Terms of Service
The terms of this agreement ("Terms of Service") govern the relationship between you and Wise Goose Games, a USA company having its registered office in Marina California, USA, (hereinafter "Wise Goose Games" or "Us" or "We") regarding your use of Wise Goose Games games, sites and related services (the "Service"). Use of the Service is also governed by Wise Goose Games Privacy Policy and other relevant policies, which are incorporated herein by reference.
Before accessing or using the Service, including browsing any Wise Goose Games website or accessing a game, you must agree to these Terms of Service and the Privacy Policy. A Guest logon option is available to you for the use of the Service and you may also logon through your existing Facebook account on the Service. By logging on through these two options, you affirm that you are the legal age of majority in your state of residence. If you are not, your legal guardian must review and agree to these Terms of Service.
BY INSTALLING, USING OR OTHERWISE ACCESSING THE SERVICE, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.
IMPORTANT NOTICE: For U.S. residents, you also agree that disputes with Wise Goose Games must be resolved on an individual basis through final and binding arbitration as described in Section 8 ("Dispute Resolution").
Wise Goose Games reserves the right, at its discretion, to change, modify, add or remove portions of these Terms of Service, its Privacy and Cookie Policy and other relevant Wise Goose Games policies at any time by posting the amended terms on the Service. You will be deemed to have accepted such changes by continuing to use the Service.
1. Using the Service
1.1. Your Right to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Wise Goose Games policies, you have a non-exclusive, non-transferable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes.
The following restrictions apply to the use of the Service:
- You accept full responsibility for any unauthorized use of the Service by minors
- You are responsible for any use of your credit card or other payment instrument by minors
- You shall not purchase, sell, rent or give away your access using a false identity
- You shall not use the Service if you have previously been removed by Wise Goose Games
- You shall not use the Service to advertise, solicit, or transmit commercial advertisements
Login Information
You will have the option to logon using your existing Facebook account or as a Guest. You shall not share your Login Information, nor let anyone else have access or do anything else that might jeopardize the security of the gaming application. You are solely responsible for maintaining the confidentiality of the Login Information.
Use Limitations
Any use of the Service in violation of these Use Limitations is strictly prohibited and can result in the immediate revocation of your limited right. You agree that you will not, under any circumstances:
- Engage in any act that Wise Goose Games deems to be in conflict with the spirit or intent of the Service
- Use cheats, exploits, automation software, bots, hacks, mods or unauthorized third-party software
- Modify any files that are part of the Service without express written consent
- Disrupt, interfere with or adversely affect the normal flow of the Service
- Institute any type of attack, including distribution of viruses or denial of service attacks
- Attempt to gain unauthorized access to the Service or connected systems
- Post abusive, threatening, obscene, defamatory, or objectionable information
- Harass, abuse, or harm other users or Wise Goose Games employees
- Infringe any copyright, trademark, patent, or other intellectual property rights
- Reverse engineer, decompile, or disassemble any underlying software
- Collect or post anyone's private information
- Use any Wise Goose Games game for gambling or betting activities
1.2. Suspension and Termination of Access and Service
WITHOUT LIMITING ANY OTHER REMEDIES, Wise Goose Games MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCESS TO THE SERVICE OR PORTIONS THEREOF WITH OR WITHOUT NOTICE TO YOU if you are failing to comply with these Terms of Service or for any actual or suspected illegal or improper use of the Service.
Wise Goose Games reserves the right to terminate user access that has been inactive for 180 days. Wise Goose Games reserves the right to stop offering and/or supporting the Service at any time, at which point your right to use the Service will be automatically terminated.
2. Ownership
2.1. Games and Service
All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation) are owned by Wise Goose Games.
2.2. Wise Goose Games Gaming Apps
YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN WISE GOOSE GAMES GAMING APPS, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE GAMING APPS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF WISE GOOSE GAMES.
2.3. Virtual Content
Wise Goose Games owns, has licensed, or otherwise has rights to use all of the content that appears in the Service or in Wise Goose Games games. You agree that you have no right or title in or to any content that appears in the Service, including virtual items, content, features, goods, services or currency.
3. User Content
3.1. Submission of User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a Wise Goose Games game client or the Service. By transmitting or submitting any User Content, you affirm, represent and warrant that such transmission or submission is accurate, not confidential or misleading, not in violation of any laws, and free of viruses or malicious code.
