Effective Date: August 15, 2022
1. Acceptance of these Terms of Use
These terms of use (“Terms of Use”) are entered into by and between you and Something Wicked Games Inc., a Delaware corporation (“SWG,” “we,” “our,” and their derivatives). These Terms of Use govern your use of our websites, including somethingwickedgames.com and wyrdsong.com and its subdomains (collectively, the “Websites”).
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE WEBSITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE ANY OF THE WEBSITES.
In order to agree to these Terms of Use, you need to (a) be 18 years or older, or have your parent or guardian’s consent to agree to these Terms of Use, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
2. Intellectual Property Rights
All aspects of the Websites, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Websites are owned by SWG, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
©2021 Something Wicked Games Inc., Something Wicked Games™, and all related names, logos, product and service names, designs, and slogans are trademarks of SWG or its affiliates or licensors. You must not use such marks without the prior written permission of SWG, and SWG reserves all rights. All other names, logos, product and service names, designs, and slogans on the Websites are the trademarks of their respective owners.
3. Feedback
You may elect to informally provide us with Feedback from time to time. You agree that SWG will own, and you hereby assign to SWG your intellectual property rights in and to any and all Feedback and that SWG will be free to use, disclose, reproduce, license, distribute, and exploit the Feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback, ideas, or suggested improvements you provide to SWG regarding the Websites.
4. Prohibited Uses
These Terms of Use permit you to use the Websites and view and use the content contained in the Websites only for lawful purposes and in accordance with these Terms of Use. No right, title, or interest in or to the Websites or any content thereof is transferred to you, and all rights not expressly granted are reserved by SWG. Any use of the Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
In addition to the above obligations, you agree not to:
- (a) reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included on the Websites;
- (b) access or use for any commercial purposes any part of the Websites or materials available through them;
- (c) use the Websites in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate SWG or anyone else;
- (d) use the Websites to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
- (e) use the Websites to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Websites about anyone without their express permission;
- (f) remove any copyright, trademark, or other proprietary rights notices contained in or on the Websites;
- (g) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Websites or interfere with anyone else’s use of the Websites;
- (h) engage in any other conduct that affects anyone else’s use or enjoyment of the Websites or that, as determined by us, may harm SWG;
- (i) use any robot, spider, or other automatic or manual device, process, or means to access the Websites for any purpose, including monitoring or copying any of the material on the Websites;
- (j) modify, adapt, translate, or reverse engineer any portion of the Websites;
- (k) use any device, software, or routine that interferes with the proper working of the Websites;
- (l) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- (m) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Websites, including any server on which the Websites are stored, or any server, computer, or database connected to the Websites;
- (n) attack the Websites via a denial-of-service attack or a distributed denial-of-service attack;
- (o) otherwise attempt to interfere with the proper working of the Websites; and
- (p) encourage or enable any other person to do any of the foregoing.
Although SWG is not obligated to monitor access to or use of the Websites, we have the right to do so for the purpose of operating and updating the Websites, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Websites, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Websites to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Websites, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
5. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Websites. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Websites, or by anyone who may be informed of any of the contents of the Websites.
6. Links to and from the Websites
You may link to our Websites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Websites contain links to other sites and resources provided by third-parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
7. Updates and Changes to the Websites and Unavailability of the Websites
We reserve the right to withdraw or modify the Websites in our sole discretion without notice. We will not be liable if for any reason all or any part of the Websites is unavailable at any time or for any period.
8. Termination
We may terminate your access to and use of the Websites, at our sole discretion, at any time and without notice to you. Upon termination of the Websites, Sections 2 (Intellectual Property Rights), 3 (Feedback), 5 (Reliance on Information Posted), 6 (Links to and from the Websites), 7 (Updates and Changes to the Websites and Unavailability of the Websites), 9 (Disclaimer of Warranties), 10 (Limitation of Liability), 11 (Indemnification), 12 (Governing Law and Jurisdiction), 13 (Waiver and Severability), and 14 (Entire Agreement) will survive such termination.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITES ARE PROVIDED BY SWG ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SWG DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER SWG NOR ANYONE ASSOCIATED WITH SWG REPRESENTS OR WARRANTS THAT THE WEBSITES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE WEBSITES, OR ELECTRONIC COMMUNICATIONS SENT FROM SWG REGARDING THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SWG, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE WEBSITES OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL SWG’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE WEBSITES OR THEIR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SWG AND YOU.
11. Indemnification
You agree to defend, indemnify, and hold harmless SWG, its affiliates, licensors, and service providers, and its and their respective shareholders, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Websites.
12. Governing Law and Jurisdiction
All matters relating to the Websites and these Terms of Use and any related dispute or claim will be governed by and construed in accordance with the internal laws of the State of Delaware, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Websites must be instituted exclusively in the federal and state courts located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
13. Waiver and Severability
No waiver by SWG of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SWG to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
14. Entire Agreement
These Terms of Use are the sole and entire agreement between you and SWG regarding the Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
15. Changes to these Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. If you continue to use our Websites, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.
16. Your Comments and Concerns
If you have any questions about the Websites or these Terms of Use, please contact us at [email protected].
