TERMS OF SERVICE
Effective Date: June 5, 2018
This Terms of Service is entered into between you and Wizard Games Inc., its
subsidiaries and affiliates, (“Wizard”) and applies to Wizard games and websites on
which it is placed (collectively, the “Service”).
BY CLICKING “I AGREE” OR SIMILAR OR BY USING THE SERVICE YOU
ARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.
1. LICENSE
1.1 License. Wizard grants you a non-exclusive, non-sublicensable, nontransferrable,
revocable, limited license to install and use any Wizard game you
downloaded from an authorized third party. You agree that no title or ownership interest
in the Service is transferred or assigned to you and that the Terms of Service is not a sale
of any right to the Service.
1.2 Streaming and Social Media License. Wizard grants you a non-sublicensable,
non-transferrable, revocable, limited license to publicly display Wizard games on online
video streaming websites, such as youtube.com and twitch.com, and social media, such
as tweeting a GIF (“Social Content”). Wizard may terminate or modify the scope of this
streaming and social media license granted to you at any time without notice or
compensation and will not be liable to you or any third party for any loss incurred
relating thereto.
1.3 User Content License. User content includes any information that you submit,
transmit or upload while using the Service and Social Content (“User Content”). By
providing User Content you represent and warrant that you have all consents, licenses
and rights necessary to provide and license the User Content and you grant Wizard an
exclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royaltyfree,
perpetual, sub-licensable, transferrable, worldwide license to User Content under all
copyright, trademark, trade secret, patent, privacy and publicity rights and any other
intellectual or industrial property rights you own or control to use, broadcast, disclose,
display, distribute, modify, make derivative works of, publicly perform, publish, record,
reproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all
purposes and in all formats and mediums and with any technology now known or
hereafter developed and for all purposes without attribution, notice, permission or
payment to you or a third party. Wizard reserves the right to review, edit, delete or block
access to User Content without notice.
1.4 In return for some of the premium features of Wizard Games products, you may choose to be a peer on the Bright Data network. By doing so you agree to have read and accepted the Terms of Service of the Bright SDK EULA: https://brightdata.com/legal/sdk-eula and Bright Data’s Privacy Policy https://brightdata.com/legal/sdk-privacy. You may opt out of the Bright Data network by clicking the ‘Web Indexing’ toggle in the settings menu.
2. USE OF THE SERVICE
2.1 Account. Use of the Service may require you to register a user account with
Wizard directly or with a third party, such as Google or Apple (each, an “Account”).
Wizard strongly recommends that you keeping your login information confidential. You
agree to be bound by any use of your Account, including charges and purchases, whether
or not authorized. You represent and warrant that you are permitted to use the method of
payment associated with your Account and agree to pay for charges and fees incurred by
your Account, which are not refundable.
2.2 Membership
Wizard may offer you a VIP Service membership, granting you access to certain Service
features (for example, new characters), which may not be available to non-members
(“Membership”). The first three days of your Membership are free the first time
you subscribe. Thereafter, Wizard shall automatically charge you a weekly
Membership fee. Current Membership fees and additional terms are detailed at
www.wizardgames.ca/membership and are subject to change, on one or more
occasions, upon renewal of your Membership. Membership fees exclude applicable
taxes, duties and charges and are non-refundable. Membership fees are billed and
charged automatically by Wizard and/or third parties authorized on its behalf on a
weekly basis to the credit card (or any replacement card) you provided to Wizard
until the date your Membership is terminated by your submission of a cancellation
request to Wizard through the Service or termination of your access to the Service.
2.3 Personal Data. Accessing the Service may require you to provide Wizard with
personal data, which is collected, used and disclosed in accordance with Wizard’s
Privacy Policy. You agree to provide accurate and complete personal data to Wizard and
to update your information if it changes. The Privacy Policy is available at
www.wizardgames.ca/privacy.
2.4 Access. Access to the Service may require hardware including but not limited to
a computer or mobile device with a current operating system, web browser and an
Internet connection. You agree to provide all hardware and the Internet connection
required to use the Service and to pay all fees incurred by you when accessing the Service
through an Internet connection.
