YOU SHOULD CAREFULLY READ THE FOLLOWING WAStickerApps TERMS OF USE AGREEMENT (THE "TERMS
OF USE" OR "AGREEMENT").
THIS AGREEMENT INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT WILL
IMPACT YOUR DISPUTE RESOLUTION.
IF YOU DO NOT AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT USE
ANY SERVICE WAStickerApps PROVIDES. YOU WILL NOT BE ELIGIBLE FOR A REFUND.
1.1. Governing Agreement
Welcome to WAStickerApps and WAStickerApps's Games. The Games include two
components: (a) the software program along with any accompanying materials or
documentation (collectively, the "Games Clients"), and (b) WAStickerApps's proprietary
online service (the "Services"). The terms of this agreement ("Terms of Service") govern
the relationship between you and WAStickerApps. and its affiliated companies
(hereinafter "WAStickerApps" or "Us" or "We") regarding your use of WAStickerApps's
services, which include accessing the Games clients and the Services. Your use of the
Services is subject to the Terms of Use and the End User License Agreement (the "EULA"),
incorporated herein by this reference, both of which you must accept before you can use
the Games Client or the Services. If you do not agree to these Terms of Service or any
changes or updates, your only remedy is not to use the applicable site and to
immediately cease using any accounts or Services you have signed up for. Your continued
use of the Games Services after a change or update has been made to the Terms of Service
will constitute your acceptance of such change or update. If you violate our Terms of
Service, we may issue you a warning about the violation, or we may choose to immediately
terminate or suspend any and all accounts that you have established. You acknowledge
that WAStickerApps is not required to provide you notice before terminating or
suspending your Service(s), but it may choose to do so. WAStickerApps reserves the right
to deny, in its sole discretion, any user access to the Games Services without notice
for any or no reason (including, without limitation, for violation of these Terms of
Service).
You further acknowledge that, while WAStickerApps may act to enforce these Terms
of Service against any user who violates them, including using the means described in
this paragraph, WAStickerApps is not required to do so, and it shall not constitute a
breach of these Terms of Service if WAStickerApps does not take action against to
enforce these Terms of Service against one or more users who have violated them or are
accused of violating them.
1.2. Privacy Policy
Use of the Service is also governed by WAStickerApps's Privacy Policy, which is
incorporated herein by reference. We encourage you to read the Privacy Policy, which you
can find here to be determined and use it to help make informed decisions. By creating
an account or accessing or using the Services you accept and agree to be bound by these
Terms of Service and Privacy Policy.
1.3. Updates to the Terms of Service and Privacy Policy
WAStickerApps reserves the right, at our discretion, to change, modify, add or
remove portions of these Terms of Service and its Privacy Policy at any time by updating
the same and providing players an in game notice of the updated Terms. WAStickerApps
will provide you with notice, such as an e-mail message or messaging within the
Services, of any changes. You will be required to accept such changes to continue use of
the Services. Except as otherwise stated, all amended terms shall automatically be
effective when they are initially posted. WAStickerApps reserves the right to further
amend other policies, codes or rules at any time. This agreement may not be otherwise
amended except in writing hand signed by you and us. For purposes of this provision,
"writing" does not include an e-mail message and a signature does not include an
electronic signature. Users are responsible for regularly reviewing the Terms of Service
and Privacy Policy. The most current version of the Terms of Service and Privacy Policy
can be reviewed by clicking on the "Terms of Service" and "Privacy Policy" hypertext
link located at the websites of the Games. If at any point you do not agree to any
portion of the then-current version of our Terms of Service, the Privacy Policy, or our
rules or codes of conduct relating to your use of the Services, your license to use the
Services shall immediately terminate, and you must immediately stop using the Services.
To the extent the Terms of Service or Privacy Policy conflict with any other
WAStickerApps terms, policy, rules or codes of conduct, the terms contained in these
Terms of Service and the Privacy Policy shall govern.
1.4. Grant of a Limited License to Use the Service
Subject to your agreement and continuing compliance with these Terms of Service
and any other relevant policies, such as the Forum Rules or in-game code of conduct,
WAStickerApps grants you a non-exclusive, non-transferable, revocable limited license to
use the Games Services solely for the purpose of viewing and using the applicable
Services and for no other purpose whatsoever subject to the limitations in Sections
1.5-1.8 to access and use the Services using a supported web browser solely for your own
non-commercial entertainment purposes by accessing it with an authorized, unmodified
game clients through the Games portal. You agree not to use the Services for any other
purpose.
