Terms of Service

Please read these Terms of Service (these “Terms”) carefully before using the platform and/or services of Wheelhouse.

By using our Services, whether as a guest, as a registered user, or otherwise, you agree that these Terms will govern your relationship with Wheelhouse. If you do not completely agree to these Terms, then you must not use any of our Services.

Age Eligibility: You must be at least 13 years old (or such other minimum age as is applicable in your country and/or state of residence) to use the Services. If you are younger than 18 years old, you may only use the Services if your parent or legal guardian has read and agreed to these Terms. By using the Services, you represent and warrant that you (or your parent or legal guardian, as applicable) have reviewed and agreed to these Terms. Parents and guardians are responsible for the acts of their children under 18 years of age when using the Services.

“Account” means any account provided by Wheelhouse that you create to access the Services.

“Wheelhouse” means Wheelhouse Games, Inc. d/b/a Wheelhouse. References to “Us,” “We,” or “Our” means Wheelhouse, including any and all subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers, and directors.

“Wheelhouse Affiliate(s)” means Wheelhouse’s third-party content providers, distributors, licensees, or licensors.

“Intellectual Property Rights” means, any and all right, title, and interest of every kind whatsoever, whether now known or unknown, in and to patents, trade secret rights, copyrights, trademarks, service marks, trade dress and similar rights of any type under the laws of any governmental authority, including, without limitation, all applications and registrations relating to the foregoing.

“Privacy Policy” means, the Wheelhouse policy regarding privacy, which also governs your use of the Services and is incorporated herein by reference. The current version is available on our website located at https://www.wheelhousegame.com/privacy/.

“Services” means any website, software, device, platform, content, and other related products and services provided by Wheelhouse and Wheelhouse Affiliates.

“User Content” means any and all data that you upload, transmit, or create through the Services, including without limitation character skins, buildings, forum posts, Account personas, profile information, software, sound, images, videos, precise and imprecise location data, timestamps, metadata, and any other content contributed by users to the Services. User Content shall also include your social media handles, tags and postings.

The Services are owned by Wheelhouse, and are protected by Intellectual Property Rights and other proprietary rights laws. Wheelhouse reserves all right, title, and interest in and to the Services, including without limitation all Intellectual Property Rights and other proprietary rights, that are not explicitly granted to you in these Terms. Your permitted use of the Services is limited by the Intellectual Property Rights of Wheelhouse.

Subject to your agreement and continuing compliance with these Terms and any other relevant Wheelhouse policies (including our Privacy Policy), Wheelhouse grants you a non-commercial, non-exclusive, non-transferable, revocable, limited license, subject to the limitations in these Terms, to access and use the Services for your own personal, entertainment purposes. You agree that you will not use the Services for any other purpose. You acknowledge that in order for Wheelhouse to provide you with Services, it is necessary to also provide related functionality, such as analytics, measurement, ad personalization, financial transaction processing, fraud prevention, identity checks, security measures, marketing, and customer support.

Any use of the Services in violation of the law or these Terms is strictly prohibited, and may result in the immediate revocation of your limited license at Wheelhouse’s sole judgment, or may subject you to liability for violations of law.

