- “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: http://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.
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. You shall also not modify or cause to be modified any files that are a part of the Website or the Game.
- 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. You shall not advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
- 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, or any security feature of the Website or any feature that restricts or enforces limitations on the Use of or access 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, such as any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content
- 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, including without limitation a Wharf Street Studios employee.
- Collect or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial.
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.
- Not withstanding 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 (as defined below) 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.
- 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 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. Wharf Street Studios assumes no responsibility for the conduct of any User inserting or uploading any User Content, and assumes no responsibility for monitoring the Website for inappropriate content or conduct.
- 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.
- 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.
- 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. You will fully cooperate with Wharf Street Studios to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation.
Fees and Purchases.
- As stated above, 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 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. Wharf Street Studios may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. Wharf Street Studios shall have no liability to You or any third party in the event that Wharf Street Studios exercises any such rights.
- YOU ACKNOWLEDGE THAT WHARF STREET STUDIOS IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS OR MERCHANDISE WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
- The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized by Wharf Street Studios. Unless expressly authorized in the Website, You shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Wharf Street Studios, another User or any third party.
General Terms regarding the Platforms.
- You may terminate Your Use at any time and for any reason by deleting Your Account.
No Warranty and Disclaimers.
- YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, DEFECTS AND ERRORS, AND WITHOUT WARRANTIES OF ANY KIND. WHARF STREET STUDIOS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, ARISING BY LAW, OR OTHERWISE, REGARDING THE WEBSITE AND ITS PERFORMANCE, OR SUITABILITY FOR YOUR INTENDED USE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- WITHOUT LIMITING THE FOREGOING, NEITHER WHARF STREET STUDIOS NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, DISTRIBUTORS, LICENSEES OR LICENSORS WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
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. To the extent that Wharf Street Studios may not disclaim any warranty or limit its liability as set forth herein, the scope and duration of such warranty and the extent of Wharf Street Studios’s liability shall be the minimum permitted under such applicable law.
Release and Indemnification.
YOU RELEASE, AND AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS AND AFFILIATES, HARMLESS FROM ALL LIABILITIES, CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEY'S FEES RELATED IN ANY WAY TO YOUR USE OF THIS WEBSITE.
Supercell may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.