Last Modified: October 13, 2023
By using the 12 ONE LLC d/b/a Cloud of Wit ("Cloud of Wit" or "we," "us," "our") website or any of its services, you are agreeing to the Terms of Service. This is a legally binding Agreement. It also mentions that the company has the right to amend these terms without prior notification. It is your responsibility to review the terms periodically, and if you find them unacceptable, you should immediately stop using the site and its services.
The agreement emphasizes that it constitutes the entire agreement between you and Cloud of Wit and supersedes any previous agreements, representations, warranties, or understandings. Additionally, if you violate these Terms of Service, Cloud of Wit reserves the right to take action against you, which may include terminating your account.
2. AGE OF USERS
To access and utilize our services, you must confirm that you are at least 16 years of age or older. If you are between the ages of 16 and 18, you are required to obtain explicit consent from your parent or legal guardian, who must have reviewed and accepted this agreement on your behalf.
The Games provided to you are licensed, not sold, by Cloud of Wit. Cloud of Wit and its licensors, where applicable, hold all rights, including but not limited to copyright, trademark, trade dress, patent, and other intellectual property rights, in and to all Games. All applicable laws, rules, or regulations regarding intellectual property rights are reserved by Cloud of Wit, except for the limited license granted to you under these Terms. You do not possess any intellectual property rights in or related to any Game, except for the right to use them in accordance with these Terms.
Limited License to Use the Services
Provided that you agree to these Terms of Service and consistently adhere to them, Cloud of Wit grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the services for your personal non-commercial entertainment purposes. It is important to note that services are intended for your personal use only and should not be used for any other purpose.
To ensure compliance with these terms, the following restrictions apply to your use of the services:
You are prohibited from purchasing, selling, renting, or transferring your account. Your account should be used solely for non-commercial purposes.
You must not create an account using false information or on behalf of someone else.
If you have previously been removed or banned by Cloud of Wit from playing any of their games, you are not allowed to use the services.
By adhering to these restrictions, you can continue to enjoy the services in accordance with its intended purpose.
Any use of the services that violate the License Limitations is strictly prohibited and may result in the immediate revocation of your limited license. Furthermore, such violations may subject you to liability for legal violations.
By agreeing to these Terms of Service, you commit to not engage in any actions that conflict with the spirit or intent of the services or misuse Cloud of Wit’s support services. Additionally, you are prohibited from using cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software that aims to modify or disrupt the services, Cloud of Wit’s games, or the gaming experience.
Modifying or attempting to modify any files that are part of the service or any Cloud of Wit’s game and mobile application without the express written consent of Cloud of Wit’s is also strictly prohibited. Similarly, you must not attempt to gain unauthorized access to the services, other users' accounts, or the computers, servers, or networks connected to the services through any means other than the provided user interface by Cloud of Wit. This includes circumventing or modifying any security measures, technologies, devices, or software integrated into the services.
Cloud of Wit reserves the right to determine what constitutes a violation of the rules of use or goes against the intent or spirit of these Terms of Service or the services. Consequently, Cloud of Wit reserves the right to take appropriate action, which may involve terminating your account and prohibiting you from using the services, either partially or entirely. It is important to comply with these guidelines to ensure fair and enjoyable use of the services by all users.
When accessing the site or using the services, it is mandatory to comply with local laws, general principles of law, and respect the intellectual property rights of others. Your use of the services and the Site is governed by laws concerning copyright ownership and the use of intellectual property. You are prohibited from uploading, downloading, displaying, performing, transmitting, or distributing any Content that infringes on the copyrights, trademarks, or other intellectual property or proprietary rights of third parties.
It is your responsibility to adhere to laws regarding copyright ownership and intellectual property use. You are solely liable for any violations of laws or infringements of third-party rights that may occur due to the Content you provide or transmit, or that is provided or transmitted using your ID. You bear the burden of proving that any Content does not violate laws or third-party rights. If you become aware of or reasonably suspect any infringement of copyrights or trademarks owned by the Company or any third parties on any Company Site, you must promptly notify the Company to report such infringement.