3.1.1. Content Screening
Wise Goose Games assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. By using the Service, you may be exposed to User Content that is offensive or indecent.
3.2. Information Use by Other Members of the Service
The Service may include various forums, blogs and chat features where you can post User Content. Wise Goose Games cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential, do not post it on the Service.
3.3. Your License to Wise Goose Games
You hereby grant to Wise Goose Games an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically your User Content in connection with our provision of the Service.
4. Fees and Purchase Terms
4.1. Purchases
In the Service you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable right to use virtual currency, virtual in-game items, content or features, and other goods or services ("Virtual Items").
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE.
4.2. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using access registered to you. YOU ACKNOWLEDGE THAT WISE GOOSE GAMES IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED.
5. Updates to the Service
You understand that the Service is an evolving one. Wise Goose Games may require that you accept updates to the Service and to Wise Goose Games games you have installed on your device or computer. You acknowledge and agree that Wise Goose Games may update the Service and games, with or without notifying you.
6. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. Wise Goose Games does not warrant that you will be able to access or use the Service at the times or locations of your choosing; that the Service will be uninterrupted or error-free; that defects will be corrected; or that the game or the Service are free of viruses or other harmful components.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISE GOOSE GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION.
You agree to indemnify, defend and hold Wise Goose Games harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service.
8. Dispute Resolution
Sections 8.1 to 8.6 apply to you if you are a resident of the United States.
8.1. Informal Dispute Resolution
You must try to informally resolve any dispute directly with Wise Goose Games for at least thirty (30) days before you start arbitration. The informal dispute resolution process starts when you give Wise Goose Games written notice of the dispute through support@wisegoosegames.com.
8.2. Arbitration Agreement
You and Wise Goose Games agree to resolve any disputes exclusively in final and binding arbitration. Either you or Wise Goose Games may choose to submit any dispute for resolution exclusively by final and binding arbitration unless the claim is within the exceptions described below.
8.3. Arbitration Process
The arbitration will be run by the American Arbitration Association ("AAA"). The arbitration will take place either in Marina California, USA or in the state where you reside.
8.4. Exceptions to Agreement to Arbitrate
The arbitration agreement will not apply to claims about Wise Goose Games intellectual property, claims related to piracy or tortious interference, claims in small claims court, and other specified exceptions.
8.5. No Class Actions
You and Wise Goose Games agree that we can only bring claims against each other on an individual basis. You cannot bring a claim against Wise Goose Games as a plaintiff or class member in a class, collective, consolidated, or representative action.
8.6. Opt-Out of Arbitration Agreement
You can choose to opt out of the Arbitration Agreement and No Class Action provisions by sending written notice to support@wisegoosegames.com with the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT" within thirty (30) days of your first use of the Service.
9. Applicable Law
Any dispute arising out of or related to these Terms of Service, the Privacy and Cookie Policy, or the Service shall be governed in all respects by the laws of the State of Illinois, USA without regard to conflict of law provisions.
10. Venue for Disputes Not Subject to Arbitration
You agree that any claim or dispute you may have against Wise Goose Games that is not subject to arbitration must be resolved exclusively by a federal or state court located in Marina, California.
11. General Provisions
11.1. Assignment
Wise Goose Games may assign or delegate these Terms of Service, 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 under the Terms of Service without Wise Goose Games prior written consent.
11.2. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated by reference herein (including the Wise Goose Games Privacy and Cookie Policy), contain the entire understanding of you and Wise Goose Games.
11.3. Notices
We may notify you via postings in our games, on wisegoosegames.com, via e-mail or any other communications means. All notices given by you shall be in writing and addressed to support@wisegoosegames.com.
11.4. Video Privacy Protection Act (VPPA) Consent
By using the Service, you acknowledge and agree that Wise Goose Games may collect, process, and disclose video or audiovisual content information in accordance with our Privacy Policy. You expressly consent to Wise Goose Games' collection, use, and disclosure of such information as permitted under the Video Privacy Protection Act. You may withdraw this consent at any time by contacting us at support@wisegoosegames.com.
Contact Information
If you have questions about these Terms of Service, please contact us at support@wisegoosegames.com.