3. LIMITATIONS ON USE OF THE SERVICES
3.1 Limitations. You agree that you will not use the Service in the following
manner:
a. engage in conduct that Wizard determines, in its sole discretion, to constitute
improper use of the Service;
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to
derive Service source code;
c. except for Social Content, reproduce, rearrange, modify, translate, create
derivative works from, display perform, publish or distribute the Service;
d. sell, lease or remove/alter advertising in the Service;
e. cheat or use, develop or distribute automation software (bots), macro software or
other cheat utility software or knowingly exploit a flaw or bug in the Service;
f. break, attempt or otherwise assist with the disruption of any computer used to
support the Service or experience of another user;
g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted
files or data or other similar software or programs that may damage operation of
the Service or the computers of other users;
h. utilize the Service or any part thereof for commercial purposes, except pursuant
to the streaming license set forth in section 1.2;
i. promote or encourage illegal activity including, without limitation, hacking,
cracking, distribution of counterfeit software, cheats or hacks for the Service;
j. use profanity, including short forms for profanities, punctuation marks used in
place of profanities and colloquial versions of profanities;
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is
objectionable or offensive;
l. communicate, link to, post, submit or upload content that contains nudity or other
sexual material, violence or any other objectionable or offensive conduct;
m. abuse, bully, harass or publish false or misleading information about users or
encourage others to do the same;
n. infringe or violate the rights of a third party including but not limited to: (i)
contractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii)
privacy rights; (iv) publicity rights; or (v) confidential information;
o. collect or attempt to obtain user data, whether personal or anonymous;
p. impersonate another person or an employee of Wizard; or
q. advertise products or services,
as determined by Wizard in its sole discretion.
4. TERMINATION
4.1 Suspension and Termination. Wizard may suspend or terminate your access to
the Service at any time for any reason including but not limited to your violation of the
Terms of Service, as determined in its sole discretion. Whether a suspension will be
lifted is at the sole discretion of Wizard. You may terminate your access to the Service at
any time by ceasing to use the Service and deleting any Wizard game you have installed.
Data collected by Wizard may be retained for a period of time after your access to the
Service is terminated, as described further in the Privacy Policy.
4.2 Effect of Suspension or Termination. Upon suspension or termination, you
acknowledge and agree that Wizard shall cease to provide you access to the Service and
may delete data associated with your use of the Service, including purchases you have
made, as further described in section 5. You are not entitled to a refund or other
compensation of any kind as a result of suspension or termination, regardless of whether
effected by you or Wizard, and Wizard is not liable to you or any third party for such
suspension or termination and any related loss.
5. DIGITAL ITEMS, PRIZES
5.1 Digital Items. The Service may include virtual in-game currency and items
(together, “Digital Items”), which may be earned by users or purchased from Wizard for
real world money, where permitted by law. Digital Items available to you and the price
of Digital Items may be altered by Wizard at any time, without notice. Upon acquiring
Digital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable
(except to the extent expressly permitted) right to use such Digital Items only in
conjunction with the Service for which such Digital Items were acquired. Any Digital
Items purchase is final and non-refundable. The determination of Digital Items to credit
or debit to you shall be determined by Wizard in its sole discretion. All Digital Items
remain the property of Wizard.
5.2 Prizes. Wizard may provide users the opportunity to receive random, Digital
Item prizes, which vary in size and value. Due to the randomization of Digital Item
prizes, you may not receive the Digital Item you desire. Wizard reserves the right to
refuse to award and to revoke any prize in its sole discretion.
5.3 Resale. Digital Items may only be sold or traded for other Digital Items, as
expressly permitted through features available within the Service, although Wizard is
under no obligation to fulfill any such sale or trade of Digital Items. Digital Items cannot
be resold online, outside of the Service, in the real world or traded for non-virtual
(tangible) goods or services. You agree that resale or attempted resale of Digital Items in
violation of this section 5.3 will result in Wizard terminating your access to the Service
and voiding all your Digital Items.
5.4 Digital Item Backup. If you purchased Digital Items using real world money,
including Digital Items acquired using in-game currency purchased using real world
money, Wizard may backup purchased Digital Items so they may be restored in the future
should you lose access. No backup is provided for Digital Items purchased or indirectly
acquired without real world money or if Wizard terminates your access to the Service or
ceases to offer the Service. The availability of Digital Item backup varies between
Wizard games.