During chat sessions, you are not permitted to upload, download, display, perform, transmit, or distribute any Content that is libelous, defamatory, obscene, pornographic, abusive, threatening, or in violation of any applicable local, state, national, or foreign law or regulation. The Company reserves the right to terminate your access to the services and delete any such material from its servers. Additionally, the Company intends to fully cooperate with law enforcement officials or agencies in investigating any violations of these Terms of Service or applicable laws.
When you upload or post User Content to a Game, you grant us the following rights to use that content:
An irrevocable, non-exclusive, royalty-free, and fully-paid worldwide transferable license with the right to grant sublicenses. This allows us to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content. We may display your User Content in any Game and use it to promote the Game indefinitely.
A non-exclusive, royalty-free, and fully-paid worldwide transferable license. This enables our partners or other users to use your User Content in accordance with the functionality of the Game. They have the right to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content. Your User Content may be displayed in any Game and used to promote the Game indefinitely.
The Company imposes certain restrictions on your use of the Site and the services. You are prohibited from engaging in the following activities, which include, but are not limited to:
Attempting to modify, reverse-engineer, decompile, disassemble, or extract source code used by the Company to provide the Site or services. Violation of system or network security may result in legal consequences.
Accessing content or data that is not intended for you, or logging into a server or account without proper authorization.
Attempting to probe, scan, or test the vulnerability of the services, Site, or any associated system or network, or breaching security measures without authorization.
Interfering with or attempting to disrupt the service for other users, hosts, or networks, such as by submitting viruses, overloading, spamming, or crashing.
Sending unsolicited emails, promotions, or advertisements through the services.
Falsifying or altering email headers or other header information in any communications using the services.
Using the Game in any unlawful manner, or for any unlawful purpose, or in any manner inconsistent with these terms
You are also prohibited from hosting, providing matchmaking services for, intercepting, emulating, or redirecting the communication protocols used by Cloud of Wit in its games or mobile applications, regardless of the method employed. This includes activities such as protocol emulation, reverse engineering, modifying Cloud of Wit's games, adding components to the games, or using utility programs to host the games. Additionally, you are not allowed to use any user interface for Company games other than the interface provided by the Company for a specific game.
Furthermore, you agree that you will not (1) modify or attempt to modify any files that are part of a Cloud of Wit’s game, (2) create or use cheats, mods, hacks, or any third-party software designed to modify the game experience of Cloud of Wit's games, and (3) use any third-party software that intercepts, mines, or collects information from or through a game of Cloud of Wit. Violations of these restrictions may result in consequences, including civil and/or criminal liability.
Suspension and Termination of Account and Service
Cloud of Wit reserves the right to take various actions, including but not limited to deleting, suspending, terminating, limiting, or modifying accounts or access to the services or any parts thereof, under certain circumstances. These actions may be taken if Cloud of Wit suspects or if you have failed to comply with any of the Terms of Service, engaged in illegal activities, or misused the services, with or without prior notice.
It is important to note that such actions may lead to the loss of your account, information, persona, benefits, and any in-game purchases made. Cloud of Wit shall not be held responsible for any loss of information, persona, rankings, benefits, or incurred losses, and is not obligated to compensate you in any manner for such losses.
Furthermore, Cloud of Wit has the right to cease offering and/or supporting the services, including specific games or parts thereof, at any time. In such cases, your license to use the services or any affected portions will be automatically terminated. Cloud of Wit is not obligated to provide refunds, benefits, or any form of compensation to users in connection with the discontinuation or termination of such services. These actions may also result in the termination of your account, the disabling of your access to the services or any affected content, including any content that may have been submitted or was in the process of being submitted.
4. USER GENERATED CONTENT SUBMISSIONS
Cloud of Wit games, including uwitdaily™, are Christian-based games and do not teach other faith traditions or specific socio-political ideologies. If you submit content to the game, you understand and agree that Cloud of Wit is neither obligated to accept or publish user generated submissions, nor is it obligated to provide financial compensation should the content submission be published in a game. User-generated content submissions become the property of Cloud of Wit. The uwitdaily™ editorial board may make modifications or edits to the content for clarity, accuracy and/or alignment with the theological principles outlined in the Cloud of Wit and uwitdaily™ statements of belief. uwitdaily™ will make an effort to notify you via email or text if the content has been selected and approved for publication.
