TERMS OF SERVICE<\/p>\n
Effective Date: June 5, 2018<\/p>\n
This Terms of Service is entered into between you and Wizard Games Inc., its
\nsubsidiaries and affiliates, (\u201cWizard\u201d) and applies to Wizard games and websites on
\nwhich it is placed (collectively, the \u201cService\u201d).<\/p>\n
BY CLICKING \u201cI AGREE\u201d OR SIMILAR OR BY USING THE SERVICE YOU
\nARE AGREEING TO BE BOUND BY THE TERMS OF SERVICE.<\/p>\n
1. LICENSE<\/p>\n
1.1 License. Wizard grants you a non-exclusive, non-sublicensable, nontransferrable,
\nrevocable, limited license to install and use any Wizard game you
\ndownloaded from an authorized third party. You agree that no title or ownership interest
\nin the Service is transferred or assigned to you and that the Terms of Service is not a sale
\nof any right to the Service.<\/p>\n
1.2 Streaming and Social Media License. Wizard grants you a non-sublicensable,
\nnon-transferrable, revocable, limited license to publicly display Wizard games on online
\nvideo streaming websites, such as youtube.com and twitch.com, and social media, such
\nas tweeting a GIF (\u201cSocial Content\u201d). Wizard may terminate or modify the scope of this
\nstreaming and social media license granted to you at any time without notice or
\ncompensation and will not be liable to you or any third party for any loss incurred
\nrelating thereto.<\/p>\n
1.3 User Content License. User content includes any information that you submit,
\ntransmit or upload while using the Service and Social Content (\u201cUser Content\u201d). By
\nproviding User Content you represent and warrant that you have all consents, licenses
\nand rights necessary to provide and license the User Content and you grant Wizard an
\nexclusive (non-exclusive in the case of Social Content), irrevocable, fully-paid, royaltyfree,
\nperpetual, sub-licensable, transferrable, worldwide license to User Content under all
\ncopyright, trademark, trade secret, patent, privacy and publicity rights and any other
\nintellectual or industrial property rights you own or control to use, broadcast, disclose,
\ndisplay, distribute, modify, make derivative works of, publicly perform, publish, record,
\nreproduce, sublicense (on multiple levels), translate, transmit or otherwise exploit for all
\npurposes and in all formats and mediums and with any technology now known or
\nhereafter developed and for all purposes without attribution, notice, permission or
\npayment to you or a third party. Wizard reserves the right to review, edit, delete or block
\naccess to User Content without notice.<\/p>\n
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\u2019s 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.<\/p>\n
2. USE OF THE SERVICE<\/p>\n
2.1 Account. Use of the Service may require you to register a user account with
\nWizard directly or with a third party, such as Google or Apple (each, an \u201cAccount\u201d).
\nWizard strongly recommends that you keeping your login information confidential. You
\nagree to be bound by any use of your Account, including charges and purchases, whether
\nor not authorized. You represent and warrant that you are permitted to use the method of
\npayment associated with your Account and agree to pay for charges and fees incurred by
\nyour Account, which are not refundable.<\/p>\n
2.2 Membership<\/p>\n
Wizard may offer you a VIP Service membership, granting you access to certain Service
\nfeatures (for example, new characters), which may not be available to non-members
\n(\u201cMembership\u201d). The first three days of your Membership are free the first time
\nyou subscribe. Thereafter, Wizard shall automatically charge you a weekly
\nMembership fee. Current Membership fees and additional terms are detailed at
\nwww.wizardgames.ca\/membership and are subject to change, on one or more
\noccasions, upon renewal of your Membership. Membership fees exclude applicable
\ntaxes, duties and charges and are non-refundable. Membership fees are billed and
\ncharged automatically by Wizard and\/or third parties authorized on its behalf on a
\nweekly basis to the credit card (or any replacement card) you provided to Wizard
\nuntil the date your Membership is terminated by your submission of a cancellation
\nrequest to Wizard through the Service or termination of your access to the Service.<\/p>\n
2.3 Personal Data. Accessing the Service may require you to provide Wizard with
\npersonal data, which is collected, used and disclosed in accordance with Wizard\u2019s
\nPrivacy Policy. You agree to provide accurate and complete personal data to Wizard and
\nto update your information if it changes. The Privacy Policy is available at
\nwww.wizardgames.ca\/privacy.<\/p>\n