You acknowledge you will not directly or indirectly: (i) partake in any activity or action that Wheelhouse deems to be against the spirit or intent of the Services; (ii) copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, or distribute any material obtained through the Services; (iii) lease, sell, rent, or otherwise exploit for commercial purposes any part of the Services, including, without limitation access to or use of the Services; (iv) delete, alter, or obscure any Intellectual Property Rights or other proprietary rights notices from copies of materials from the Services; (v) attempt to harass, threaten, bully, embarrass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, Wheelhouse itself or Wheelhouse Affiliates; (vi) organize or participate in any activity or group that is hateful, harmful, or offensive towards a race, sexual orientation or preferences, religion, heritage or nationality, disability or other health class, gender, age, or similar classes determined by Wheelhouse; (vii) initiate, assist, or become involved in any form of attack or disruption to the Services, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Services, or other attempts to disrupt the Services or other person's use or enjoyment of the Services; (viii) use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Services, Accounts, or Wheelhouse; (ix) promote, encourage, or participate in any activity involving hacking, phishing, distribution of counterfeit Services, or taking advantage of or creating exploits, cheats, bugs, errors, or undocumented features, except for the sole purpose of privately and directly notifying Wheelhouse; (x) make available through the Services any material or information that infringes any Intellectual Property Right, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation celebrities and Wheelhouse employees; (xi) attempt to gain unauthorized access to Services or Accounts not belonging to you; (xii) falsely state or otherwise misrepresent your affiliation with a person or entity; (xiii) manipulate or otherwise display the Wheelhouse website by using framing, creating deep-links to the website by by-passing the website’s home page, mirroring or similar navigational technology or directly link to any portion of the website other than the main homepage; (xiv) modify, adapt, sublicense, translate, sell, create derivative works, download, reverse engineer, decompile or disassemble any portion of the website; (xv) launching (or facilitating) a denial of website attack on our websites or any third parties; (xvi) attempting to break or bypass any security mechanism in our websites; (xvii) testing or reverse-engineering our websites in order to find limitations, vulnerabilities or evade filtering capabilities; (xviii) using our websites to facilitate remote computer repair or “virus removal” websites; (xix) using our websites in any manner that may subject us or any third party to liability, damages, and violations of law or danger; (xx) engaging in fraud, either with us or with any third party; (xxi) promoting or engaging in or using the website for illegal activities or for any malicious purpose; (xxii) harvesting, or otherwise collecting information about others, without their consent or other lawful basis for collecting such information; (xiii) interfering with, or disrupting, networks connected to the website or violating the regulations, policies or procedures of such networks; (xxiv) attempting to gain unauthorized access to the website, data, information, other accounts, computer systems or networks connected to the website, through password mining or any other means; (xxv) interfering with another’s use and enjoyment of the website (including but not limited to using the website to adversely affect the availability of its resources to other users – e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text); or (xxvi) otherwise use the Services where prohibited by law.

Each Account may only be used by one person. You must take all necessary steps to protect the secrecy of your log in information. Your Account may be terminated if someone else uses it. You must immediately notify Wheelhouse of any unauthorized use of your Account or any other such breach of security. Wheelhouse shall not be responsible to you for any loss or harm that results from an unauthorized person accessing your Account. Wheelhouse may permanently delete Accounts that are deemed inactive. Accounts shall be deemed inactive when they have not been used for one hundred and eighty (180) days. You acknowledge that if your Account is deleted then you may lose access to any information associated with that Account. If Wheelhouse determines that you have opened more than once account, all accounts will be closed and you will be permanently prohibited from using the Services.

Within the Services, you may enter into competitions in certain multi-player skill-based games (“Competition(s)”), which may entitle participants and/or winners to receive cash, merchandise and/or prizes, depending on the terms and conditions of each Competition. NO PURCHASE IS NECESSARY. ALL COMPETITIONS ARE FREE TO ENTER. No gambling, wagering or betting is allowed as part of or within the Services. The Competitions are free to enter and utilize skill-based games, meaning the outcome of all relevant games are based predominantly upon the skill of Competition participants, not chance. Wheelhouse does not have knowledge of the probability of any particular participant winning a Competition, and makes no representations about an individual user’s chances of winning. The winner of each Competition will be determined solely by his or her skill in relation to other users competing in the same tournament or head to head Competition.

In addition to meeting the age requirement to access the Services as set forth in these Term of Service, you must be at least the minimum legal age (if any) required by the state or other jurisdiction in which you reside in order to enter into such Competitions. If your state of jurisdiction does not permit skill-based games to be played for cash or prizes, you are prohibited from participating in such Competitions. Wheelhouse may at any time require you to provide proof of eligibility to participate in a Competition or receive any cash, merchandise or prizes. Such proof may include but be not limited to use of Captcha (or other types of challenge–response tests used in computing to determine whether or not the user is human), confirming that you have only opened one account, and the like. Wheelhouse may also impose certain age requirements on different categories or types of Competitions in its sole discretion, and any such categories or requirements will be posted as part of each of the categories or types of Competitions.