5.5 Forfeit or Eliminated Digital Items. If Wizard terminates your access to the
Service or ceases to offer the Service, you agree that all Digital Items associated with
your Account and use of the Service are forfeit. Further, Wizard shall, in its sole
discretion, administer Digital Items and, in this capacity, control, modify and/or eliminate
any or all Digital Items without notice, for which you are not entitled to any refund, credit
redemption or any other compensation. You acknowledge and agree that there is no
value to Digital Items or time you spend using the Service, for which you will not be
compensated under any circumstances. Wizard is not responsible for repairing or
replacing any Digital Items lost for any reason whatsoever including, but not limited to,
suspension or termination of the Service, technical issues or as a result of a third party.
6. SOFTWARE UPDATES
On one or more occasions Wizard may patch, update or modify the Service (each, an
“Update”), which may require you to install an Update to continue using the Service.
Updates may modify the Terms of Service, gameplay mechanics or other aspects to the
Service. Failing to install an Update may result in an inability to use the Service, for
which you are not entitled to a refund or compensation of any kind.
7. THIRD PARTY SOFTWARE
The Service may incorporate services provided by third parties, including but not limited
to third party accounts or advertisements. The Terms of Service does not grant you any
license, right, title or other interest in third party services, which may require you to enter
into agreements between you and a third party. It is up to you to review and determine
the acceptability of any third party agreement.
8. WIZARD OWNERSHIP RIGHTS
All right, title and interest in and to the Service, including but not limited to copyrights,
patents, trademarks, trade secrets, trade names, computer code (source and object), titles,
characters, character names, catch phrases, concepts, character inventions, character
likenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound
effects, musical works, look and feel and methods of operation, are owned by Wizard.
Wizard reserves all rights in the Service.
9. NOTICE TO EU USERS
If you are a resident of the EU, you hereby agree that by purchasing Digital Items you
want such Digital Items credited to your Account immediately and, as a result, you are
not entitled to withdraw from or cancel your purchase pursuant to the EU Consumer
Rights Directive (2011/83/EU) and national implementations.
10. DISCLAIMER AND LIMITATION OF LIABILITY
10.1 DISCLAIMER. THE SERVICE IS PROVIDED “AS IS” AND WIZARD
DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR
STATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
THIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT
LIMITING THE FOREGOING, WIZARD MAKES NO REPRESENTATIONS OR
WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR
THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED,
CONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS
OR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST
UNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION
PROVIDED BY WIZARD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
DIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE
ANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR
INFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE,
OPERATION AND QUALITY OF THE SERVICE.
10.2 LIMITATION OF LIABILITY. WIZARD, ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND
ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR
DAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR
THIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO THE
SERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL,
INCIDENTAL OR SPECIAL DAMAGES, EVEN IF WIZARD HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. IF YOU ARE
DISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, SUCH AS
DIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.
10.3 WIZARD’S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME
JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR
WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND,
IF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND
UNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD WIZARD FROM
LIABILITY, YOU AGREE THAT WIZARD’S MAXIMUM AGGREGATE
LIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE
MINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU
PAID TO WIZARD IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE
OF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID
NOTHING TO WIZARD DURING THE 12 MONTHS IMMEDIATELY PRECEDING
THE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND
WIZARD’S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE
SERVICE.
11. UPDATES
11.1 Updates. Wizard reserves the right, in its sole discretion, to modify the Terms of
Service at any time (“Updates”) and shall make Updates available at
www.wizardgames.ca. You are deemed to accept any Update by continuing to use the
Service. Unless Wizard states otherwise, Updates are automatically effective 30 days
after posting on www.wizardgames.ca.
11.2 Governing law. The Terms of Service and Privacy Policy are governed by and
construed under the laws of the province of British Columbia. If a dispute arises, you
agree that such dispute be resolved by courts located in Vancouver, British Columbia and
hereby submit to the personal jurisdiction of such courts.
11.3 Severability. To the extent any section, clause, provision or sentence or part
thereof of the Terms of Service is determined to be illegal, invalid or unenforceable by
competent authority in any jurisdiction, then that portion shall be severed and the
remainder of the Terms of Service given full force and effect.
11.4 No Waiver. Wizard’s failure to assert or enforce any right contained in the
Terms of Service shall not constitute a waiver of that right.
11.5 Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11 survive termination of the
Terms of Service.
11.6 Entire Agreement. The Terms of Service constitutes the entire agreement
between you and Wizard with respect to the subject matter hereof and supersedes any
prior oral or written agreements, communications, representations or undertakings
provided.
11.7 Contact. You may contact Wizard regarding this Terms of Service by emailing
support@wizardgames.ca