Terms of service
Last updated: April 15, 2024
General Information
Welcome to WITS. These Terms governs your access to and use of the Services, as defined herein, and any associated content related updates, upgrades, and features. These Terms are a legally binding agreement between you and What Is This Studio Ltd. Read these Terms carefully before using the Services. By accessing or using the Services, you hereby agree and assent to all terms, conditions, and obligations herein. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY PORTIONTHEREOF, YOU MAY NOT USE OR OTHERWISE ACCESS THE SERVICES.
We may amend [NC1] these Terms at any time by posting a revised version on the Website and within the Game’s settings. Each revised version will state its effective date, which will be effective on or after the date in which it is posted or sent. Your continued use of the Services after the effective date of such revision constitutes your acceptance of the revised Terms.
These Terms include, by reference, What Is This Studio Ltd.’s Privacy Policy[NC2] , as amended from time to time.
BY USING THE SERVICES, YOU CONFIRMTHAT YOU ARE ABOVE THE MINIMUM AGE AND ARE NOT BARRED FROM USING THE SERVICESUNDER APPLICABLE LAW.
THE SERVICES ARE NOT DIRECTED TOCHILDREN UNDER 13 AND YOU MAY NOT USE THE SERVICES IF YOU ARE UNDER 13 YEARSOLD. BY ACCESSING AND/OR USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST13 YEARS OF AGE. IF YOU ARE OVER THE AGE OF 13 BUT UNDER THE AGE OF 18 OROTHERWISE UNDER THE LEGAL AGE OF THE MAJORITY IN YOUR JURISDICTION OFRESIDENCE, YOU MAY ONLY USE THE SERVICES WITH PERMISSION FROM AND UNDER THESUPERVISION OF A PARENT OR LEGAL GUARDIAN AND SUBJECT TO THE TERMS ANDCONDITIONS SET FORTH IN SECTION 7 OF THESE TERMS.
1. Definitions
“Account” means any individual User account that you may create in order to use the Services.
“Communication Services” means the chat function and any other related service that Users can use tocommunicate and interact with one another within the Services.
“Company” means What Is This Studio Ltd, located at 16192 Coastal Hwy, Lewes, Delaware 19958[NC3] . References to "us" "we," or "our" means Company, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors. Company does not include affiliates or third parties (analytics or ad tech companies, or similar organizations).
“Cosmetics” means digital items sold within the Services which allow Users to customize the appearance of the Game, including Digital Trading Cards, User profiles, and the Game background.
“Dispute” means any controversy related to this agreement, including without limitation claims arising out of or relating to any aspect of the relationship between you and Company, claims that arose before these Terms, and claims that may arise after the termination of these Terms; however, this does not include claims related to or arising from the enforcement or protection of Intellectual Property Rights, and is subject to any applicable statutory consumer rights laws in your local jurisdiction.
“Essence” means the fictional in-Game currency which can be used within the Game to purchase Digital Trading Cards, Cosmetics, and Season Passes.
“Game” means the game What IsWhatIs This Sorcery (WITS) inclusive of all underlying images, characters, literary works, source code, object code, musical compositions, sound recordings, audiovisual works, and any other materials and Intellectual Property Rights therein as well as any updates or other DLC.
“Intellectual PropertyIntellectualProperty Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.
“Notice” means a delivered writing by e-mail, courier, or postal delivery to the other party at their respective address and will be effective upon receipt.
“Privacy Policy "means our policy regarding data collection and processing, which also governs your use of the Services and is incorporated herein by reference.
“Products” means, the items, goods and services, available listings, descriptions, and images of goods or services or related coupons or discounts, as well as references and links to such products or services found on the Website, including but not limited to Season Passes, Essence, Physical Trading Cards, Digital Trading Cards, Trading Card accessories, Cosmetics, and merchandise.
“Protected Content "means all content, included as part of the Services and any compilation thereof including, without limitation, the look and feel of the Services, the text, graphics, source code, sound recordings, musical composition, narrative, characters, literary works, and any other works of authorship or other materials contained therein, whether or not protectable by copyright, trademark, or other applicable law or legal theory.