You acknowledge that various rules, regulations and laws addressing contests, competitions and tournaments with prizes govern your participation in Competitions (“Gaming Laws”), and that Gaming Laws are set up by each individual US state, country, territory, or jurisdiction. Therefore, the Services may not permit Competitions to be offered to users participating in Competitions in any state or other jurisdiction in which such Competition may violate its Gaming Laws (“Prohibited Jurisdiction”), and if you are located in any Prohibited Jurisdiction, then you may not participate in such Competitions. It is your responsibility to determine whether the state, country, territory or jurisdiction in which you are located is a Prohibited Jurisdiction. Together with our partners and/or licensors, we reserve the right (but have no obligation) to monitor the location from which you access Services, and we may block access from any Prohibited Jurisdiction. Each time you log in to participate in a Competition, you may be required to accurately confirm the location from which you are playing. SERVICES AND COMPETITIONS ARE VOID WHERE PROHIBITED OR RESTRICTED BY APPLICABLE GAMING LAWS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, AS TO THE LAWFULNESS OF YOUR PARTICIPATING IN ANY COMPETITION OFFERED OR USE OF SERVICES. Your participation in Competitions is at your own risk, and you agree not to hold us responsible or liable if applicable Gaming Laws restrict or prohibit your access or participation.

To the maximum extent permissible by law, Wheelhouse assumes no responsibility or liability for the conduct of any user submitting any User Content, and assumes no responsibility or liability for pre-screening or monitoring the Services for inappropriate or illegal content or conduct. We are unable to pre-screen or monitor all User Content and we will not do so. Your use of the Services is at your own risk, and you are solely responsible for any User Content that you post.

When you transmit or upload User Content, you agree to abide by the following rules:

    i)     All content will be accurate, complete, and free from fraud and deception;

    ii)    All content will be free of any Intellectual Property Rights infringement;

    iii)   All content should not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;

    iv)   All content will be in compliance with these Terms;

    v)     All content will not be in violation of any law, contractual restrictions, or other parties’ rights;

    vi)   All content will be free of viruses, adware, spyware, worms, or other malicious code; and

    vii)  All content will be free of spam, commercial solicitation, chain letters, and mass mailings.

All User Content that you post will be considered non-confidential. Wheelhouse will only share personal information that you provide in accordance with the Privacy Policy. Wheelhouse is not responsible for any other user or third party’s use or appropriation of any User Content that you have submitted through the Services.

You hereby grant Wheelhouse a non-exclusive, irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to use, copy, reproduce, quote, re-post, fix, print, archive, store, modify, adapt, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, syndicate, transfer, translate, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, perform, enter into computer memory, and practice, in any way, your User Content, or any portion thereof, in any manner or form in any medium or format, whether now known or hereafter devised, as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services, and without Notice, payment, or attribution of any kind to you or any third party. Accordingly, you grant to Wheelhouse and Wheelhouse Affiliates all licenses, consents, and clearances necessary to enable Wheelhouse to use User Content for such purposes. You also hereby grant to Wheelhouse the right to authorize others to exercise any of the rights granted to Wheelhouse under this Section. You further hereby grant to Wheelhouse the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and inconnection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. Wheelhouse does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to
use and exploit your User Content.

In compliance with the Digital Millennium Copyright Act, and other similar or equivalent applicable laws, if Wheelhouse is notified that you have infringed the copyrights or other Intellectual Property Rights of others then your access to the Services may be terminated without prior Notice to you. If you believe that your content has been infringed in the Services, please notify us by emailing the following address: [email protected]. Note that if you knowingly misrepresent copyright infringement, you may be liable for damages, including costs and attorneys’ fees. Notices submitted to Wheelhouse under this provision should include: (i) A description of the Intellectual Property Rights claimed to have been infringed; (ii) A description of the material claimed to be infringing; (iii) Your name, mailing address, phone number, and email address; (iv) A statement by you that: (1) you have a good faith belief that Intellectual Property Rights infringement has occurred here; and (2) the information in this notification is accurate, and, under penalty of perjury, you are authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed; and (v) a physical or electronic signature of a person authorized to act on behalf of the owner of the Intellectual Property Rights that are allegedly infringed.

