Terms of Use

Definitions

• “Use” shall mean any accessing and/or viewing and/or visiting and/or browsing the Website, through any computer, device or any other source, for any purpose. The Use of the Website is free of charge.
• “Game” shall mean “Wharf Street Studios” which can be downloaded from the Website, Playstore and Appstore.
• “Website” shall mean Wharf Street Studios's website: www.wharfstreetstudios.com, which enables Users to download Wharf Street Studios's application called “Wharf Street Studios” (the “App”) and includes a Forum (the “Forum”), where You can post User Content, including your observations and comments on designated topics.
• “Purpose” shall mean legal and non-commercial purpose of participating in the Game for self-amusement and self-entertainment.
• “Nickname” a user name selected by You when creating an Account.

Limited License to Use the Website

• Subject to Your agreement and continuing compliance with these Terms of Use and any other relevant Wharf Street Studios policies, Wharf Street Studios grants You a non-exclusive, non-transferable, non-sub licensable, revocable and limited license (“Limited License”) to Use the Website for the Purpose only.
• Wharf Street Studios does not grant to You any license or right except for those expressly granted in these Terms of Use. You agree not to Use the Website for any other purpose other than the Purpose expressly permitted by these Terms of Use.
• Any violation of these Terms of Use, including the Restrictions of Use (as defined below), is strictly prohibited, can result in the immediate revocation of Your Limited License and may subject You to liability for violations of any applicable law.
• Wharf Street Studios reserves the right to determine what conduct it considered as violation of the Terms of Use and/or the Restrictions of Use, and reserves the right to take any action as a result of such conduct, which may include termination of Your Limited License and prohibition from Using the Website in whole or in part.

Restrictions of Use

You agree not to, and not attempt to, under any circumstances, do any of the following while Using the Website (“Restrictions of Use”):

• Violate any law, any rights of Wharf Street Studios or any other person or otherwise misuse or inappropriately Use the Website, or to engage in any illegal conduct.
• Engage in any act or Use the Website in such manner that Wharf Street Studios considers, in its sole discretion, to be harmful in any way to the Website or to its User's enjoyment of the Website, or which are in conflict with the spirit or intent of the Website.
• Copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Website or any part of it.
• Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Website or the Game, or to obtain any information from the Website or the Game using any method.
• Use the Website if You have previously been removed by Wharf Street Studios, or previously been banned from playing the Game.
• Use the Website for any commercial purpose, including without limitation, attempt to raise money for any party or any purpose or advertise, promote or attempt to trade or sell any product or service of any kind, or perform market research on the Website.
• Cheat or use or participate in the use, directly or indirectly, of automation software programs, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Website or in the Game.
• Initiate, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Website/Game, or other attempts to disrupt the Website/Game or any other person's Use or enjoyment of the Website/Game.
• Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.
• Gain unauthorized access to the Website, through Accounts registered to others or to the computers, servers, or networks connected to the Website by any means other than the User interface provided by Wharf Street Studios.
• Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior.
• Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including Wharf Street Studios employees, including Wharf Street Studios customer service representatives.
• Make available through the Website any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person.
• Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information.

You shall monitor Your Account to restrict Use and You will deny access to persons under the age of 16. You accept full responsibility for any unauthorized use of Your Account by persons under the age of 16.

Intellectual Property Rights

• All rights, title and interest in and to the Website and the Game, including without limitation any game, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, trademarks, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a User, the Wharf Street Studios clients and server software (“Wharf Street Studios Intellectual Property”) are and shall be solely owned by Wharf Street Studios.
• YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE WEBSITE OR IN WHARF STREET STUDIOS INTELLECTUAL PROPERTY, AND THAT ALL RIGHTS IN THE WEBSITE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WHARF STREET STUDIOS.
• Notwithstanding any provision to the contrary, You agree that You have no right or title in or to any content that appears in the Website, including without limitation the Virtual Items appearing or originating in the Game, whether earned in the Game or purchased from third party, or any other attributes associated with an Account or stored on the Website.