“Season Pass” means the paid version of the Services that grants subscribers additional rewards within the Game, which may include Digital Trading Cards and Cosmetics.
“Services” means the Website, the Game, and all other applications, content, tools, features, and functionality offered on or through our Website and the Game and any associated services or materials thereon.
“Terms” means these terms of service and any terms, conditions, covenants, representations, warranties, obligations, and licenses contained herein.
“Trading Cards” means the trading cards used to play the Game, and includes physical cards (“Physical Trading Cards”) and digital cards (“Digital Trading Cards”).
“Transaction” means your purchase or obtaining of Products or services offered by the Company through the Website or Game.
“User,” “you” or “your” means any user of the Services, or any owner, officer, employee, affiliate, or agent of the same that uses the Services or any portion thereof.
“Website” means the online website “https://wits.academy/” including all sub-pages, sub-domains, and associated domains thereof.
2. Products
We may make available for purchase, certain Products, as well as references and links to Products, onthe Website. Such Products may be made available by Company or by third parties. We make no representations as to the completeness, accuracy or timeliness of such listings, descriptions, or images (including any features, specifications, and prices contained therein). Such information (including pricing) and the availability of any Product (including the validity of any coupon or discount) are subject to change at any time without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Product, Website, Game, or Service. Certain measures and similar descriptions are approximate and are for convenience only, and Company makes no guarantee that the color and other descriptions provided will be precise attributes of any actual Product you receive. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Company is not responsible for any variations except those that are material, and Company is not liable for the final color appearance of any Products. Anyoffer for any Product or Service made on this Website is void where prohibited. All Products should be used for their intended use.
The Services allow you to purchase packs of randomly generated Digital Trading Cards (“Randomly GeneratedRandomlyGenerated Items”) using Essence. You acknowledge and agree that you may not purchase Randomly Generated Items if you are under the age of 18.
3.Essence
Users with a valid Account may purchase Essence by completing a Transaction, or earn Essence by completing achievements within the Game. Essence may only be used within the Game. Essence has no cash value and may not be redeemed for real-world goods, services, or currency. In the event an Account is deleted or Company terminates an Account for any reason herein, Company is under no obligation to maintain or refund any User’s Essence[NC4] .
4. Transactions
If you wish to make a Transaction for the purchase of Products available through or in connection with this Website, you are required to pay the listed priced and any applicable fees. Unless otherwise indicated, all fees and other charges are in U.S.dollars, and all payments shall be in U.S. currency or the equivalent amount of cryptocurrency as accepted by Moonpay.
Billing Information. We partner with PayPal, Moonpay, and other third-party payment processors (each a “Third-Party Platform”) to facilitate credit card and other payments, in connection with your purchase of the Products. Payment processing time will vary depending on your location. You will receive a receipt from the Third-Party Platform confirming payment. If your payment is rejected for any reason, including insufficient funds, Company reserves the right to contact you directly to seek payment. By using a Third-Party Platform, you may be subject to an agreement with such Third-Party Platform. If Company receives notice that your activity violates any agreement between you and a Third-Party Platform, Company may, in our sole discretion take action against your account to bring you into compliance with such agreements. Such actions may include canceling a Transaction, suspending your Transaction privileges, and/or removing certain payment methods. You agree to provide current, complete, and accurate purchase information for all Transactions conducted via Third-Party Platforms.
Restrictions. Company reserves the right, including without prior notice and on a case-by-case basis, to limit the available quantity of or discontinue making available any Product in general or to any per person, per household, or per order, per geographic region or jurisdiction (including orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address); to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Product. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. By making a Transaction, you represent that the applicable Products will be used only in a lawful manner. You agree that you will not resell any digital Products or Services obtained through a Transaction unless we have provided our express prior written consent for you to do so.
Transaction Processing. Company may, in its sole discretion, choose to not process or to cancel your Transaction in certain circumstances. This may occur when the Productor Service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances Company deems appropriate in its sole discretion. Company also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Company will either not charge you or refund the charges for orders that we do not processor cancel.[NC5]
Shipping and Tax. Product prices are exclusive of all foreign, federal, state, municipal, and local excise, sales, use and similar taxes. Such taxes are the responsibility of you as a purchaser and may be in addition to the price stated on the Website. You are deemed to take possession of a Product you purchase when the Product leaves the Company’s facility. Unless otherwise set forth on the Website, you, as purchaser, shall pay all customs fees and duties on the Products as well as all insurance and shipping and handling charges.