You acknowledge that: (i) Wheelhouse may in its sole and absolute discretion provide subsequent amendments, versions, enhancements, modifications, upgrades or patches related to any part of the Services; (ii) Wheelhouse has absolute and sole discretion to immediately terminate or restrict access to the Services, or any portion of the Services, including any and all Accounts and any and all funds related to your Account at any time, for any reason, without Notice and without liability to you; (iii) Access to the Services may be interrupted for reasons within or beyond the control of Wheelhouse, and that Wheelhouse cannot and does not guarantee you will be able to use the Services whenever you wish to do so; (iv) Wheelhouse may not offer the Services in all states, countries or geographic locations; and (v) Wheelhouse may send you information as described in our Privacy Policy available on our website located at https://www.wheelhousegame.com/privacy/.

YOU ACKNOWLEDGE THAT WHEELHOUSE AND WHEELHOUSE AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE; OR FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE AND OPERATORS OF EXTERNAL SITES.

THE SERVICES ARE PROVIDED BY WHEELHOUSE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WHEELHOUSE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, UNLESS SUCH WARRANTIES OR OTHER STATUTORY CONSUMER RIGHTS ARE LEGALLY INCAPABLE OF EXCLUSION OR LIMITATION IN YOUR LOCAL JURISDICTION. THE RISK OF USING THE SERVICES RESTS ENTIRELY WITH YOU AS DOES THE RISK OF INJURY FROM THE SERVICES. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WHEELHOUSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WHEELHOUSE DOES NOT WARRANT THAT THE SERVICES ARE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY ANY LAW THAT APPLIES, THE DISCLAIMERS OF LIABILITY IN THESE TERMS APPLY TO ALL DAMAGES OR INJURY CAUSED BY THE SERVICES, OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICES, UNDER ANY CAUSE OF ACTION IN ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE). TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, THE AGGREGATE LIABILITY OF WHEELHOUSE AND/OR WHEELHOUSE AFFILIATES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNTS YOU HAVE PAID (IF ANY) TO WHEELHOUSE AND/OR WHEELHOUSE AFFILIATES IN THE ONE HUNDRED AND EIGHTY DAYS (180) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. SOME STATES, COUNTRIES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH STATES, COUNTRIES, OR JURISDICTIONS, WHEELHOUSE AND WHEELHOUSE AFFILIATES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, SUBJECT TO ANY APPLICABLE STATUTORY CONSUMER RIGHTS LAWS IN YOUR LOCAL JURISDICTION.

You agree to defend, indemnify and hold harmless Wheelhouse, Wheelhouse Affiliates, and any third-parties under agreement with Wheelhouse, and any employee, contractor, vendor, agent, supplier, licensee, customer, distributor, shareholder, director or officer of any of the foregoing, as well as any person using the Services and any person or entity that becomes aware of your use of the Services at any time, with respect to any and all claims, liabilities, judgments, awards, injuries, damages, losses, costs, fees, or expenses (including but not limited to attorney’s fees and costs) that arise under, from or in any way, directly or indirectly, relate to your failure to comply with any provision of these Terms of Service; your use of the Services, including but not limited to economic, physical, emotional, psychological or privacy related considerations; and your actions to knowingly affect the Services via any bloatware, malware, computer virus, worm, Trojan horse, spyware, adware, crimeware, or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.

Wheelhouse and Wheelhouse Affiliates reserve the right, but not the obligation, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge, and further agree that Wheelhouse has no obligation to defend, indemnify or hold harmless you in any way related to these Terms or the Services, including but not limited to your use of the Services, use of the Services by any person, or any connection between the foregoing and any other person or entity that becomes aware of your use of the Services at any time.

With respect to any dispute or claim over or relating to the Services (“Conflict”), you agree to attempt to negotiate the resolution of any Conflict informally for at least thirty (30) days before initiating any arbitration or other proceeding, including any legal proceeding in court or before an administrative agency. Such informal negotiations commence upon Wheelhouse’s receipt of written notice from you.