2.4 Access. Access to the Service may require hardware including but not limited to
\na computer or mobile device with a current operating system, web browser and an
\nInternet connection. You agree to provide all hardware and the Internet connection
\nrequired to use the Service and to pay all fees incurred by you when accessing the Service
\nthrough an Internet connection.<\/p>\n
3. LIMITATIONS ON USE OF THE SERVICES<\/p>\n
3.1 Limitations. You agree that you will not use the Service in the following
\nmanner:<\/p>\n
a. engage in conduct that Wizard determines, in its sole discretion, to constitute
\nimproper use of the Service;<\/p>\n
b. decompile, disassemble or reverse engineer the Service or otherwise attempt to
\nderive Service source code;<\/p>\n
c. except for Social Content, reproduce, rearrange, modify, translate, create
\nderivative works from, display perform, publish or distribute the Service;<\/p>\n
d. sell, lease or remove\/alter advertising in the Service;<\/p>\n
e. cheat or use, develop or distribute automation software (bots), macro software or
\nother cheat utility software or knowingly exploit a flaw or bug in the Service;<\/p>\n
f. break, attempt or otherwise assist with the disruption of any computer used to
\nsupport the Service or experience of another user;<\/p>\n
g. upload files that contain viruses, Trojan horses, worms, time bombs, corrupted
\nfiles or data or other similar software or programs that may damage operation of
\nthe Service or the computers of other users;<\/p>\n
h. utilize the Service or any part thereof for commercial purposes, except pursuant
\nto the streaming license set forth in section 1.2;<\/p>\n
i. promote or encourage illegal activity including, without limitation, hacking,
\ncracking, distribution of counterfeit software, cheats or hacks for the Service;<\/p>\n
j. use profanity, including short forms for profanities, punctuation marks used in
\nplace of profanities and colloquial versions of profanities;<\/p>\n
k. engage in abusive, defamatory, libellous, threatening or any other conduct that is
\nobjectionable or offensive;<\/p>\n
l. communicate, link to, post, submit or upload content that contains nudity or other
\nsexual material, violence or any other objectionable or offensive conduct;<\/p>\n
m. abuse, bully, harass or publish false or misleading information about users or
\nencourage others to do the same;<\/p>\n
n. infringe or violate the rights of a third party including but not limited to: (i)
\ncontractual rights; (ii) copyright, patent, trademark or trade secret rights; (iii)
\nprivacy rights; (iv) publicity rights; or (v) confidential information;<\/p>\n
o. collect or attempt to obtain user data, whether personal or anonymous;<\/p>\n
p. impersonate another person or an employee of Wizard; or<\/p>\n
q. advertise products or services,<\/p>\n
as determined by Wizard in its sole discretion.<\/p>\n
4. TERMINATION<\/p>\n
4.1 Suspension and Termination. Wizard may suspend or terminate your access to
\nthe Service at any time for any reason including but not limited to your violation of the
\nTerms of Service, as determined in its sole discretion. Whether a suspension will be
\nlifted is at the sole discretion of Wizard. You may terminate your access to the Service at
\nany time by ceasing to use the Service and deleting any Wizard game you have installed.
\nData collected by Wizard may be retained for a period of time after your access to the
\nService is terminated, as described further in the Privacy Policy.<\/p>\n
4.2 Effect of Suspension or Termination. Upon suspension or termination, you
\nacknowledge and agree that Wizard shall cease to provide you access to the Service and
\nmay delete data associated with your use of the Service, including purchases you have
\nmade, as further described in section 5. You are not entitled to a refund or other
\ncompensation of any kind as a result of suspension or termination, regardless of whether
\neffected by you or Wizard, and Wizard is not liable to you or any third party for such
\nsuspension or termination and any related loss.<\/p>\n
5. DIGITAL ITEMS, PRIZES<\/p>\n
5.1 Digital Items. The Service may include virtual in-game currency and items
\n(together, \u201cDigital Items\u201d), which may be earned by users or purchased from Wizard for
\nreal world money, where permitted by law. Digital Items available to you and the price
\nof Digital Items may be altered by Wizard at any time, without notice. Upon acquiring
\nDigital Items, you are granted a non-exclusive, non-sublicensable, non-transferrable
\n(except to the extent expressly permitted) right to use such Digital Items only in
\nconjunction with the Service for which such Digital Items were acquired. Any Digital
\nItems purchase is final and non-refundable. The determination of Digital Items to credit