LIMITATIONOF LIABILITY. TO THE MAXIMUM EXTENTPERMITTED BY LAW, INCLUDING, WITHOUT LIMITATION, CONSUMER PROTECTION LAW, YOUAGREE THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND(INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,LOST PROFITS, OR INDIRECT DAMAGES FOR THE DAMAGE, INJURY, OR LOSS OF LIFE ORPROPERTY OR REVENUE EVEN IF THE DAMAGE, INJURY, OR LOSS IS CAUSED BY THENEGLIGENCE OR OTHER FAULT OF THE COMPANY REGARDLESS OF THE FORESEEABILITY OFTHOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, NON-DELIVERY,SALE, OR USE OF ANY OF THE PRODUCTS OR GOODS OR SERVICES DELIVERED TO YOUHEREUNDER. YOU AGREE THAT ALL PRODUCTS PURCHASED IN THE TRANSACTION ARE SOLDAND PURCHASED “AS-IS.” ALL IMPLIED WARRANTIES INCLUDING FITNESS FOR APARTICULAR PURPOSE AND MERCHANTABILITY ARE EXPRESSLY DISCLAIMED BY COMPANY.
Refunds. To the maximum extent permitted by applicable law, all purchases of Products are final and Company does not offer refunds with respect to Products.
Right of Withdraw for UK and EU Consumers[NC6] : If you are a resident of the United Kingdom or European Union/EEC you have a right to withdrawal and receive a refund from certain transactions. For more information on this right, please see our Notice of the Right to Withdrawal, located in Section 26 below.
5. License
The Services are licensed to you for your personal use and entertainment only. Company hereby grants you a personal, limited, non-transferable, fully, revocable, and non-exclusive License to use the Services for your personal entertainment and non-commercial use, subject to your compliance with these Terms and subject to the limitations set forth herein. Company or its licensors own and reserve all other rights, including all right, title and interest in the Services and all materials or content therein, and all associated Intellectual Property Rights.
If you purchase or otherwise receive any digital Products, such as Season Passes, Cosmetics, or Digital Trading Cards, Company hereby grants you a limited, non-exclusive, non-commercial license to use the digital Products within the Services. You acknowledge and agree that you may not reproduce, re-distribute, transmit, copy, publish, publicly perform or display, or create derivative works based on the Cosmetics or Digital Trading Cards or otherwise use or exploit the Cosmetics or Digital Trading Cards in any manner not authorized by these Terms.
Cosmetics may only be used within the Game. Cosmetics have no cash value and may not be redeemed for real-world goods, services, or currency.
6. License Restrictions
You may not do any of the following with respect to the Services or any components thereof:
a. Use the Services commercially or for a promotional purpose, except as otherwise authorized herein;
b. Copy, reproduce, distribute, display, publicly perform, publish, or use the Services or any portion or aspect thereof, in any way that is not expressly authorized in these Terms;
c. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services or any part thereof, except and only to the extent that this activity is expressly permitted by the applicable law of your country of residence;
d. Modify, adapt, translate, or create derivative works based upon the Services or any part thereof, except and only to the extent that such activity is expressly permitted by these Terms or by applicable law notwithstanding this limitation;
e. Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services;
f. Access any the Services or any website, server, software application, or other computer resource owned, used and/or licensed by Company, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures Company may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used and/or licensed to Company;
g. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies,or regulations of networks connected to the Services;
h. Harvest or collect the email addresses or other contact information of other Users;
i. Use the Services for any illegal purpose, or in violation of anylocal, state, national, or international law or regulation, including, withoutlimitation, laws governing intellectual property and other proprietary rights,data protection and privacy.
