need to know?

YES. See below the other general information governing these Terms.

8.1 Modification of the Terms. We may revise these Terms at any time for security, legal, best practice and/or regulatory reasons. We will not use this right to make substantial changes to the Terms, affecting your rights, without giving you a chance to agree. If you do not agree to the changes made to these Terms, you shall terminate your Account. You should check for revisions to the Terms regularly as they are binding on you. Any use of the Services subsequent to revised Terms coming into force implies acceptance of the revised Terms.

8.2 Severance. If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected. If any invalid, unenforceable or illegal provision of these Terms would be valid, enforceable and legal if some part of it was deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable to reflect our initial intentions.

8.3 No Waiver. Waiver of a right or remedy may be considered to have taken place only after the signing by us and you of a written statement to this effect. No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

8.4 Entire Agreement.

a) In entering into these Terms, neither party has relied upon and does not rely on any statement, representation, assurance or warranty (“Representation”) of any person other than as expressly set out in these Terms.

b) Each party agrees that the only rights and remedies available to it arising out of or in connection with a Representation shall be for breach of contract.

c) These Terms and all rules or instructions published online concerning a Service contain the entire agreement between us and you with respect to the subject matter hereof and supersede and cancel any and all prior or contemporaneous oral or written understandings, negotiations and agreements.

d) Nothing in this Article shall limit or exclude any liability for fraud or fraudulent misrepresentation.

8.5 Dispute Resolution.

Alternative Dispute Resolution. In the event of disputes or claims in connection with these Terms, kindly wirte to us at “support[at]witchkraftstudios[dot]com” and we’ll see a resolution to it.

Law and Jurisdiction. These Terms, your Account and any disputes or claims arising in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Republic of India. You irrevocably agree that the high court of Jammu have exclusive jurisdiction to settle any such dispute or claim.

8.6 Force majeure. We shall have no liability under these Terms if we are prevented from, or delayed in, performing our obligations or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, failure of a telecommunications network, act of God, war, riot, pandemic, malicious damage, compliance with any law or governmental order, accident, fire, flood or default of sub-contractors.

8.7 Contact / Customer support. You can access these Terms at https://witchkraftstudios.com/terms/. For any question concerning these Terms, any Service or Content, you may contact us at: support@witchkraftstudios.com.

THESE TERMS ARE APPLICABLE ONLY TO THE EXTENT AUTHORISED BY LAW.