\nor debit to you shall be determined by Wizard in its sole discretion. All Digital Items
\nremain the property of Wizard.<\/p>\n
5.2 Prizes. Wizard may provide users the opportunity to receive random, Digital
\nItem prizes, which vary in size and value. Due to the randomization of Digital Item
\nprizes, you may not receive the Digital Item you desire. Wizard reserves the right to
\nrefuse to award and to revoke any prize in its sole discretion.<\/p>\n
5.3 Resale. Digital Items may only be sold or traded for other Digital Items, as
\nexpressly permitted through features available within the Service, although Wizard is
\nunder no obligation to fulfill any such sale or trade of Digital Items. Digital Items cannot
\nbe resold online, outside of the Service, in the real world or traded for non-virtual
\n(tangible) goods or services. You agree that resale or attempted resale of Digital Items in
\nviolation of this section 5.3 will result in Wizard terminating your access to the Service
\nand voiding all your Digital Items.<\/p>\n
5.4 Digital Item Backup. If you purchased Digital Items using real world money,
\nincluding Digital Items acquired using in-game currency purchased using real world
\nmoney, Wizard may backup purchased Digital Items so they may be restored in the future
\nshould you lose access. No backup is provided for Digital Items purchased or indirectly
\nacquired without real world money or if Wizard terminates your access to the Service or
\nceases to offer the Service. The availability of Digital Item backup varies between
\nWizard games.<\/p>\n
5.5 Forfeit or Eliminated Digital Items. If Wizard terminates your access to the
\nService or ceases to offer the Service, you agree that all Digital Items associated with
\nyour Account and use of the Service are forfeit. Further, Wizard shall, in its sole
\ndiscretion, administer Digital Items and, in this capacity, control, modify and\/or eliminate
\nany or all Digital Items without notice, for which you are not entitled to any refund, credit
\nredemption or any other compensation. You acknowledge and agree that there is no
\nvalue to Digital Items or time you spend using the Service, for which you will not be
\ncompensated under any circumstances. Wizard is not responsible for repairing or
\nreplacing any Digital Items lost for any reason whatsoever including, but not limited to,
\nsuspension or termination of the Service, technical issues or as a result of a third party.<\/p>\n
6. SOFTWARE UPDATES<\/p>\n
On one or more occasions Wizard may patch, update or modify the Service (each, an
\n\u201cUpdate\u201d), which may require you to install an Update to continue using the Service.
\nUpdates may modify the Terms of Service, gameplay mechanics or other aspects to the
\nService. Failing to install an Update may result in an inability to use the Service, for
\nwhich you are not entitled to a refund or compensation of any kind.<\/p>\n
7. THIRD PARTY SOFTWARE<\/p>\n
The Service may incorporate services provided by third parties, including but not limited
\nto third party accounts or advertisements. The Terms of Service does not grant you any
\nlicense, right, title or other interest in third party services, which may require you to enter
\ninto agreements between you and a third party. It is up to you to review and determine
\nthe acceptability of any third party agreement.<\/p>\n
8. WIZARD OWNERSHIP RIGHTS<\/p>\n
All right, title and interest in and to the Service, including but not limited to copyrights,
\npatents, trademarks, trade secrets, trade names, computer code (source and object), titles,
\ncharacters, character names, catch phrases, concepts, character inventions, character
\nlikenesses, dialog, settings, storylines, themes, animation, audio-visual effects, sound
\neffects, musical works, look and feel and methods of operation, are owned by Wizard.
\nWizard reserves all rights in the Service.<\/p>\n
9. NOTICE TO EU USERS<\/p>\n
If you are a resident of the EU, you hereby agree that by purchasing Digital Items you
\nwant such Digital Items credited to your Account immediately and, as a result, you are
\nnot entitled to withdraw from or cancel your purchase pursuant to the EU Consumer
\nRights Directive (2011\/83\/EU) and national implementations.<\/p>\n
10. DISCLAIMER AND LIMITATION OF LIABILITY<\/p>\n
10.1 DISCLAIMER. THE SERVICE IS PROVIDED \u201cAS IS\u201d AND WIZARD
\nDISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR
\nSTATUTORY, INCLUDING WITHOUT LIMITATION MERCHANTABILITY,
\nFITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
\nTHIRD-PARTY RIGHTS, TO THE EXTENT PERMITTED BY LAW. WITHOUT
\nLIMITING THE FOREGOING, WIZARD MAKES NO REPRESENTATIONS OR
\nWARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR
\nTHAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED,
\nCONTINUOUSLY AVAILABLE, ERROR FREE, WILL NOT HARM COMPUTERS
\nOR MOBILE DEVICES OR RESULT IN LOST DATA OR BE SECURE AGAINST
\nUNAUTHORIZED ACCESS. NO ORAL ADVICE OR WRITTEN INFORMATION
\nPROVIDED BY WIZARD, ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
\nDIRECTORS, EMPLOYEES, REPRESENTATIVES OR ASSIGNS, WILL CREATE
\nANY WARRANTY AND YOU SHALL NOT RELY UPON SUCH ADVICE OR
\nINFORMATION. YOU BEAR THE ENTIRE RISK AS TO THE PERFORMANCE,
\nOPERATION AND QUALITY OF THE SERVICE.<\/p>\n
10.2 LIMITATION OF LIABILITY. WIZARD, ITS SUBSIDIARIES,
\nAFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND
\nASSIGNS, SHALL NOT BE LIABLE TO YOU FOR ANY CLAIM, LOSS OR
\nDAMAGE OF ANY KIND ARISING OUT OF OR RELATING TO THE SERVICE OR
\nTHIRD-PARTY SOFTWARE OR SERVICES INCORPORATED INTO THE
\nSERVICE, INCLUDING WITHOUT LIMITATION DIRECT, CONSEQUENTIAL,
\nINCIDENTAL OR SPECIAL DAMAGES, EVEN IF WIZARD HAS BEEN ADVISED
\nOF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE. IF YOU ARE
\nDISSATISFIED WITH THE SERVICE OR ANY PART THEREOF, SUCH AS
\nDIGITAL ITEMS, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.<\/p>\n
10.3 WIZARD\u2019S AGGREGATE LIABILITY. PLEASE NOTE THAT SOME
\nJURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN TERMS OR
\nWARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES AND,
\nIF ANY DISCLAIMER OR LIMITATION OF LIABILITY IS FOUND
\nUNENFORCEABLE, VOID OR DOES NOT FULLY SHIELD WIZARD FROM
\nLIABILITY, YOU AGREE THAT WIZARD\u2019S MAXIMUM AGGREGATE
\nLIABILITY TO YOU WHATSOEVER WILL BE THE LEAST AMONG (A) THE
\nMINIMUM PERMITTED UNDER APPLICABLE LAW; (B) THE AMOUNT YOU
\nPAID TO WIZARD IN THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE
\nOF THE HARM IN QUESTION; AND (C) $100 (CAD). HOWEVER, IF YOU PAID
\nNOTHING TO WIZARD DURING THE 12 MONTHS IMMEDIATELY PRECEDING
\nTHE DATE OF THE HARM IN QUESTION, YOUR SOLE REMEDY, AND
\nWIZARD\u2019S AGGREGATE LIABILITY, IS FOR YOU TO TERMINATE USE OF THE
\nSERVICE.<\/p>\n
11. UPDATES<\/p>\n
11.1 Updates. Wizard reserves the right, in its sole discretion, to modify the Terms of
\nService at any time (\u201cUpdates\u201d) and shall make Updates available at
\nwww.wizardgames.ca. You are deemed to accept any Update by continuing to use the
\nService. Unless Wizard states otherwise, Updates are automatically effective 30 days
\nafter posting on www.wizardgames.ca.<\/p>\n
11.2 Governing law. The Terms of Service and Privacy Policy are governed by and
\nconstrued under the laws of the province of British Columbia. If a dispute arises, you
\nagree that such dispute be resolved by courts located in Vancouver, British Columbia and
\nhereby submit to the personal jurisdiction of such courts.<\/p>\n
11.3 Severability. To the extent any section, clause, provision or sentence or part
\nthereof of the Terms of Service is determined to be illegal, invalid or unenforceable by
\ncompetent authority in any jurisdiction, then that portion shall be severed and the
\nremainder of the Terms of Service given full force and effect.<\/p>\n
11.4 No Waiver. Wizard\u2019s failure to assert or enforce any right contained in the
\nTerms of Service shall not constitute a waiver of that right.<\/p>\n
11.5 Survival. Sections 1.3, 2.3, 4.2, 5.5, 8, 10 and 11 survive termination of the
\nTerms of Service.<\/p>\n
11.6 Entire Agreement. The Terms of Service constitutes the entire agreement
\nbetween you and Wizard with respect to the subject matter hereof and supersedes any
\nprior oral or written agreements, communications, representations or undertakings
\nprovided.<\/p>\n
11.7 Contact. You may contact Wizard regarding this Terms of Service by emailing
\nsupport@wizardgames.ca<\/p>\n","protected":false},"excerpt":{"rendered":"
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, (\u201cWizard\u201d) and applies to Wizard games and websites on which it is placed (collectively, the \u201cService\u201d). BY CLICKING \u201cI AGREE\u201d OR SIMILAR OR BY USING THE SERVICE YOU ARE AGREEING[…]<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"template-fullwidth.php","meta":[],"_links":{"self":[{"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/pages\/374"}],"collection":[{"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/comments?post=374"}],"version-history":[{"count":6,"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/pages\/374\/revisions"}],"predecessor-version":[{"id":509,"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/pages\/374\/revisions\/509"}],"wp:attachment":[{"href":"https:\/\/wizardgames.ca\/about\/wp-json\/wp\/v2\/media?parent=374"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}