You acknowledge that the time that you spend on the Games Clients and Services
is solely for your personal entertainment purposes, and that no monetary value can be
attributed to such time. In particular, but without limitation, you understand that
value cannot and shall not be attributed to the time that you may spend accumulating
In-Game Enhancements such as Game Items, points, medals or other digital and/or virtual
features.
1.5. Accessing the Services
Before accessing or using the Services, including the game clients through their
respective portals or accessing a game, you must provide your unambiguous and express
assent to these Terms of Service and the Privacy Policy. You may do this by clicking the
"I Agree" box. You may also be required to register an account on the Forums (an
"Account"). If you are between the ages of 13 and 17, you represent that your legal
guardian has reviewed and agreed to these Terms.
The WAStickerApps Websites and/or Services may contain links to other websites
that are owned or operated by third parties (referred to in our Terms of Service as
"Linked Sites"). When you click on any link for a Linked Site and/or visit a Linked
Site's website, you should be aware that you are leaving a WAStickerApps Website, and
this Policy does not apply to any such Linked Sites. Additionally, if you use our
Services on or through a Third Party Platform, including via any Wireless Devices, your
privacy will also be subject to the privacy policies and terms of service of the Third
Party Platform. We do not control and are not responsible for the terms of service,
privacy policies and/or practices of any Linked Sites or any Third Party Platform you
may use to access the Websites and/or Services, and you should review the policies and
agreements of such Linked Sites and/or Third Party Platforms carefully. WAStickerApps
may collect and analyze user data, including IP addresses and device information, to
detect and prevent fraudulent activities as well as other needs. By using the Services,
you consent to such data collection and analysis for administrative, security and
enforcement purposes, in accordance with our Privacy Policy.
1.6. Use of the Services
The following restrictions apply to the use of the Services:
1. You shall not create an Account or access the Services if you are under the
age of 13;
2. You shall monitor your Account to restrict use by minors, and you will deny
access to children under the age of 13. You accept full responsibility for any
unauthorized use of the Services by minors. You are responsible for any use of your
credit card or other payment instrument (e.g. PayPal) by minors;
3. You shall not have more than one Account at any given time, and shall not
create an account using a false identity or information, or on behalf of someone other
than yourself;
4. You shall not create an Account or use the Services if you are a convicted
sex offender;
5. You shall not have an Account or use the Services if WAStickerApps has
previously banned you;
6. You shall use your Account only for non-commercial purposes;
7. You shall not use your Account to advertise, or solicit, or transmit any
commercial advertisements, including chain letters, junk e-mail or repetitive messages
(email or message spam) to anyone;
8. You shall not use your Account to engage in any illegal conduct;
9. You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer
your Account or any virtual features associated with your Account to anyone at any time;
and
10. You shall not access or use an Account that has been rented, leased, sold,
traded, gifted, bequeathed, or otherwise transferred from the Account creator.
11. If you access the Services from Facebook you shall comply with its terms of
service/use as well as these Terms of Service.
1.7. Account Information/Username and Password
When creating or updating an Account on the Services, you are required to
provide WAStickerApps with certain information, which includes an e-mail address, and a
user selected password. This information will be held and used in accordance with
WAStickerApps's Privacy Policy. You agree that you will supply accurate and complete
information to WAStickerApps, and that you will update that information promptly after
it changes.
The following rules govern the security of your Login Information:
1. You shall not share the Account or the Login Information, nor let anyone else
access your account or do anything else that might jeopardize the security of your
Account;
2. In the event you become aware of or reasonably suspect any breach of
security, including without limitation any loss, theft, or unauthorized disclosure of
the Login Information, you must immediately notify WAStickerApps and modify your Login
Information;
3. You are solely responsible for maintaining the confidentiality of the Login
Information, and you will be responsible for all uses of the Login Information,
including purchases, whether or not authorized by you; and
4. You are responsible for anything that happens through your Account.
To maintain the integrity of the gaming environment, WAStickerApps reserves the
right to implement account verification processes. Users may be required to verify their
identity or account information, especially in cases involving suspicious activities or
potential violations of these Terms. WAStickerApps reserves the right to remove or
reclaim any usernames at any time and for any reason, including but not limited to
claims by a third party that a username violates the third party's rights.