7. Children Under 18
a. By using the Services, you warrant and represent that you: (1) areat least 18 years of age and otherwise legally competent to read, understandand accept the provisions of this agreement; or (2) are a minor who has beenauthorized under the provisions of Section 7(b) below.
b. If you are the legal guardian of a minor, you can choose to allowuse of the Services by that minor instead of yourself subject to the followingprovisions:
i. You acknowledge, and further agree that the aforementioned minoris entering into an agreement with your consent;
ii. You acknowledge, and further agree you are entirely responsiblefor all the provisions in these Terms;
iii. You acknowledge, and further agree, you are legally responsiblefor all actions of that minor, including but not limited to any payments,damages and/or liabilities related to the actions of that minor;
iv. In consideration of Company allowing access to the Services by aminor, and in addition to the indemnification provisions set forth herein, theforegoing adult hereby guarantees and agrees to pay for any and all liabilitiesof any nature whatsoever incurred under this agreement and to defend, indemnifyand hold harmless Company with respect thereto.
8. Account
Youmust have a valid Account to use the Services. You may create an account byregistering for the Services using a valid email address and password.
Youmay create an Account by logging into your Epic Games Store account or byregistering for the Services using a valid email address and password.
Youmay delete your Account at any time by accessing your profile on the Website orby contacting us at privacy@wits.academy.
EpicGames Store. You may access the Game on third-party platforms such as theEpic Games Store using your Epic Games Store account (the “Epic GamesAccount”). You are solely responsible for complying with the terms of useand end user license agreement of the Epic Games Store (the “Epic GamesTerms”), and you acknowledge and agree that Company has no control over theterms of use or end user license agreement of the Epic Games Store. If Companylearns that you have violated the Epic Games Terms, Company may take actionagainst your Epic Games Account, including by restricting access to theServices. You acknowledge and agree that Company may have access to certaininformation, including friends lists and other personal information, thatappears in your Epic Games Account. In order to delete such information, youmust delete your Epic Games Account from the Epic Games Store.
9. Electronic Communication
Each and every time yousend an email or other electronic communication to Company, such communicationwill constitute an electronic communication. By using the Services, you consentto receive electronic communications and you agree that all agreements,Notices, disclosures, and other communications that Company provides to you viaelectronic communication, individually and collectively, satisfy any legalrequirement that such communications be in writing.
10. Intellectual Property Ownership
All Protected Content isthe property of Company or its third-party suppliers and protected bycopyright, trademark, and other laws that protect intellectual property andproprietary rights. You agree to observe and abide by all copyright, trademarkand other proprietary notices, legends or other restrictions contained in anysuch content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer,participate in the transfer or sale, create derivative works, or in any wayexploit any of the Protected Content, in whole or in part, found within the Services.Your use of the Services does not entitle you to make any unauthorized use ofany of the Protected Content, and in particular you shall not delete or alterany proprietary rights or attribution notices in any Protected Content. Youshall use Protected Content solely for your personal use, as outlined in theseTerms, and will make no other use of the Protected Content without the expresswritten permission of Company and/or Protected Content’s third-party owner, ifapplicable. You acknowledge and agree that you do not acquire any ownershiprights in any Protected Content. Except as provided for herein, these Terms donot grant any licenses, express or implied, to the Protected Content or anyother intellectual property of Company, our licensors, or any third-party.
11. Use of Communication Services
Youagree to use the Communication Services only to post, send, and receive writtencommunications that are proper and related to the Services. Materials uploadedto a Communication Service may be subject to posted limitations on usage,content, reproduction and/or dissemination.
YOUMAY NOT UPLOAD ANY PHOTOGRAPHS, PICTURES OF DOCUMENTS, PDFS, OR OTHER DOCUMENTSTO THE COMMUNICATION SERVICES. You are responsible for adhering to anylimitations on your use of the Communication Services set forth herein andCompany reserves the right to terminate your access to any or all theCommunication Services at any time, without Notice, for any reason whatsoever.
