Terms of Services
Edit Date: Jan 10, 2024
Effective: January 10, 2024
Thank you for choosing to engage with our games!
PLEASE CAREFULLY REVIEW THESE TERMS OF SERVICE BEFORE PARTICIPATING IN ANY OF OUR GAMES.
THESE TERMS AND CONDITIONS (THE "TERMS") FORM A LEGAL AGREEMENT BETWEEN "YOU" AND WHOOT LIMITED and/or any of its subsidiaries and affiliates (referred to collectively as "WHOOT," "WE," "OUR," or "US").
These Terms of Service outline the permissible ways in which you can utilize our Services. This includes accessing games developed, operated, or published by WHOOT ("Games"), content, materials, or any other webpages, sites, or applications connected and operated by Whoot. This also encompasses social networks and online functionalities associated with Whoot's Services, along with the appropriate use of materials, content, and software developed by Whoot.
For simplicity, each of Whoot’s online services will be referred to as the “Service” or “Services.”
By accessing, downloading, or utilizing any of our Services, including accessing them through third-party Platforms (such as mobile or web platforms, social networking sites, or others), or by clicking on the "I ACCEPT" button, or by completing the registration process for an Account, YOU ASSERT THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS. In jurisdictions where consent is required for WHOOT to process your personal information, you consent to the collection, use, and storage of your information as outlined in WHOOT'S PRIVACY POLICY. (All collectively referred to as "YOUR ACCEPTANCE").
IF YOU DISAGREE WITH THESE TERMS OR FIND THEM UNACCEPTABLE AT ANY TIME, YOU MAY NOT USE OR CONTINUE TO USE THE SERVICE.
IT IS IMPORTANT TO NOTE THAT THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS. IF YOU RESIDE IN THE EUROPEAN UNION OR THE RUSSIAN FEDERATION, PLEASE BE AWARE THAT UNDER CERTAIN CIRCUMSTANCES, YOU MAY BE ABLE TO BRING A DISPUTE BEFORE THE APPROPRIATE AUTHORITIES OR COURTS IN YOUR RESIDENCE COUNTRY.
1. GENERAL USE AND UPDATES
Welcome to our Service! Before you dive in, please take a moment to familiarize yourself with the following terms:
The Service is provided to you through a license and is not sold. Whoot grants you a limited, revocable, and non-transferable right to access and use the Services.
Whoot reserves the right to deny access to the Service to any user without notice, in the event of a violation of these Terms, or for any other reason, as permitted by law. To the fullest extent allowed by law, you acknowledge that Whoot may suspend or terminate the Service, any feature, or application thereof, or modify the content of the Service at any time, for any reason, with or without notice, and without liability.
The Services are designed for users in specific jurisdictions, and compliance with applicable laws is essential. Authorization for the use of Services may not be granted in certain jurisdictions subject to embargoes or economic sanctions.
To use the Services, you must have the legal capacity under applicable law. Whoot may require proof of age, such as your month and/or year of birth, or parental/legal guardian consent at any time. Whoot also reserves the right to block users suspected of being under the applicable age.
Whoot can modify, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Service and notifying you through a banner on the Service or, depending on your account status, via email at Whoot's sole discretion. These Terms take effect thirty (30) days after posting. Your continued use of the Service after Whoot updates the Terms indicates your agreement with all the changes. If you disagree with any updated Terms, please cease using the Service. Keep in mind that expressly designated legal notices or terms located on specific features of the Service may supersede these Terms.
For smooth operation, Whoot may periodically publish in-game rules applicable to specific Games ("Rules and Info"). These are considered integral to these Terms and can be found in the "How to Play" Section of the Games. By using the Service after Whoot applies Rules and Info to Games, you agree to them. If you disagree with any updated Terms and Rules and Info, please discontinue using the Service.
You understand and agree that the Service, including applications, is continually evolving. Whoot may require you to download and install updates to the Service without notice or liability. If system specifications change, you are responsible for obtaining any additional software/hardware needed for the Mobile Application. Please note that when an upgrade is available, previous versions of the Mobile Application may cease to be supported by Whoot.
2. USING OUR SERVICES
(a) Technical Requirements: For a seamless experience with our Services, please ensure that you meet the specific technical requirements outlined for each Service. As you engage with the Service, take a moment to understand the minimum technical requirements necessary to enjoy uninterrupted access.
(b) Visitors and Guests: As a visitor, certain features of the Service are readily accessible without the need for registration. You can explore websites, access public information, and download specific applications without the requirement of creating an account. Additionally, if you prefer, you have the option to play Games as a guest.