If you are not able to satisfactorily resolve a Conflict informally within a total of thirty (30) days, or if Wheelhouse, in its sole and absolute discretion, determines that it will not be possible to satisfactorily resolve that Conflict informally within a total of thirty (30) days, you agree that either you or Wheelhouse may request resolution by final and fully binding arbitration to be held in Los Angeles, California, before a single arbitrator, pursuant to the commercial arbitration rules of JAMS. Final judgment on any award may be entered in any US court of competent jurisdiction. The prevailing party in any such arbitration shall be entitled to its reasonable attorneys' fees and costs in addition to any award or injunctive relief received. If something in these Terms is different than the rules and procedures of JAMS, then we will follow these Terms instead.

YOU UNDERSTAND, AND FURTHER AGREE, THAT YOU HAVE THE RIGHT TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF YOUR OWN CHOOSING REGARDING THIS AND ANY OTHER PROVISION IN THESE TERMS AND THAT THIS BINDING ARBITRATION PROVISION WILL ELIMINATE
YOUR LEGAL RIGHT TO SUE IN COURT, TO HAVE A JURY TRIAL, AND/OR TO PARTICIPATE IN A CLASS ACTION WITH RESPECT TO ANY SUCH DISPUTE. You and Wheelhouse both agree that neither shall attempt to have any other arbitration or class action related to any other party joined to any arbitration in which you are involved with Wheelhouse. To the fullest extent permitted by law, no arbitration proceeding shall be decided on a class-action basis or utilizing class action procedures. You and Wheelhouse further agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or a class member in any purported class or representative proceeding.

Any dispute or claim arising out of or related to these Terms shall be governed by and construed in accordance with the laws of the State of California without reference to any choice or conflict of laws principles. Unless subject to arbitration under these Terms, the Courts in the State of California shall have exclusive jurisdiction over any legal suit, action, or proceeding arising out of, or relating to, disputes or claims that might arise under these Terms. To the fullest extent permitted by law, the controlling language for these Terms of Service is English.

These Terms: (1) are the final and complete agreement and understanding of the parties concerning the subject matter hereof, and supersede and replace any and all prior and contemporaneous agreements and understandings with respect thereto; (2) may not be changed, amended, or in any manner modified by you except as authorized in a writing signed by both parties’ authorized agents; (3) are not assignable, except to a successor in interest to substantially all of a party’s business or assets and any other attempt to assign or transfer these Terms or any interest herein is void; and (4) shall be binding upon, and inure to the benefit of, the parties hereto, their respective heirs, executors, administrators, successors, personal representatives, licensees, and assigns. You acknowledge that Wheelhouse may make changes to these Terms of Service at any time, and that Section headings in these Terms are for purposes of convenience only. Unless Wheelhouse states otherwise, any changes to these Terms are effective when posted. If you continue to use the Services after any changes are posted then you agree that those changes will apply to your continued use of the Services. You should check this page regularly to stay informed about any changes.

No party shall be responsible for delays or failure of performance resulting from acts beyond the reasonable control of such party, including, war, terrorism, acts of public enemies, strikes or other labor disturbances, power failures, fires, floods, earthquakes, acts of God, and other natural disasters.

No act or failure to act by Wheelhouse will be deemed a waiver of any right contained in these Terms, and any waiver by Wheelhouse must be in writing and signed by an officer of Wheelhouse. If Wheelhouse does expressly waive any provision of these Terms, such waiver shall not be a waiver of any other provisions of these Terms, and the waived provision shall not be waived for all time in the future.

If any provision or sub-provision of these Terms is found to be invalid or unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision or sub-provision shall be deemed modified to the limited extent required to permit its enforcement in a manner most closely representing the intention of
the parties as expressed herein.

You acknowledge and agree that any violation or threatened violation of these Terms will cause irreparable injury to Wheelhouse, entitling Wheelhouse to seek injunctive relief without the necessity of proving actual damages, in addition to all other remedies at law or in equity. You specifically acknowledge that money damages alone would be an inadequate remedy for the injuries and damages that would be suffered and incurred by Wheelhouse as a result of a breach of any of the provisions of these Terms.