1.8. Suspension and Termination of Account and Service
WITHOUT LIMITING ANY OTHER REMEDIES, WAStickerApps MAY, BUT IS NOT REQUIRED TO,
LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICES OR
PORTIONS THEREOF IF YOU ARE, OR WAStickerApps SUSPECTS THAT YOU ARE, FAILING TO COMPLY
WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER
USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND
PERSONA AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS,
PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE,
AND WAStickerApps IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR
RESULTS.
WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY, BUT ARE NOT REQUIRED TO, LIMIT,
SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS
TO THE GAME SITES AND SERVICE AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM
ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL
LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF WAStickerApps, THIRD
PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.
ADDITIONALLY, WE MAY, BUT ARE NOT REQUIRED TO, IN APPROPRIATE CIRCUMSTANCES AND AT OUR
SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
Initiating fraudulent refund requests or participating in schemes involving
unauthorized third-party sellers to obtain in-game items or currency at discounted rates
is strictly prohibited. Violations may lead to corrective actions, including:
• Deduction of in-game currency equivalent to the refunded amount, potentially
resulting in a negative balance.
• Restrictions on account functionalities until the negative balance is
rectified.
• Permanent account suspension for repeated offenses.
WAStickerApps reserves the right to stop offering and/or supporting the Services
at any time, at which point your license to use the Services or a part thereof will be
automatically terminated. In such event, WAStickerApps shall not be required to provide
refunds, benefits or other compensation to users in connection with such discontinued
Services.
1.9. Ownership
1.9.1. Games and Service
All rights and title in and to the Services (including without limitation any
user accounts, titles, computer code, themes, objects, characters, character names,
stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral rights, any
related documentation, "applets" incorporated into the Games Client, character profile
information, recordings of games played using the Games Client, and the Games Client and
server software) are owned by WAStickerApps or its licensors. The Games and the Services
are protected by United States and international laws, and may contain certain licensed
materials in which WAStickerApps's licensors may enforce their rights in the event of
any violation of this Agreement.
WAStickerApps owns, has licensed, or otherwise has rights to use all of the content that
appears in the Services and Game. Notwithstanding any provision to the contrary herein,
you agree that you have no right or title in or to any content that appears in the
Services, including without limitation the virtual enhancements or currency appearing or
originating in the Services and Games, whether earned in a game or purchased from
WAStickerApps, or any other attributes associated with an Account or stored on the
Services.
WAStickerApps does not recognize the transfer of game accounts. You may not
purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any
Account, and any such attempt shall be null and void. WAStickerApps owns, has licensed,
or otherwise has rights to all of the content that appears in the Games. You agree that
you have no right or title in or to any such content, including without limitation the
virtual enhancements or currency appearing or originating in the Games, or any other
attributes associated with the Account or stored on the Services. WAStickerApps does not
recognize any purported transfers of virtual goods executed outside of the Games, or the
purported sale, gift or trade in the "real world" of anything that appears or originates
in the Games. Accordingly, you may not sell in-game enhancements or currency for "real"
money, or exchange those items or currency for value outside of the Games. Any such
transfer or attempted transfer is prohibited and void, and will subject your Account to
termination.
In the Services you may purchase, with "real world" money, a license to use (a)
"virtual enhancements", including but not limited to Gems for use in the Services and
Games; and (b) other goods or services ("Merchandise").
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ENHANCEMENTS MADE THROUGH THE SERVICE
ARE NON-REFUNDABLE.
You can order Virtual Enhancements by visiting the In-Game Shops, accessing a
third party payment gateway, confirming the particulars of your purchase and
re-affirming your agreement to these Terms. When you place an order to purchase Virtual
Enhancements from our Service, you will receive an in-game confirmatory message that
will contain details of the items you have ordered.
For Virtual Enhancements, your order will represent an offer to us to purchase
the relevant product(s) which will be accepted by us when we make the Virtual
Enhancements available in your account for you to use in our games or debit your credit
card or other accepted/approved payment method, whichever comes first.
The provision of Virtual Enhancements for use in the Services and Games is a
service provided by WAStickerApps that commences immediately upon acceptance by
WAStickerApps of your purchase. By ordering Virtual Enhancements you agree and accept
that WAStickerApps will provide them to you immediately following completion of your
purchase. If you reside in the European Union and you purchase an enhancement from
WAStickerApps, you have the right to withdraw from a purchase within seven calendar
days, commencing on the day after the date of purchase (the "Cooling Off Period").