Byway of example, and not as a limitation, you agree that when using aCommunication Service, you will not: defame, abuse, harass, stalk, threaten, orotherwise violate the legal rights (such as rights of privacy and publicity) ofothers; publish, post, upload, distribute or disseminate any inappropriate,profane, defamatory, infringing, pornographic, obscene, indecent, or unlawfultopic, name, material, or information; upload files that contain software orother material protected by intellectual property laws (or by rights of privacyof publicity) unless you own or control the rights thereto or have received allnecessary licenses, consents, and permissions therefor; upload files thatcontain viruses, malware, corrupted files, or any other similar software orprograms that may damage the operation of another’s computer; advertise oroffer to sell or buy any goods or services for any business purpose; conduct orforward surveys, contests, pyramid schemes, or chain letters; download any fileuploaded by another user of a Communication Service that you know, orreasonably should know, cannot be legally distributed in such manner; falsifyor delete any author attributions, legal or other proper notices or proprietarydesignations or labels of the origin or source of software or other materialcontained in a file that is uploaded; restrict or inhibit any other user fromusing and enjoying the Communication Services; violate any code of conduct orother guidelines which may be applicable for any particular CommunicationService; harvest or otherwise collect information about others, including emailaddresses, without their consent; or violate any applicable laws orregulations.
Companyhas no obligation to monitor the Communication Services. However, Companyreserves the right to review any and all materials uploaded to a CommunicationService and to remove any materials in its sole discretion.
YOUSHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONAL IDENTIFYING INFORMATIONABOUT YOURSELF OR YOUR CHILDREN OR FAMILY IN ANY COMMUNICATION SERVICE. COMPANYDOES NOT CONTROL OR ENDORSE THE CONTENT, MESSAGES OR INFORMATION FOUND IN ANYCOMMUNICATION SERVICE AND, THEREFORE, COMPANY SPECIFICALLY DISCLAIMS ANYLIABILITY WITH REGARD TO THE COMMUNICATION SERVICES AND ANY ACTIONS RESULTINGFROM YOUR PARTICIPATION IN ANY COMMUNICATION SERVICE.
12. Service Availability and Termination
You acknowledge and agree that:
a. Companyhas the discretion to immediately terminate orrestrict access to the Services or any portion thereof, at any time, for anyreason, without Notice and without liability to you;
b. Accessto the Services may be interrupted for reasons withinor beyond the control of Company and that Company cannot and does not guaranteeyou will be able to use the Services whenever you wish to do so; and
c. TheServices may not be offered in all countries or geographic locations.
13. Company Disclaimerand Limitation of Liability and Remedies
COMPANY IS NOT A BROKER,FINANCIAL INSTITUTION, CREDITOR, INSURER OR CHARITABLE ORGANIZATION.
All information andcontent provided by Company through the Services is for informational andentertainment purposes only and Company does not guarantee the accuracy,completeness, or timeliness or reliability of any such information or content.
No content orinformation is intended to provide financial, legal, tax, or other professionaladvice. Before making any decisions regarding use of the Services or thepurchase any other good or service, whether virtual or tangible, offered by theServices or any third party, you should consult your financial, legal, tax, orother professional advisers as appropriate. You acknowledge that you accesscontent or information through the Services at your own risk and you are solelyresponsible for making the final determination as to the value andappropriateness of using the same.
USERS ARE NOT EMPLOYEES,PARTNERS, AGENTS, JOINT VENTURERS, OR FRANCHISEES OF COMPANY. COMPANY DOES NOTPROVIDE FINANCIAL SUPPORT OR ASSISTANCE TO USERS. YOU HEREBY ACKNOWLEDGE THAT COMPANYDOES NOT SUPERVISE, DIRECT, CONTROL OR USERS TO THE MAXIMUM EXTENT PERMITTED BYAPPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TOANY WARRANTY OF GOOD AND WORKMANLIKE QUALITY, WARRANTY OF MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE, OR ANY WARRANTY AS TO THE VALIDITY OF ANY PATENTS OR THENON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
YOU UNDERSTAND AND AGREETHAT THERE ARE RISKS INVOLVED WITH AND INHERENT TO PLAYING ANY COMPUTER ORMOBILE GAME INCLUDING, BUT NOT LIMITED TO, MOTION SICKNESS, REPETITIVE STRESSINJURY, OR SIMILAR. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANYWILL NOT BE RESPONSIBLE TO ANY USER FOR ANY PHYSICAL INJURIES, LOSS OF LIFE,DISMEMBERMENT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIALDAMAGES, INCLUDING LOST PROFITS OR LOSS OF DATA, REGARDLESS OF FORESEEABILITYAND COMPANY’S MAXIMUM LIABILITY UNDER THIS AGREEMENT WILL AT ALL TIMES BELIMITED TO A REFUND OF ANY MONIES SPENT BY AN APPLICABLE USER HEREUNDER WITHINTHE SIX (6) MONTHS PRECEDING ANY ALLEGED BREACH OF THIS AGREEMENT BY COMPANY.
