These terms and conditions create a contract between you and Waddle (the “Agreement”). Please read the Agreement carefully.
In particular, you and we are agreeing to arbitrate any disputes between us by accepting these Terms, and you are waiving your right to file a lawsuit in court on your own (aside from matters that may be brought in small claims court) or on behalf of others in a class action, unless the European General Data Protection Regulation provides otherwise.
By using Club Penguin Legacy or any of the services we provide, you certify that you understand that Club Penguin Legacy is not affiliated with The Walt Disney Company and/or the Disney Interactive Media Group (collectively referred to as "Disney"), and you hereby release Disney, as well as any of its employees or agents, from any and all liability, corporate, or personal loss caused to you or others as a result of your or others' use of Club Penguin Legacy.
All Waddle-specific text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code (collectively, "Content") contained on the Site is owned, controlled, or licensed by or to Waddle, including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Content, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property laws.
You may use information on Waddle products and services (such as data sheets, knowledge base articles, and similar materials) made available by Waddle for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, and (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.
You may not use any "deep-link," "page-scrape," "robot," "spider," or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or to reproduce or circumvent the navigational structure or presentation of the Site or any Content, or to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available. Waddle maintains the right to prohibit such behavior.
You may not use hacking, password "mining," or any other illicit methods to gain unauthorized access to any section or feature of the Site, or any other systems or networks connected to the Site or any Waddle server, or to any of the services offered on or through the Site.
You may not probe, scan, or test the vulnerability of the Site or any network linked to the Site, nor may you circumvent the Site's or any network connected to the Site's security or authentication procedures. You may not reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Site, or any other Waddle customer, including any Waddle account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for in the Terms and Conditions.
You agree not to take any activity that places an unreasonably or disproportionately large demand on the Site's infrastructure, Waddle's systems or networks, or any systems or networks connected to the Site or Waddle.
You undertake not to use any device, program, or routine to interfere or try to interfere with the correct operation of the Site or any transaction conducted on the Site, or with the use of the Site by any other person.
You may not forge headers or otherwise manipulate identifiers to conceal the origin of any message or transmission you submit to Waddle over the Site or any service offered via the Site. You may not pretend to be, or represent, someone else, or impersonate any other person or entity.
Waddle's duties regarding its products and services, if any, are determined only by the agreements under which they are delivered, and nothing on this Site should be understood to modify such agreements.
Waddle reserves the right to make changes to any products or services offered on the Site, as well as the relevant pricing for such products or services, at any time and without notice. The contents on the Site relating to products and services may be out of date, and Waddle makes no obligation to update such items on the Site.
Some services on the Waddle Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You shall not provide false details for a parent or guardian. You acknowledge that you may not sublicense, transfer, sell, or assign your account. Any attempt to sublicense, transfer, auction, sell or assign the account is void, and such attempts, regardless of whether made by Account Holder, will result in immediate termination of Account.
Certain features or services available on or through the Site may necessitate the creation of an account (including setting up a Waddle ID and password). You are fully responsible for maintaining the security of your account's information, including your password, as well as any and all activity that occurs under your account as a consequence of your failure to keep this information safe and secret. You undertake to notify Waddle promptly of any unauthorized use of your account or password, as well as any other security violation. You may be held accountable for Waddle’s or any other user's or visitor's losses suffered as a consequence of someone else accessing your Waddle ID, password, or account as a result of your actions.
You may not use anybody else's Waddle ID, password, or account without the express permission and approval of the holder of that Waddle ID, password, or account at any time. Waddle cannot and will not be held accountable for any loss or damage caused by your failure to meet these responsibilities.
This Site may include links to third-party independent Web sites ("Linked Sites"). These Linked Sites are provided purely for the benefit of our users. Waddle has no control over such Linked Sites, and Waddle is not responsible for or endorses the content of such Linked Sites, including any information or materials published on such Linked Sites. You must use your own independent judgment while interacting with these Linked Sites.
WADDLE DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WADDLE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WADDLE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WADDLE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY WADDLE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST WADDLE FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Waddle reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
TO THE EXTENT REQUIRED BY APPLICABLE LAW, WE DO NOT LIMIT IN ANY WAY OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR OUR FRAUDULENT MISREPRESENTATION OR CONCEALMENT OR FOR ANY OTHER LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAWS.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR GROUP UNDERTAKINGS, OUR AND OUR GROUP UNDERTAKINGS' LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY WADDLE SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A WADDLE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY WADDLE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO WADDLE SITES OR CHANGE THE WADDLE SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY.
