Code Cantina
Terms of Service
LAST UPDATED: April 12, 2021
Welcome to Code Cantina!
PLEASE READ THIS LEGAL DOCUMENT CAREFULLY. Code Cantina, LLC (“Code Cantina,” “us,” “our,” or “we”) created these Terms of Service (the “Terms”) for you to explain the rules that apply when you use the website located at https://www.codecantina.com and the Wacky Casino app (“Wacky Casino”) and any Code Cantina-controlled social media pages (“Service”). By using the Service, you agree to the following:
1. Agreement to these Terms. Your use of the Service is an acceptance of these Terms and you acknowledge that you accept these Terms and Code Cantina’s Privacy Policy (incorporated into these Terms by reference) and form a legally binding agreement between you and Code Cantina. If you don’t agree with the Terms, then you may not use the Service. We reserve the right in our sole discretion to change, modify, add or delete portions of the Terms and the Privacy Policy at any time without notice, but will post the updated Terms to our website. Your continued use of the Service is your acceptance of updated Terms.
2. License and Restrictions. Wacky Casino is intended for an adult audience (18+) for amusement purposes only and does not offer ‘real money’ gambling, or an opportunity to win real money or prizes based on free casino and slot machine game play. Playing or success in this game does not imply future success at ‘real money’ gambling.
We want you to use the Service, so we grant certain legal permissions to you (known as a “license”) to use the Service as described in these Terms. All users of Wacky Casino must:
(a) be at least 18 years of age; and
(b) comply with these Terms and all applicable local, state, national and international laws, rules and regulations.
However, you may not use the Service in any way that interferes with our ownership rights in the Service, and we may terminate your access to the Service if you are in breach of this Section. The following activities may terminate your access to the Service:
(c) Making a copy of the Service or any portion of the Service, except as allowed under these Terms;
(d) Making a copy of the Service, or any portion of the Service, publicly available or available on a network for use or download by multiple users;
(e) Using any data mining tools or automation tools such as spiders, scrapers, crawlers, scripts, bots, or any other automated or manual method or process to access, retrieve, index, or reproduce the Service or its contents;
(f) Reverse engineering, decompiling, disassembling, translating, preparing derivative works based on or otherwise modifying the Service, in whole or in part;
(g) Removing, obscuring, or modifying any copyright, trademark or other proprietary rights notices, marks or labels contained on or within the Service, falsifying or deleting any author attributions, legal notices or other labels of the origin or source of the material;
(h) Misrepresenting the source of ownership of the Service; and
(i) Conducting any other activity that might be considered illegal or tortious. This includes, without limitation, “hacking” the Service, infringing the intellectual property or other rights of third parties, modifying, altering, translating, reverse engineering, decompiling, or disassembling the Service or related documentation or creating derivative works based on the Service.
3. Third Party Products and Service. We may offer third-party products/services through the Service. If you use any of these third-party products or services, you assume all risks and liabilities. We may also link to other websites. We have no control over these external websites and will not be liable for any content, advertising, products, or other materials on or available from those external websites. Third parties should have their own terms of service and privacy policies, so be sure to check those out.
4. Mobile Networks; Texting. When you access and use the Services through a mobile network, or you sign up for our text message programs, your network or roaming provider’s messaging, data and other rates and fees may apply. Not all Services may work with your mobile network provider or device.
5. Creating an Account. You are not required to create an account with Code Cantina to access Wacky Casino (“Account”), but you may be provided with an opportunity to do so. To create an Account, you will need to provide us with your first and last name, birthday, email address, and username. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, image, photo or likeness, or if applicable, provide false details for a parent or guardian. If you select a username for your Account, we may change it if we believe it is inappropriate or necessary (for example, if it infringes someone’s intellectual property or impersonates another user). You are responsible for maintaining the confidentiality of your username and password, and for all activities that occur through your Account. You will notify us immediately of any unauthorized use of your Account or any other breach of security. Code Cantina will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge. However, you could be held liable for losses incurred by Code Cantina or another party due to someone else using your Account or password. You may not use anyone else’s Account at any time, without the permission of the Account holder.