YOU FURTHER ACKNOWLEDGEAND AGREE THAT IN THEEVENT OF ANY BREACH OF THIS AGREEMENT BY COMPANY, YOUR REMEDIES SHALL BELIMITED TO AN ACTION FOR DAMAGES, IF ANY AND AS LIMITED ABOVE AND IN NO EVENTSHALL YOU BE ENTITLED TO SEEK TO ENJOIN OR RESTRAIN COMPANY’S PERFORMANCE INANY MANNER. ACCORDINGLY, YOU EXPRESSLY AGREE THAT ANY DAMAGE TO YOU WILL NOT BEIRREPARABLE OR OTHERWISE INCALCULABLE SO AS TO ENTITLE YOU TO SEEK AND/OROBTAIN EQUITABLE OR INJUNCTIVE RELIEF.
14. Prohibited Conduct
You are granted anon-exclusive, non-transferable, revocable License to access and use the Services,strictly in accordance with these Terms. As a condition of your use of the Services,you represent and warrant to Company that you will not use the Services for anypurpose that is unlawful or prohibited by these Terms. Further, you agree thatyou will comply with these Terms and will not:
- Use the Services in any manner which could damage, disable, overburden, or impair the Website, Game or Website/Game servers, or otherwise interfere with any other party's use and enjoyment of the Services;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
- Defame, harass, abuse, threaten or defraud users of the Services, or collect, or attempt to collect, personal information about users or third parties without their consent;
- Attempt to indicate in any manner that you have a relationship with Company or that Company has endorsed you or any products or services for any purpose;
- Sell or attempt to sell digital Products on third-party websites or otherwise; and
- Exchange or attempt to exchange Essence or Cosmetics for real-world goods, services, or currency.
Company also reserves all available legal rights and remedies toprevent the unauthorized use of the Services, including, but not limited to,technological barriers, IP mapping, and contacting your internet serviceprovider.
15. Representations and Warranties
In addition to any other representations and warranties made herein, you hereby represent and warrant that (a) you are not prohibited from receiving or using any aspect of the Services under applicable laws and (b) Company has not previously disabled your access to the Services for a violation of the law or these Terms or other applicable agreements.
16. Third Parties
The Services maycontain links to third-party websites. The third-party websites are not underthe control of Company and Company is not responsible for the contents of thesame, including without limitation any link contained therein. Company isproviding these links to you only as a convenience, and the inclusion of anylink does not imply endorsement by Company of the third-party website or anyassociation with its operators.
17. Device and Internet Connection
Use and Access of the Servicesmay require the use of your personal computer, laptop, tablet, or mobiledevice, as well as communication with or use of space on such device. You aresolely responsible for all internet and/or mobile data connection and allassociated fees that you incur when accessing the Services.
18. International Users
The Services arecontrolled, operated, and administered by Company from our offices within theUnited States. If you access the Services from a location outside the UnitedStates, you are responsible for compliance with all local laws. You agree thatyou will not use the Services in any country or in any manner prohibited by anyapplicable laws, restrictions, or regulations.
19. Release
You hereby agree torelease Company from all damages (whether direct, indirect, incidental,consequential, or otherwise), losses, liabilities, costs and expenses of everykind and nature, known and unknown, arising out of a dispute between you and athird-party (including other Users) in connection with the Services and anycontent therein. In furtherance of the foregoing, you hereby waive anyapplicable law or statute, which says, in substance: "A GENERAL RELEASEDOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW ORSUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE ANDTHAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED THE SETTLEMENT WITHTHE DEBTOR OR RELEASED PARTY."
