A Thinking Ape Entertainment Ltd. ("A Thinking Ape") owns and operates the online game Witch Arcana (one of A Thinking Ape's "Services").
Witch Arcana is available for individuals aged 17 years or older. Those under the age of 18 are required to seek consent from their parent or legal guardian before installing the game. In addition, please review this Agreement with your parent or guardian to ensure they understand it in it's entirety.
Users under the age of 18 who are caught using the application with the intentions of soliciting sexual or inappropriate chat will have their chat suspended or account disabled at our discretion. This also includes the solicitation of minors from those over the age of 18.
Any players found to be under the age of 17 will have their accounts immediately disabled.
By using Witch Arcana, you represent, acknowledge and agree that you are at least 18 years of age. If you are under 18 years of age (a “Minor”), that you have received your parent’s or legal guardians consent to use Witch Arcana and agree to these Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and fully indemnify and hold harmless A Thinking Ape.
You must be at least 17 years of age or older to use Witch Arcana. Witch Arcana is not designed for children under the age of 17. If you are under the age of 17 you may not use Witch Arcana, you must uninstall the application and discontinue use of any of it’s features. If we discover that a child under 17 has provided us with personal information, we will delete such information from our systems
You may post and share comments and content with other users through Witch Arcana's communication mechanism. By using Witch Arcana, you agree not to upload, post, transmit, cause the display or performance of, or otherwise make available any content that:
Failure to adhere to these rules may result in removal of items or account suspension. All messages, information, digital files or other materials, whether publicly posted, displayed or performed on, or privately transmitted, are the sole responsibility of the person who sends or publishes such items. Accordingly, you are responsible for all items that you upload, post, cause a display or performance of, email, transmit or otherwise make available via Witch Arcana. A Thinking Ape reserves the right to, but has no obligation to, monitor or screen the content posted and/or displayed or performed in Witch Arcana and to remove any content in its sole discretion. Nevertheless, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST, CAUSE TO BE DISPLAYED OR PERFORMED IN ANY AREAS OF Witch Arcana AND THAT YOU TRANSMIT IN ANY OF YOUR COMMUNICATIONS THAT USE Witch Arcana AND THE SERVICES PROVIDED THEREBY.
You may not use Witch Arcana to do any of the following list of activities. Failure to adhere to these rules may result in removal of items or account suspension.
All purchases of Virtual Currency and Site Items are final and under no circumstances will be refundable, transferable or exchangeable. By purchasing Virtual Currency and Site Items (e.g. clicking or tapping the relevant purchase button), you are confirming that you want the Virtual Currency and/or Site Item immediately credited to your Account and that by doing so you lose any cancellation rights under applicable laws, including but not limited to the EU Consumer Rights Directive (2011/83/EU) and/or any national laws implementing it.
A Thinking Ape has the absolute right to manage, regulate, control, modify and/or eliminate such Virtual Currency and/or Site Items as it sees fit in its sole discretion, and A Thinking Ape shall have no liability to you or anyone else for the exercise of such rights. For example, Virtual Currency and Site Items will be lost, deleted from your Account, or forfeited when/if your Account is terminated, suspended or closed for any reason or when A Thinking Ape discontinues any or all of the Websites or Services, including without limitation any Services provided or offered through Third Party Platforms.
A Thinking Ape reserves the right, in its sole discretion, to make all calculations regarding the balance of Virtual Currency in your Account. A Thinking Ape further reserves the right, in its sole discretion, to determine the number of Virtual Currency that are credited and debited from your Account in connection with your use of the Websites (including any games, applications or services provided or offered on the Websites or through Third Party Platforms), entry into Promotions, and/or purchase of Site Items. While A Thinking Ape strives to make all such calculations on a consistent and reasonable basis, you hereby acknowledge and agree that A Thinking Ape’s determination of the amount of Virtual Currency in your Account is final, unless you can provide documentation to A Thinking Ape. that such calculation was or is intentionally incorrect.
In Witch Arcana you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash or extra credits, all for use in Witch Arcana; (b) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You are only allowed to purchase Virtual Items from us or our authorised partners through Witch Arcana, and not in any other way.
A Thinking Ape may manage, regulate, control, modify or eliminate Virtual Items and/or Merchandise at any time, with or without notice. A Thinking Ape shall have no liability to you or any third party in the event that A Thinking Ape exercises any such rights.
The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in Witch Arcana. Other than as expressly authorized in Witch Arcana, you shall not sell, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity, including but not limited to A Thinking Ape, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF THIRD PARTY VIRTUAL CURRENCY MADE THROUGH Witch Arcana ARE FINAL AND NON-REFUNDABLE.
The provision of Virtual Items for use in Witch Arcana is a service provided by A Thinking Ape that commences immediately upon acceptance by A Thinking Ape of your purchase.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF A THINKING APE. A Thinking Ape does not recognize the transfer of 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 and may result in the forfeiture of your Account.
You understand that Witch Arcana acts only as a forum and technical interface between users and that A Thinking Ape does not itself verify the qualifications of users, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to A Thinking Ape. A Thinking Ape cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of anything said, written, posted, displayed or otherwise made available by any user. You understand that you may be exposed to content that you find offensive to you, and that you use Witch Arcana at your own risk.
Witch Arcana may contain links to third-party sites that are not under the control of A Thinking Ape, and A Thinking Ape is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The inclusion of any link does not imply that A Thinking Ape endorses or accepts any responsibility for the content on such third-party site. Your correspondence or business dealings with, or participation in promotions of, any third party website found on or through Witch Arcana, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A Thinking Ape is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of links to such third party websites on Witch Arcana. In addition, links to advertising that has not been approved by A Thinking Ape may be embedded in third party content displayed on Witch Arcana. A Thinking Ape is not responsible for any content, cookies, or other technology used in connection with such advertising.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION AND SERVICES OFFERED ON Witch Arcana IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND A THINKING APE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, A THINKING APE DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall A Thinking Ape be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other torturous action, arising out of or in connection with the use of Witch Arcana or information available from Witch Arcana.
Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within Witch Arcana. Witch Arcana may contain technical inaccuracies or typographical errors. A Thinking Ape assumes no responsibility for and disclaims all liability for and disclaims all liability for any such inaccuracies, errors, or omissions on Witch Arcana.
A Thinking Ape may terminate or make changes to all or any portion of Witch Arcana, product offerings, and any other information and materials on Witch Arcana and may delete any content that has been submitted to Witch Arcana at any time and without notice or liability.
You may not use, access or otherwise export or re-export the products except as authorized by United States law and the laws of the jurisdiction in which the Services were obtained. In particular, but without limitation, the Games may not be exported, re-exported or otherwise made available (a) into any country or region embargoed by the U.S. Government, or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied person List or Entity List, EU consolidated sanctions list with designated persons. By using the Games, you represent and warrant that you are not located in any such country or on any such list.