6. User Content. The Service allows you to create content and data, including, but not limited to, photographs and video content, comment on posts, and send messages (“User Generated Content”). User Generated Content that you upload to Code Cantina or Wacky Casino will be stored, maintained and used by us in accordance with our Privacy Policy. You must have all necessary rights and permissions to distribute the User Generated Content you post on the Service. In addition, you must not share, post, and distribute content that is harmful and disruptive, or content that will cause harm if disclosed including, without limitation:
(a) containing or promoting racism, hate speech, violence, and illegal activity;
(b) Spam, unauthorized advertising, and other forms of solicitation;
(c) intended to disparage, defame, abuse, intimidate, bully, threaten, or otherwise harass other people; and
(d) Others’ personal information or any other information that you do not have the permission to disclose.
Although we want all users to comply with all User Generated Content requirements, we do not have any obligation to monitor and review User Generated Content for compliance. However, if we do see User Generated Content that violates these rules or if we simply think that User Content is not appropriate for the Service, we may, at our sole discretion, either restrict publication, remove or edit the Content without letting you know ahead of time, or we may terminate your Account. If you see content that violates these Terms, please report the content within Wacky Casino or send us an email at info@codecantina.com.
Your User Generated Content is yours to keep, but by posting the User Generated Content, you grant Code Cantina a non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable worldwide right and license to use your User Generated Content and username to host, reproduce, copy, adapt, modify, perform, display, publish, broadcast, host, transmit, or otherwise communicate to the public for use within the Service or for promotional purposes related to the Service. If not expressly prohibited by mandatory legislation, you waive any moral rights of paternity, publication, reputation, or attribution with respect to Code Cantina’s use of such User Generated Content and data in connection with the Service and related goods and services under applicable law. This license grants to Code Cantina, and the above waiver of any applicable moral rights, survives any termination of this license.
By using the Service, you consent to receive communications from Code Cantina and other users within Wacky Casino. You can change the Account settings for messaging within Code Cantina to limit who can send you messages or to turn off chats on your posts.
We respect the intellectual property rights of others and we expect our users to do the same. To report a copyright, trademark or other intellectual property rights infringement, please contact us at info@codecantina.com.
7. In-Game Virtual Currency and Virtual Items. The Service may include an opportunity for you to earn or otherwise obtain in-game currency (“Virtual Currency“) to access virtual, in-game digital goods or items (“Virtual Items“). Methods of obtaining Virtual Currency are at Code Cantina’s sole discretion. Virtual Currency and Virtual Items are not real currency, do not have monetary value, and may not be redeemed for legal currency, or items of value outside of the Services.
Virtual Currency and Virtual Items obtained via the Service are provided to you under a limited, personal, revocable, non-transferable, non-sublicenseable license to use within the Service. You have no property interest, right or title in or to any Virtual Currency or Virtual Items appearing or originating in the Service, and they may not be transferred or resold in any manner, including, without limitation, by means of any direct sale or auction service.
Code Cantina has no liability for hacking or loss of your Virtual Currency or Virtual Items or any goods or services obtained via Virtual Currency. Code Cantina has no obligation to, and will not, reimburse you for any Virtual Currency or Virtual Items obtained via Virtual Currency. Code Cantina reserves the right, in its sole discretion and without prior notification, to change or limit the price, availability, or order quantity of any Virtual Currency or Virtual Items and to refuse to provide you with any Virtual Currency or Virtual Items.
Virtual Currency may have an expiration date. If your Virtual Currency or Virtual Items expire and you still have an active Account, Code Cantina may offer conversion of such Virtual Currency into Virtual Items for you in its sole discretion, however Code Cantina is under no obligation to do so. Virtual Currency and Virtual Items may be forfeited if: (a) your Account or access to the Services is terminated or suspended for any reason; (b) you breach these Terms; (c) Code Cantina discontinues availability of the Service; or (d) you disassociate from the Service.
8. Enforcement Rights. We are not obligated to monitor access or use of the Services; however, we reserve the right to do so for purposes of operating and maintaining the Service, as applicable, ensuring your compliance with these Terms, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities, and we may cooperate with law enforcement authorities to investigate users who violate the law. We reserve the right (but are not required) to remove or disable any content posted on the Service or access to Service at any time and without notice, and at our sole discretion, if we determine in our sole discretion that your content or use of the Service is objectionable or violates these Terms.