20. Indemnification
To the maximum extentpermitted by applicable law, you agree to indemnify, defend and hold harmless Company,its officers, directors, employees, agents and assigns from and against any andall claims, losses, costs, debt, liabilities and expenses (including, but notlimited to attorney’s fees) arising from (i) your misuse of and access to the Services;(ii) your violation of these Terms; (iii) your violation of any third-partyright, including without limitation any copyright, intellectual property, orprivacy right; (iv) your use of or inability to use the Services; and (v) anyclaim that you caused damage to a third-party.
21. Dispute Resolution[NC7]
In the event the partiesare not able to resolve any Dispute between them arising out of or concerning theseTerms, or any provisions hereof, whether in contract, tort, or otherwise at lawor in equity for damages or any other relief, then, except as provided below,the parties hereby agree to submit any Dispute they cannot resolve informallyto final and binding arbitration. The arbitration will be conducted remotelyunless the arbitrator believes an in-person hearing is required, in which casethe location of the arbitration hearing will be determined by JAMS rules. The arbitrator will follow Delaware law inadjudicating the Dispute. The arbitrator will provide a detailed writtenstatement of decision, which will be part of the arbitration award andadmissible in any judicial proceeding to confirm, correct or vacate the award.Interpretations of these Terms, including determinations of unconscionability,will be determined by the arbitrator selected through this provision. TheArbitrator shall determine the scope and enforceability of this agreement toarbitrate, including whether any Dispute is subject to arbitration and shallrule on any defense, raised by a party hereto, that the claim(s) in question isexempt from this arbitration requirement. As part of the arbitration, theparties shall engage in the exchange and/or discovery of non-privilegedinformation relevant to the Dispute, in accordance with JAMS rules.
The foregoing shall notapply to any claims that fall under the auspices of a small claims court ofcompetent jurisdiction and either party may seek appropriate relief therein.
Theparties acknowledge and agree that any action with respect to your infringementor alleged infringement of any Intellectual Property Rights, any action inwhich Company seeks equitable relief, or any other action that may not besubmitted to arbitration under applicable law, including the enforcement of anyarbitration ruling, shall be tried by a court of competent jurisdiction locatedin Sussex County, Delaware. For thatlimited purpose, you hereby consent to the jurisdiction of the State of Delawareand agree that its laws will be used to resolve any disputes hereunder.
22. Class Action Waiver
Any arbitration under theseTerms will take place on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY'S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATEATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Companyagree otherwise, the arbitrator may not consolidate more than one person'sclaims and may not otherwise preside over any form of a representative or classproceeding.
23. Access Restriction
Use of the Services isunauthorized in any jurisdiction that does not give effect to all provisions ofthese Terms, including, without limitation, this section.
24.Severability
In the event that anyprovision of these Terms is determined to be unlawful, void, or unenforceable,such provision shall nonetheless be enforceable to the fullest extent permittedby applicable law, and the unenforceable portion shall be deemed to be severedfrom these Terms, such determination shall not affect the validity andenforceability of any other remaining provisions.
27. Miscellaneous[NC8]
Company’s performance ofthe obligations described herein is subject to existing laws and legal process,and nothing contained in these Terms are in derogation of Company's right tocomply with governmental, court and law enforcement requests or requirementsrelating to your use of the Services or information provided to or gathered by Companywith respect to such use.
These Terms, the PrivacyPolicy, and any other document incorporated herein by reference constitute theentire agreement between you and Company with respect to the Services and itsupersedes all prior or contemporaneous communications and proposals, whetherelectronic, oral, or written, between you and Company with respect to theServices. A printed version of these Terms and of any Notice given inelectronic form will be admissible in judicial or administrative proceedingsbased upon or relating to these Terms to the same extent and subject to thesame conditions as other business documents and records originally generatedand maintained in printed form. It is the express wish to the parties that theseTerms and all related documents be written in English.
These Terms arenon-transferable, and you may not assign your rights and obligations under theseTerms without the express written consent of Company.
If you have anyquestions regarding your use of the Services or compliance with these Terms,please contact us at compliance@wits.academy[NC9] .