User Content

• The Website may enable You and other Users to create, post, display and transmit contents, images, texts, communications, sounds, data, and other information (“User Content”). By inserting or uploading any User Content while using the Website, You represent and warrant that such insert and upload is accurate and not confidential or misleading, free of viruses, adware, spyware, worms or other malicious code, not in violation of any laws, contractual restrictions or other third party rights, and that You have permission from any third party whose personal information or intellectual property is comprised in the User Content.
• You also acknowledge and agree that any of Your personal information and non-personal information within such User Content will be processed by Wharf Street Studios in accordance with the Privacy Policy.
• You are solely responsible for the information that You provide to others or post on, through or in connection with the Website. Wharf Street Studios reserves the right to review, monitor, prohibit, edit, delete, disable access, refuse to post, remove to or otherwise make unavailable any User Content without notice for any reason or for no reason.
• We do not, and cannot, pre-screen or monitor all User Content. By using the Website, You may be exposed to User Content that is offensive, indecent or otherwise not in line with Your expectations. Your use of the Website is at Your own risk and You bear all risks associated with the Use of any User Content available in connection with the Website.
• Wharf Street Studios does not claim any ownership rights in Your User Content and nothing in these Terms of Use is intended to restrict any rights that You may have to use and exploit Your User Content.
• In order to create an Account and participate in the Game, You shall be required to select a Nickname. Wharf Street Studios reserves the right to remove or reclaim any Nickname at any time and for any reason, including but not limited to claims by a third party that a Nickname violates the third party's rights.

User Interactions

• The Website may enable You and other Users to communicate and interact with each other through a chat box or the Forum. You agree that You are solely responsible for Your interactions with other Users of the Website and any other parties with whom You interact through the Website and The Game.
• If You have a dispute with any User, You hereby release Wharf Street Studios and its officers, directors, agents, subsidiaries, joint ventures and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Wharf Street Studios reserves the right, but has no obligation, to become involved in any way with these disputes.

Fees and Purchases

• The Use of the Game is free of charge. However, the Website may enable You and other Users to purchase, with actual “real world” money, virtual “diamonds” or “gold” for Use in the Game (“Virtual Items”) and other goods or services (“Merchandise”), all throughout third party platforms, such as the “Apple App Store” or “Google Play”.
• You are only allowed to purchase Virtual Items from our authorized partners through the Website or the App and not in any other way.
• You agree to pay all fees and applicable taxes incurred by You or anyone using the Website and/or an Account registered to You.
• You agree that all sales and redemptions of Virtual Items and/or Merchandise are final and non-refundable, unless the applicable third party shall decide at its sole discretion to provide You with a refund.

Termination

• You may terminate Your Use at any time and for any reason by deleting Your Account.
• Wharf Street Studios may terminate Your Use of the Website at any time and for any reason and We may notify authorities or take any actions it deems appropriate, without notice to You, if We suspect or determine that You may have (i) failed to comply with any provision of these Terms of Use or the Privacy Policy; or (ii) engaged in actions relating to or in the course of Using the Website that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption.
• Upon such termination, You agree not to Use the Website (including any subsequent version of the Website), or to register for any new Accounts. The Limited License granted to You will terminate immediately; You must immediately cease all Use of the Website.
• You may, as the result of termination, lose Your Account and all information and data associated therewith, including without limitation Virtual Items and Merchandise purchased by You. You will not be entitled to and Wharf Street Studios will not be liable for any refund as a result of any termination.

No Warranty and Disclaimers

Limitation of Liability

Wharf Street Studios shall not be liable for any delay or failure to perform any of its obligations resulting from causes outside the reasonable control of Wharf Street Studios, including without limitation due to unforeseen circumstances or cause beyond Wharf Street Studios's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Some jurisdictions may not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above limitations and disclaimers may not apply to You.

Release and Indemnification

Miscellaneous

• These Terms of Use, the Privacy Policy and any of Wharf Street Studios policies contain the entire understanding of You and Wharf Street Studios, and supersede all prior understandings relating to the subject matter hereof.
• If any part of these Terms of Use is found illegal or unenforceable, such provision shall be ineffective solely to the extent of such determination of invalidity without affecting the remaining provisions.
• Wharf Street Studios may assign or delegate these Terms of Use, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations without Wharf Street Studios's prior written consent.
• The failure of Wharf Street Studios to require or enforce performance by You of any provision shall not be construed as a waiver of Wharf Street Studios's right to assert or rely upon any such provision.
• Governing Law: These Terms of Use and any act or matter related thereto will be governed by the laws of the UK without regard to its conflict of laws provisions. You agree that any claim or dispute must be resolved exclusively by a court located in UK.

Contact Us

If you have any question or problem regarding these Terms of Use, please contact us by sending us an email to: admin@wharfstreetstudios.com and we will make sure to provide You with an answer and assistance in resolving the issue.