9. Stay Connected. In order to access and use the Service, you need to have and maintain adequate internet connection. You are fully responsible for obtaining and maintaining internet access. We will use every reasonable effort to keep the Service operational, but from time to time, there may be some technical difficulties or maintenance that cause temporary interruption to your access to the Service.
In addition, we’re always thinking of ways to improve the Service for our users, whether by adding or removing features and functionalities or by suspending or stopping the Service altogether. We will try to notify you of any changes or scheduled interruptions to Service access beforehand, but we can’t guarantee that we always will.
10. Ownership. Code Cantina retains all right, title and interest in and to the Service and all related patent, copyright, trademark, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right (“Rights”). If you provide us with feedback regarding any aspect of the Service, Code Cantina will own all rights in and to such feedback and any derivative products or services developed from the feedback.
11. How We Use Your Personal Information. For information on how we use your personal information while you use the Service, please check out our Privacy Policy, which can be found https://codecantina.com/privacy-policy/ .
12. NO WARRANTIES AND LIMITATION OF LIABILITY.
(a) WE MAKE NO REPRESENTATION, WARRANTY, AND/OR GUARANTEE OF THE SUITABILITY OF THE SERVICE FOR YOUR PURPOSES, OR THAT THE USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FUNCTION PROPERLY IN COMBINATION WITH ANY THIRD-PARTY TECHNOLOGY, HARDWARE, SOFTWARE, SYSTEMS OR DATA.
(b) THE SERVICE IS PROVIDED “AS IS” AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SAME, OR TO THE INFORMATION, CONTENT, COMMUNICATIONS, MATERIALS OR PRODUCTS AND SERVICES AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
(c) WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
13. Indemnity. You will indemnify, defend and hold Code Cantina, its partners, affiliates, contractors, officers, directors, employees and agents harmless from and against any and all damages, losses and expenses arising directly or indirectly from your acts or your failure to act when using the Service, any User Generated Content submitted by or on behalf of you, or your violation of these Terms.
14. Termination. We hope it never comes to this, but if you fail to comply with these Terms, we will be forced to delete your Account.
15. Waiver of Class-Wide Proceedings. YOU AND CODE CANTINA AGREE THAT, BY ENTERING INTO THESE TERMS, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Each party to these Terms agrees and promises that it will not start any class-wide proceedings, including class actions, against another party, and will not act as a class representative or class member. This provision constitutes an agreement that any dispute will be resolved exclusively between disputing parties, with each party acting in their individual capacity.
16. General.
(a) Governing Law. These Terms are governed by the laws of Washington State, without regard to choice of law provisions. Any disputes must be in courts located in King County, Washington.
(b) Attorneys’ Fees. If any suit or action is instituted to enforce these Terms, the prevailing party will recover from the losing party all fees, costs, and expenses, including, without limitation, all fees, costs, and expenses for appeals and for attorneys and accountants, for enforcing its rights under these Terms.
(c) Immediate Harm. If you breach these Terms, you may cause us immediate and irreparable harm and Code Cantina will be entitled to seek injunctive relief without the necessity of posting bond.
(d) Our Relationship. You and Code Cantina are independent parties and nothing in these Terms creates an employment or agent relationship.
(e) Severability. If any provision of these Terms is held unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable and such decision will not affect the enforceability of such provision under other circumstances.
(f) Assignment. The licenses we grant to you are for you and you alone. You may not transfer or assign these Terms or licenses without Code Cantina’s express written consent.
(g) Section Headings. The section headings in the Terms are for reference purposes only and do not in any way affect the meaning or interpretation of the Terms.
(h) Waiver. The failure of either you or us to enforce any right or provision in the Terms will not constitute a waiver of such right or provision.
(i) Entire Agreement. These Terms and the Privacy Policy are the complete and final agreement between us regarding your use of the Service.
17. Our Contact Information. If you have questions regarding these Terms, please contact us at: info@codecantina.com.