However, you lose your right of withdrawal if the performance or use of the enhancements
begins before the end of the Cooling Off Period. No such Cooling Off Period applies to
other jurisdictions and all purchases and redemptions of Virtual Enhancements are
considered final and non-refundable upon delivery of the Virtual Enhancements to your
account. You acknowledge and agree that, under no circumstances will refunds be issued
by WAStickerApps.
2.1. Payment of Fees
You agree to pay all fees and applicable taxes incurred by you or anyone using
an Account registered to you. WAStickerApps may revise the pricing for the goods and
services offered through the Services at any time. YOU ACKNOWLEDGE THAT WAStickerApps IS
NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR
OTHER COMPENSATION FOR UNUSED VIRTUAL ENHANCEMENTS WHEN AN ACCOUNT IS CLOSED, WHETHER
SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
You understand that the Services are an evolving one. WAStickerApps requires that you
accept updates to the Services and to the Games as they occur. You acknowledge and agree
that WAStickerApps may update the Services and Games and will provide you with notice
when updates are made. You may need to update third party software from time to time in
order to use the Services and play the Games.
3.1. DISCLAIMERS / LIMITATIONS / WAIVERS / INDEMNIFICATION
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO
THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE
SHORTER OF THIRTY DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
WITHOUT LIMITING THE FOREGOING, NEITHER WAStickerApps NOR ITS AFFILIATES,
LICENSEES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS,
THIRD-PARTY CONTENT PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY,
"WAStickerApps PARTIES") WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
3.2. LIMITATIONS; WAIVERS OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY
APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL
DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE
SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT
LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING
NEGLIGENCE) AND THAT THE WAStickerApps PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING
OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE WAStickerApps PARTIES ARE NOT
LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE WAStickerApps PARTIES LIABLE, FOR THE
CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL
SITES, AND THAT THE RISK OF THE SERVICE AND EXTERNAL SITES AND OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
3.3. Indemnification
You agree to indemnify, save, and hold WAStickerApps, its affiliated companies,
licensees, contractors, employees, agents and its third-party suppliers, licensors, and
partners harmless from any claims, losses, damages, liabilities, including legal fees
and expenses, arising out of your use or misuse of the Services, any violation by you of
these Terms of Service, or any breach of the representations, warranties, and covenants
made by you herein. WAStickerApps reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify
WAStickerApps, and you agree to cooperate with WAStickerApps's defense of these claims.
You agree that the provisions in this paragraph will survive any termination of
your Account(s) or of the Services.
4.1. General
Our goal is to provide you with a neutral and cost effective means of resolving
any dispute with WAStickerApps quickly. Accordingly, if a dispute arises between you and
WAStickerApps, you and WAStickerApps agree to first attempt to resolve the dispute
informally using WAStickerApps' Customer Support team and agree to allow WAStickerApps
90 days to resolve your dispute informally, as described below. Any arbitration or
lawsuit filed prior to 90 days after you submit your dispute in writing WAStickerApps'
Customer Support team shall be subject to immediate dismissal, and the arbitrator shall
not have jurisdiction to take any action on such a claim except to immediately dismiss
it without prejudice as untimely. Additionally, the arbitrator may exercise their
discretion to enforce Section 4.4 below. In the event an informal resolution cannot be
achieved within 90 days, you and WAStickerApps agree that we will resolve any claim or
controversy at law or equity that arises out of this Agreement or our services (a
"Claim") in accordance with one of the subsections below or as you and we otherwise
agree in writing.
4.2. Law and Forum for Legal Disputes
This Agreement is governed by and construed in accordance with the laws of the
State of California, without giving effect to its principles of conflicts of law.
4.3. Customer Feedback, Queries and Complaints
If you have any feedback, questions, or complaints, we suggest you first use the
in-app Customer Service support ticket functionality. You may also write to Customer
Service at [email protected]. When you contact us please provide us with your
name, address, and any other information we may need to identify you, your WAStickerApps
Account, and the transaction on which you have feedback, questions, or complaints. If
you believe your account has been compromised, you may also report your claim by using
the WAStickerApps support ticket system.