WITH RESPECT TO USERS WHO ACCESS THE SITE IN CERTAIN JURISDICTIONS, THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER APPLICABLE LAW.
You agree that you will be responsible for your use of the Services, and that you agree to defend and indemnify Waddle and the Affiliated Parties from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) Your access to, use of, or alleged use of the Services; (b) Your violation of any part of the Waddle Terms, any representation, warranty, or agreement referenced in the Waddle Terms, or any applicable law or regulation; (c) Your actual or alleged violation of any third-party right, including any intellectual property right, publicity or privacy right, property right, or confidentiality obligation; or (d) any Dispute or issue between You and any third party. Waddle reserves the right, at Waddle’s own cost, to take on the exclusive defense and control of any matter subject to indemnification by You (without limiting Your indemnification obligations with respect to that matter), and in that case, You agree to cooperate with Waddle defense of that claim.
Waddle may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Waddle’s rights or property, or the rights or property of visitors to or users of the Site, including Waddle’s customers. Waddle reserves the right at all times to disclose any information that Waddle deems necessary to comply with any applicable law, regulation, legal process or governmental request. Waddle also may disclose your information when Waddle determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that Waddle may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
The www.waddlegames.com Site is administered and maintained by Waddle from its headquarters in Redwood City, California, USA; additional Waddle sites may be administered and operated from other locations outside the United States. Although the Site is available internationally, not all of the features, goods, or services mentioned, referenced, supplied, or offered through or on the Site are available to all people or in all geographic places, or are appropriate or available for use outside the United States. Waddle maintains the right, in its sole discretion, to limit the availability and quantity of any feature, product, or service to any individual or geographic region. Any offer made on the Site for any feature, product, or service is void where prohibited. If you choose to visit the Site from a location outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
We have implemented a policy of disabling and/or terminating accounts of users who are regularly found to violate or are frequently accused of infringing the copyrights of others. Waddle may suspend, deactivate, and/or terminate the accounts of users who have been recognized as repeatedly engaging in infringing acts or for other connected reasons as part of enforcing such policy.
Report suspected piracy of Waddle software to the Software and Information Industry Association (SIIA) on the SIIA website.
Waddle software piracy may be reported to the Software and Information Industry Association (SIIA). SIIA's website may be found at http://www.siia.net/Divisions/IP-Protection-Services. Waddle is a member of the SIIA.
You may not use, export, or re-export any Content, or any copy or modification of such Content, or any product or service offered on the Site in contravention of any relevant laws or regulations, including without limitation US export laws and regulations.
Waddle gives access to Waddle international data, so allusions or cross references to Waddle goods, programs, and services that have not been disclosed in your country may appear. Such a mention does not mean that Waddle intends to introduce such goods, programs, or services in your country.
Please do not distribute Unsolicited Submissions on or through the Site since our policy prohibits us from accepting or considering them. We aim to avoid future misunderstandings when initiatives created by us or under our supervision appear to others to be similar to their own creative effort. As a result, we request that you not distribute any unsolicited submissions. In any case, you acknowledge that any Submissions you make are not made in confidence or trust, that no confidential or fiduciary relationship is intended or formed between you and us in any manner, and that you have no rights to any Submissions you make.
Unless otherwise noted, the requirements of these conditions of use apply equally to Unsolicited Submissions and Solicited Submissions. As a result, we, our licensees, distributors, agents, representatives, and other authorized users shall have the right to exploit and reveal all Submissions, and we shall have no liability to you or any person claiming through you for any such exploitation or disclosure.
You hereby grant us and our licensees, distributors, agents, representatives and other authorized users, a non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license for an indeterminate period (or for such maximum period permitted by applicable law) under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual and industrial property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify, create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised (including on The Site, on third party websites, on our broadcast and cable networks and stations, on our broadband and wireless platforms, products and services, on physical media, and in theatrical release) for any and all purposes including, without limitation, entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity.
You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of any review, compensation or consideration of any type.