(c) Account Registration: To unlock specific features of our Services and Games, becoming a Registered User may be necessary. A "Registered User" refers to someone who has registered an account with us ("Account") or possesses a valid account on a social networking service linked to the Service (a "Third-Party Account"). During the registration process, you may need to provide certain information to obtain an Account identification number. It's crucial to keep your Account details and passwords secure, as further explained in section (g) “Registration” below. To uphold the integrity of our Services, Users, and Whoot, we retain the right to reject or terminate any Account, as outlined in these Terms.
(d) Access through Third-Party Platforms: If you access the Service through a Third-Party Platform, you can seamlessly link your Account with Third-Party Accounts, granting Whoot access according to the applicable terms and conditions. You confirm your entitlement to disclose Third-Party Account login information to Whoot without violating any terms and conditions. You have the flexibility to disable this connection at any time through the "Settings" section of the Application. It's important to note that your relationship with Third-Party Service Providers is governed solely by your agreements with them, and Whoot disclaims liability for personally identifiable information obtained in violation of your Third-Party Account privacy settings.
(e) Subscription and Memberships: Some of our Services offer subscriptions and timely memberships ("Subscription" and "Membership"). Additional terms specific to these options ("Subscription Terms") may apply, including end-user license agreements or payment terms. Fees or Subscription Terms may change with reasonable notice, allowing you to terminate the Subscription before new fees apply. Ensure all information submitted for a Subscription or Membership order is accurate, and you have the necessary authorizations and legal capacity as required by applicable laws. Manage Subscriptions and turn off auto-renewals in device account settings. Subscriptions auto-renew unless terminated in accordance with Third-Party Platforms' terms. Find more information on payment processes, auto-renewal, and cancellations for Mobile Devices in the respective platform's terms:
(f) Referral Programs: Some of our Services feature friend referral programs ("Referral Programs"). Additional terms and rules, along with your required consent, may apply for participation in the Referral Program. By taking part in a Referral Program, you acknowledge and agree to have read and understood the terms, conditions, and rules governing the referral program.
(g) Registration Data: When registering for the Service/s, you commit to (i) providing accurate, current, and complete information about yourself as prompted by the Service's registration form ("Registration Data"), and (ii) maintaining and promptly updating the Registration Data to ensure its accuracy. To the fullest extent permitted by law, you are responsible for all activities under your Account. Protect your Account and password; do not share them with others. Notify Whoot immediately of any unauthorized use or security breach, and log out at the end of each session. Providing untrue, inaccurate, outdated, or incomplete information grants Whoot the right to suspend or terminate your Account and deny any current or future use of the Service. Whoot reserves the right to remove or reclaim any usernames at any time and for any reason, including claims by third parties of username violations.
(h) Network Access: Accessing the Service via a mobile network subjects you to your network or roaming provider's rates and fees. Your network provider may restrict certain services, and not all features of the Service may work with your network provider or device.
3. RULES OF CONDUCT
By using Whoot's Service, you agree NOT to (or solicit another user to):
Act in a way that violates the rules of the Third-Party Platform if access to the Service is made through such a platform.
Create an Account using false identity or information, or on behalf of someone else.
Create an Account or use the Service if you are a convicted sex offender.
Have an Account or use the Service if previously removed or banned by Whoot.
Use your Account, the Site, or Service for advertising or transmitting commercial advertisements.
Engage in any illegal conduct using your Account or Service.
Access another user's account without permission.
Violate any applicable laws, regulations, or these Terms.
Sell, buy, trade, or exploit any part of the Services for commercial purposes, except as stipulated in the Games.
Collect or harvest information about other users.
Post inappropriate, offensive, or harmful material.
Discuss, promote, or depict child sexuality, abuse, exploitation, or related harmful topics.
Use Site or Service features for unintended purposes.
Interfere with or disable security-related features of the Site or Service.
Attempt to decipher, decompile, disassemble, or reverse engineer any part of the Service.
Engage in any other prohibited conduct.
Additionally:
You confirm that you are not in a country subject to governmental embargos or listed as a "terrorist-supporting" country.
You are not listed on any list of prohibited or restricted parties.
Any violation of these limitations is strictly prohibited, may result in license revocation, and could subject you to legal liability. Whoot reserves the right to determine violations and take appropriate actions, including terminating your Account or informing authorities, at its sole discretion.