We will own exclusive rights, including all intellectual property rights, to any
feedback, suggestions, ideas or other information or materials regarding WAStickerApps
or our Services that you provide, whether by email, posting through our Services or
otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the
sole property of WAStickerApps. We will be entitled to the unrestricted use and
dissemination of such Feedback for any purpose, commercial or otherwise, without
acknowledgment or compensation to you. You waive any rights you may have to the Feedback
(including any copyrights or moral rights). We also have the right to disclose your
identity to any third party who is claiming that any content posted by you constitutes a
violation of their intellectual property rights, or of their right to privacy. We have
the right to remove any posting you make on our website if, in our opinion, your post
does not comply with the content standards set out in this section.
4.3.1 Information Negotiations
You and WAStickerApps shall first attempt to resolve any Dispute informally for
at least 60 days before initiating mediation, and then arbitration. The informal
negotiations commence upon receipt of written notice from one person to the other
("Notice of Dispute"). The Notice of Dispute must: (a) include the full name and contact
information of the complaining party; (b) describe the nature and basis of the claim or
dispute; and (c) set forth the specific relief sought.
We will send our Notice of Dispute Demand for Informal Negotiations to your
billing or email address.
You will send your Notice of Dispute Demand for Informal Negotiations by email
to [email protected].
Most disputes are resolved by our customer service team but for whatever reason
they are unable to solve the issue, you will be provided an opportunity to escalate the
matter to our legal team.
4.3.2 Class Action Waiver
The parties waive any right to assert any claims against the other party as a
representative or member in any class or representative action, except where such waiver
is prohibited by law or deemed by a court of law to be against public policy.
You and WAStickerApps agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
6.1. Assignment
WAStickerApps may assign or delegate these Terms of Service and/or the Privacy
Policy, 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 or Privacy Policy without WAStickerApps's prior written consent, and any
unauthorized assignment and delegation by you is ineffective.
6.2. Supplemental Policies
WAStickerApps 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.
6.3. Entire Agreement
These Terms of Service, any Supplemental Policies and any documents expressly
incorporated by reference herein (including the Privacy Policy), contain the entire
understanding of you and WAStickerApps, and supersede all prior understandings of the
parties hereto relating to the subject matter hereof, whether electronic, oral or
written, or whether established by custom, practice, policy or precedent, between you
and us with respect to the Services.
6.4. No Waiver
The failure of WAStickerApps to require or enforce strict performance by you of
any provision of these Terms of Service or the Privacy Policy or failure to exercise any
right under them shall not be construed as a waiver or relinquishment of WAStickerApps's
right to assert or rely upon any such provision or right in that or any other instance.
The express waiver by WAStickerApps of any provision, condition, or requirement
of these Terms of Service or the WAStickerApps Privacy Policy shall not constitute a
waiver of any future obligation to comply with such provision, condition or requirement.
Except as expressly and specifically set forth in these Terms of Service, no
representations, statements, consents, waivers, or other acts or omissions by
WAStickerApps shall be deemed a modification of these Terms of Service nor legally
binding, unless documented in physical writing, hand signed by You and a duly appointed
officer of WAStickerApps.
6.5. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms
of Service to WAStickerApps are of a unique and irreplaceable nature, the loss of which
shall irreparably harm WAStickerApps and which cannot be replaced by monetary damages
alone so that WAStickerApps shall be entitled to injunctive or other equitable relief
(without the obligations of posting any bond or surety or proof of damages) in the event
of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief,
or to enjoin or restrain the operation of the Services or any WAStickerApps game,
exploitation of any advertising or other materials issued in connection therewith, or
exploitation of the Services or any content or other material used or displayed through
the Services and agree to limit your claims to claims for monetary damages.
6.6. Termination
This Agreement is effective until terminated. You may terminate this Agreement
by terminating the Account and not accessing the Games Client. In the event that you
terminate or breach this Agreement, you will forfeit your right to any and all payments
you may have made. You agree and acknowledge that you are not entitled to any refund for
any amounts, which were pre-paid on behalf of the Account prior to any termination of
this Agreement. WAStickerApps may terminate this Agreement with or without notice by
terminating the Account.
6.7 Force Majeure
WAStickerApps shall not be liable for any delay or failure to perform resulting
from causes outside the reasonable control of WAStickerAppsluding without limitation any
failure to perform hereunder due to unforeseen circumstances or cause beyond
WAStickerApps'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.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE
AGREEMENT AND AGREE THAT MY USE OF THE GAME AND THE SERVICE IS AN ACKNOWLEDGMENT OF MY
AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.