26. For EU/UK Residents: Right ofWithdrawal
- Right of Withdrawal: Pursuant to the EU Consumer Rights Directive (the “Directive”) All Users who are residents of the European Union or United Kingdom have a right to withdrawal from any purchase of Products or other goods or services, whether digital or physical (collectively “Goods”) made via the Services, for any reason. For any Goods that you purchase online, you agree that the withdrawal period will expire upon the sooner of fourteen (14) days after you purchase the Goods or 14 days after you download such Goods. For any physical Goods, your right to withdrawal will expire 14 days after you take possession of the Goods.
To exercise the right of withdrawal,you must provide us an unequivocal statement that you wish to withdrawal fromthe purchase and no longer access or have use of the applicable Goods withinthe Services. Specifically, your statement must provide:
1) Dateof request.
2) Yourname and address (if sent request sent my physical mail) and the name of yourAccount.
3) Thefollowing statement: “I hereby give notice of my decision to withdrawal fromthe purchase of the following (Good(s) that you purchased, along with the dateof purchase).[NC10]
4) Pleasesign the form if you send your request via physical mail and not via theautomated form.
To exercise your Right of Withdrawal,you may write to us at withdrawals@wits.academy [NC11] .
- Effects of Right of Withdrawal: In the event you exercise your right of withdrawal we will, within 14 days of the request [NC12] reimburse all payments received from you with respect to the applicable Goods, provided that if you made use of the Goods, we may deduct from the reimbursement an amount proportional to such use. We will reimburse you via the same means of payment that you used for the initial transaction. For any physical Goods, we may withhold reimbursement until we receive the applicable goods. You must return all physical Goods within 14 days of your request to receive reimbursement and you will be responsible for all associated shipping and handling costs. Please note that, upon your exercise of the Right to Withdrawal, your Account will no longer have access to the applicable Goods in any form of the Services.
- Exceptions of the Right to Withdrawal: You acknowledge and agree that, pursuant to the Directive, your right to withdrawal will not apply in the following circumstances, among others:
1) Servicecontracts after the service has been fully performed if the performance hasbegun with your prior express consent, and with the acknowledgement that youwill lose his right of withdrawal once the contract has been fully performed;
2) AnyGoods that are made to your specifications or are personalized;
3) AnyGoods that, after delivery, according to their nature, are inseparably mixedfrom other items[NC13] ;
4) Thesupply of sealed audio or sealed video recordings or sealed computer softwarewhich were unsealed after delivery;
5) Thesupply of digital Goods which are not supplied on a tangible medium if theperformance has begun, subject to your prior express consent and acknowledgmentthat you thereby lose your right of withdrawal
[NC1]Anytime you update the TOS (orPrivacy Policy) you should provide notice either via email or if you are notcollecting emails, on the site/game itself and you should require users to"accept" or consent to the terms as discussed above.
[NC2]Link to Privacy Policy.
[NC3]We pulled this fromDelaware’s business records, but if your company has a different mailingaddress, we will revise this.
[NC4]Let us know if you would like tohandle this differently (e.g., refunding Essence if a user deletes theiraccount). Please note that the Consumer Finance Protection Bureau has raisedconcerns over inadequate protections for players that lose in-game assets dueto scams or hacking.
[NC5]Let us know if you wouldlike to handle cancelled orders differently (e.g., sending an equivalent item).
[NC6]Regardless of your refund policy forUS consumers, you are required to grant UK and EU consumers a right towithdrawal and receive a refund within 14 days after the purchase or downloadof the goods. Link to Section 26 below.
[NC7]We have suggested arbitration here asfar as dispute resolution which is both confidential and generally moreefficient. Please note that the up front costs for arbitration can be greaterbecause you would be responsible for most of the arbitration fee. If you wouldprefer to resolve any disputes via the traditional court system, just let us know and we can revise.
[NC8]If at some point youstart to offer products on the Apple App Store, we will add the languagerequired by Apple.
[NC9]Insert contact email.
[NC10]If you have any order number orreceipt number that you provide with each purchase, you should ask for that aswell.
[NC11]Insert address to receive thestatement. You can also set up an automated form on your website. In that case,we would revise this sentence and include a link to the form.
[NC12]Make sure this is done in 14 days inorder to remain compliant with this law.
[NC13]This would only apply where items a repurchased together or otherwise cannot be used interchangeably from the other and the consumer attempts to return a specific item.