4. VIRTUAL CURRENCY AND GOODS
Within the framework of our Services, users have the option to procure a license for virtual, in-game currency ("Virtual Currency") and virtual, in-game goods ("Virtual Goods") utilizing real-world currency. This privilege is exclusively extended to legal adults in their respective jurisdictions. The acquisition of Virtual Currency and/or Virtual Goods must be conducted solely through our Services, adhering strictly to the specified guidelines in the Game and Third-Party Account policies. Whoot retains the discretionary right to void or deem voidable any Virtual Currency and/or Virtual Goods obtained outside our Service.
All Virtual Currency and Virtual Goods are deemed final and non-refundable unless explicitly stated otherwise. No ownership rights are conferred upon users for the acquired Virtual Goods and/or Virtual Currency. Virtual Currency can only be redeemed for the purchase of Virtual Goods or items within the Games and is not considered legal tender. It cannot be reloaded, resold, transferred for value, redeemed for cash, obtained through means other than the Service, or applied to any other Account unless explicitly stated herein or required by law.
Virtual Currency does not have an expiration date, yet Whoot maintains absolute control over all Virtual Currency and Virtual Goods. To the fullest extent permitted by law, Whoot reserves the right to change the value, modify, or eliminate any Virtual Currency and Virtual Goods without incurring any liability. Whoot fulfills its obligation regarding purchased Virtual items upon their transfer to the user's Account. No refunds will be issued by Whoot. Virtual Currency and Virtual Goods hold no real currency value, cannot be redeemed for real money, and are exclusively for use within Whoot's offered Games. Apart from a limited, revocable, non-transferable license, users possess no rights or title to such Virtual Currency and Virtual Goods.
In the event of Account termination, suspension, or discontinuation of Whoot's Games, users forfeit any and all Virtual Currency and Goods. Whoot reserves the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods at its sole discretion, without incurring any liability.
5. PAYMENT OF FEES
Purchase of items on Mobile Devices or Third-Party Platforms:
All payments for Services conducted through Mobile Devices or Third-Party Platforms will be processed via the respective Third-Party Platform. The terms of services and payment of the Third-Party Platform apply, supplemented by these Terms of Services. Virtual Currency and Goods purchased through the Third-Party Platform will be available on the user's Account across registered platforms.
Payment processing depends on the chosen payment method, and certain methods may not be acceptable or could have restrictions imposed by Payment Service Providers. Whoot is not liable for any payments conduct ed or the performance of Payment Service Providers. By approving a purchase, users accept applicable terms, conditions, or restrictions set by Payment Service Providers.
Taxes and other charges applicable:
Users agree to pay all fees and applicable taxes incurred by them or anyone using an Account registered to them. Whoot may revise pricing for goods and services at any time. Whoot may also provide links to other websites or third-party services with separate fees, not included in Whoot's fees. Separate charges incurred with third parties are the user's responsibility. Fees are non-refundable.
If users are in the US, additional taxes may apply, and Whoot may charge those taxes in addition to other applicable fees. If users are in the EU or UK, fees include EU and UK VAT tax. VAT collected reflects the due VAT on the value of any content or services.
6. TERM AND TERMINATION
(a) Term:
The Terms commence upon user acceptance and remain in force while using the Service unless terminated earlier as per the Terms.
(b) Termination by users:
Users may terminate the Terms by closing their Account and ceasing Service use.
(c) Termination by us:
We reserve the right to terminate or suspend user Accounts or access to Games or Services at any time, for any reason, with or without notice. Termination is at our sole discretion, based on perceived violations of these Terms or Applicable Law.
(d) Effect of Termination:
Upon termination, users lose access to their Account, with no entitlement to a refund of acquired Virtual Currency or Goods. Whoot has the right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods at its discretion. Survival provisions include ownership provisions, warranty disclaimers, and limitation of liability.
7. DISPUTES BETWEEN USERS
Users are solely responsible for their interactions. Whoot may intervene but is not obligated to do so. Whoot is not liable for outcomes arising from disputes between users. By having a dispute with one or more users, to the fullest extent permitted by law, users release Whoot from claims and damages.
8. DISCLAIMER OF WARRANTIES
The Service is provided on an "as-is" and "as-available" basis. Whoot does not guarantee uninterrupted, error-free, or virus-free Service. User access is at their risk. To the fullest extent permitted by law, Whoot, its officers, directors, employees, and agents disclaim all warranties related to the Service, including implied warranties. Whoot assumes no liability for errors, personal injury, unauthorized access, interruptions, bugs, viruses, or any loss or damage resulting from content use.
9. LIMITATION OF LIABILITY
Whoot's cumulative liability to you arising from or relating to these Terms and the Service, for any cause whatsoever, will be limited to the total amount you paid Whoot in the twelve (12) months preceding the claim's date. Under no circumstances will Whoot be liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits or data, arising from your use of the Service. This includes scenarios based on warranty, contract, tort, or any other legal theory, whether or not Whoot has been advised of the possibility of these damages. For users in the EU or UK, this limitation doesn't apply to Whoot's liability in the event of death or personal injury resulting from an act or omission by Whoot.
