Terms and Conditions
Use of the Service
In order to use the Platform, you are aware of and acknowledging the technical requirements for using SPWizards’ Applications. SPWizards will not be liable for any limitations or errors caused by use of the Platform with other devices, software or operating system versions than those described in the technical requirements.
You may not use the Platform to disseminate any unlawful or other objectionable material, or to harm others or the Platform itself. For example, you must not: (i) use the Platform to harm, threaten, or harass another person, organization, or SPWizards; (ii) damage, disable, overburden, or impair the Platform; (iii) resell or redistribute any part of the Platform or access to the Platform, including the sale or purchase of an Account and/or Credits; (iv) use or attempt to use any unauthorized means to modify, reroute, or gain access to the Platform; (v) use any automated process or service (such as a bot, a spider, periodic caching of information stored by SPWizards, or meta-searching) to access or use the Platform, or to copy or scrape data from the Platform; or (vi) obtain (or try to obtain) any data or content from the Platform, except the data or content that we intend to make available to you.
Intellectual Property Rights
SPWizards owns and retains all proprietary rights to the Platform and all associated copyrights, trademarks, brands, service marks, patents, SPWizards object libraries, characters, props or other proprietary rights under law. All of the trademarks, service marks, brand and trade names and logos appearing on the Platform are the proprietary intellectual property of the owners of such marks or names and you may not use, modify, remove or otherwise infringe any of such proprietary intellectual property.
By agreeing to use the Platform you agree to receive newsletters, alerts, promotional and other emails from SPWizards. You may unsubscribe from these mailing lists as required by law via the Platform.
Privacy and Security
Disclaimers of warranty
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES:
SPWIZARDS DOES NOT WARRANT THAT THE FUNCTIONAL ASPECTS OF THE PLATFORM WILL BE ERROR FREE, OR THAT THE PLATFORM WILL BE CONSTANTLY AVAILABLE, OR AVAILABLE AT ALL, OR THAT TRANSMISSION OF DATA TO / FROM THE PLATFORM WILL OCCUR AT ANY MINIMUM SPEED OR THAT THE PLATFORM OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPWIZARDS DOES NOT WARRANT OR REPRESENT THAT ANY CONTENT ASSOCIATED WITH OR USED IN CONNECTION WITH THE PLATFORM IS FACTUAL OR ERROR-FREE OR THAT THE USE OF SUCH MATERIAL WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. SPWIZARDS RESERVES THE RIGHT TO CORRECT ANY ERRORS ON IN THE PLATFORM.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT EVERYTHING ASSOCIATED WITH THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPWIZARDS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIAL CONTAINED ON THE PLATFORM OR RESULTS TO BE OBTAINED FROM USING THE PLATFORM. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, SPWIZARDS DOES NOT MAKE ANY REPRESENTATION ABOUT THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH USE OF THE PLATFORM.
Limitation of Liability
Third Party Links
Upon any termination of your access to the Platform: (i) your Account may be canceled and closed or suspended and your user identification code and password shall be deactivated; (ii) all Marketplace items or User Content purchased, created or uploaded by you shall be removed from the Platform; SPWizards may however continue to use those items for internal archival and reference purposes; (iii) you shall forfeit all right, title and interest in and to any and all Credits; and (iv) SPWizards will permanently delete your User Content.
Cancellation of your Account shall not relieve you of any payment obligations that may have arisen prior to such termination, or any other obligations pursuant to any other agreement that has not been specifically terminated.
Your use of the Platform does not give you any authority to act as an agent, legal representative or employee of SPWizards or of any third party with whom SPWizards has a relationship, and you agree not to represent that you are otherwise.
The following conditions shall be considered as binding unless expressly mentioned in a superceding agreement between and signed by both parties. The term “SPWizards”, shall refer to Steampunk Wizards Ltd. The term “Company” shall refer to the client, customer, receiver of products or services, recipient and addressee on any invoice whether a natural or legal person.
- This invoice (including all associated costs, e.g. bank transfer charges etc.) is to be paid to SPWizards within the specified time period.
- This Invoice will be considered as final and accepted unless contested in writing within 8 business days of the date on the invoice.
- All deliverables remain the sole property of SPWizards until payment has been received in full.
- All deliverables carry the same warrantee conditions as those from the original manufacturer or supplier.
- SPWizards has, at its sole discretion, and without being seen as breaking any agreement between the parties, the right to charge a compound interest of 2.5% per month on all amounts not received within the specified payment period.
- Design materials or concepts, layouts or other graphical materials remain the intellectual property of SPWizards.
- The Company agrees to indemnify and hold harmless SPWizards, the members and managers of SPWizards, and their agents, attorneys, employees, and affiliates from and against all claims, actions, or demands that arise from the services provided hereunder or in connection herewith and any expenses (including reasonable attorneys’ fees), liabilities, losses, or damages resulting from such claims, actions, and demands, including without limitation amounts paid in settlement or compromise thereof; provided, however, that this indemnity will not extend to conduct of such an indemnified party which is finally determined by a judgment of a court of competent jurisdiction not to have been undertaken in good faith and in a manner reasonably believed to be in or not opposed to the best interests of the Company.
- The obligations of SPWizards and the Company are solely entity-level obligations, and no officer, director, manager, employee, agent, shareholder, member, or controlling person will be subjected to any personal liability whatsoever to any person or entity, nor will any such claim be asserted by or on behalf of any other party to this invoice or any person or entity relying on the services provided hereunder.
- Governing law for any dispute between the parties is Maltese law in the law courts of Malta.