This limitation applies to the fullest extent permitted by law. You acknowledge that Whoot is not liable for user submissions or the conduct of any third party, and the risk of harm or damage from such instances rests entirely with you. These disclaimers and limitations do not affect your consumer rights or limit liability that cannot be excluded under local law.
10. INDEMNIFICATION
You agree to indemnify and hold Whoot, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (the "Whoot Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) related to or arising from: (a) Your Content; (b) your use of the Service; (c) your violation of the Terms; (d) your violation of another party's rights, including other Users; or (e) your violation of any applicable laws. Whoot reserves the right, at its own cost, to assume the exclusive defense and control of any matter subject to indemnification by you. This section's provisions survive termination of your Account, the Terms, or your access to the Service.
11. INTELLECTUAL PROPERTY OWNERSHIP AND LICENSE
You acknowledge that all intellectual property rights in the Service, its underlying technology, and content are owned by us and/or our suppliers. This includes characters, graphics, storylines, sounds, Virtual Currency, and Virtual Goods. You have no ownership or property interest in the Account. The Service is protected by worldwide copyright laws. Subject to compliance with these Terms, Whoot grants you a limited, non-exclusive, non-transferable, revocable license to use the Mobile Application for personal non-commercial purposes. No other use is authorized.
You may not use, download, reproduce, publish, license, or exploit the Service without our prior written authorization. Trademarks and logos ("Marks") are our property or third parties', and using them without consent is prohibited. Certain Games may include automatic downloading of suppliers' software, and these Terms apply.
12. USER CONTENT
(a) User Content:
By publishing content on the Service, you grant Whoot an irrevocable, transferable, non- exclusive, royalty-free license to use Your Content for commercial, non-commercial, and promotional purposes. You are solely responsible for Your Content. Whoot may not regulate User Content, and its accuracy or quality is not guaranteed. You agree Whoot is not liable for any User Content.
(b) Public Discourse:
Forums, blogs, and chat features ("Forums") may contain User Content. Whoot is not responsible for others' use of shared ideas or information. Whoot has no obligation to evaluate, use, or compensate for any submitted ideas or information.
(c) License to User Content:
You grant Whoot a license to copy, reproduce, adapt, and use Your Content for Service provision and promotion. This license is for the protection term or, where permitted by law, perpetual. You waive rights of attribution and moral rights. You warrant and represent the right to upload any content.
(d) Ownership of Your Content:
Whoot claims no ownership rights in User Content and has no obligation to enforce your intellectual property rights.
(e) Ownership of Other Content:
You have no right or title to Content in the Service except Your Content.
13. ADDITIONAL TERMS RELATED TO THE MOBILE APPLICATIONS
(a) App Stores:
The Application and Service availability depend on the third party (e.g., Apple App Store or Google Play) from whom you obtained the Application license. The Terms are between you and Whoot, not the App Store. Whoot is solely responsible for the Service, and you must comply with third-party terms.
(b) Additional License Terms for use of the Service with Apple App Store:
- The Terms are between you and Whoot, not Apple.
- Apple has no obligation for maintenance and support.
- Apple is not responsible for claims relating to the App Store Sourced Application.
- Apple is not liable for third-party claims of infringement.
- Apple is a third-party beneficiary of the Terms.
(c) Additional License Terms for use of the Service with Android App Store:
- The Terms are between you and Whoot, not Google.
- Your use must comply with Google's terms.
- Google is not responsible for Whoot's Android App.
- Google is a third-party beneficiary of the Terms related to Whoot's Android App.
14. CONSUMER COMPLAINTS
California residents can report complaints to the Complaint Assistance Unit of the California Department of Consumer Affairs. EU residents can report complaints to local consumer protection authorities.
15. GENERAL
These Terms and our Privacy Policy constitute the entire agreement between you and Whoot regarding your use of our Service. Failure to enforce any right or provision does not waive it. If any provision is found unlawful, void, or unenforceable, it's severable and does not affect other provisions. Rights and obligations under these Terms are not assignable by you. We may assign these Terms without restriction. You may not use, export, or transfer the Service except as authorized by applicable laws.
16. CONTACT INFORMATION
Products, services, or technology provided by Whoot are subject to U.S. export control laws. You agree to comply with these laws and regulations. Support inquiries can be directed to gamesupport@whoot.com. We strive to resolve your concerns promptly.