5. FEES AND PURCHASE TERMS
By using our services, you have the option to purchase Virtual Items, which include virtual currency and in-game items, as well as other goods or services for your personal and non-commercial entertainment. This purchase grants you a limited, non-transferable, non-sub-licensable, and revocable license to utilize these Virtual Items. Please note that you can only obtain Virtual Items from Cloud of Wit or its authorized partners through our services, and not through any other means.
It's important to understand that Cloud of Wit retains full authority to manage, regulate, control, modify, or eliminate Virtual Items. Consequently, we may revoke your access to these items at any time and for any reason, with or without prior notice. In such cases, Cloud of Wit holds no liability to you or any third party. Regardless of any consideration paid for the virtual items, you do not possess any claim, right, title, proprietary, or ownership interest in them.
Unless explicitly authorized by Cloud of Wit, the following actions are strictly prohibited: (i) transferring Virtual Items to other user accounts; (ii) buying or selling Virtual Items for real-world money or engaging in any form of exchange for value outside of the services; and (iii) recognizing any transfers, sales, gifts, or trades of items from the services in the real world. Any attempt to engage in the aforementioned activities violates our Terms of Service and will result in the automatic termination of your rights to use the Virtual Items, potentially leading to the termination of your account. Additionally, all Virtual Items are forfeited if your account is suspended or terminated for any reason, or if Cloud of Wit discontinues providing the services.
By using our services, you agree not to assert or bring any claim against Cloud of Wit, its affiliates, directors, officers, employees, agents, or licensors in relation to (i) claiming ownership of any Virtual Items or (ii) seeking monetary compensation for the perceived value of Virtual Items lost due to the deletion or suspension of your account, or the modification, termination, or expiration of these terms.
Certain parts of our Games may offer subscription services that provide ongoing access to dynamic content or services within the Game. The subscription fees and time periods will be clearly indicated on the subscription page for the Game.
Your subscription will automatically renew at the beginning of each billing period unless you or we terminate it. You have the option to cancel your subscription at any time by accessing your App Store account and turning off the renewal. To avoid being charged for the next subscription billing period, please ensure you cancel your subscription at least 24 hours before the current subscription period expires.
For subscription services purchased within a Game, the App Store will handle the billing and charge you accordingly, subject to the App Store's payment terms. It is recommended that you review the payment terms of the appropriate App Store for further information.
Fees, Refunds and Return Policy
All sales made through our services are considered final. It is important to acknowledge and agree that any fees and charges incurred (including virtual items) are non-refundable, either in whole or in part. You bear full responsibility for all charges to your account, including unauthorized charges. Please note that Cloud of Wit does not provide refunds or exchanges for any products purchased on or through our services.
Furthermore, except as otherwise stated by applicable law, you understand that you will not receive a refund, monetary compensation, or any form of compensation for unused virtual items or other in-game assets in the event of service termination, whether such termination is voluntary or involuntary and without prior notice.
Cloud of Wit reserves the right to modify the pricing, availability, specifications, content, descriptions, or features of the game, mobile application, or any products offered through our services at any time. The availability of products at a given time does not guarantee their availability at any other time. Any changes made will be effective immediately upon posting the updated product prices on our services.
6. NO WARRANTIES
The Company explicitly disclaims all warranties regarding the services and information provided through the Site. The services and information are provided "as is" and "as available." To the maximum extent permitted by law, the Company does not make any express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement, regarding the Site.
The Company does not guarantee that the Site or the services will meet your requirements or that the operation of the Site or the services will be uninterrupted or error-free. The information and services provided may contain bugs, errors, problems, or other limitations. Neither the Company nor its affiliated parties have any liability for any issues arising from your use of the information or services.
Please note that the above disclaimer applies to the fullest extent permitted by law, and your use of the Site and services is at your own risk.
7. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Cloud of Wit shall not be held liable for any indirect, incidental, consequential, special, punitive, or similar damages, including but not limited to loss of revenues, lost profits, lost data, business interruption, or other intangible losses arising from or relating in any way to these Terms of Service or the services itself. This applies whether such damages are based on contract, tort, or any other legal theory, and regardless of whether Cloud of Wit has been advised of the possibility of such damages. In any event, Cloud of Wit's liability to you shall not exceed the amount you paid to us for the purchases made within the games of Cloud of Wit, to the extent permitted by law.
These Terms of Service do not affect the statutory rights of any consumer or limit liability for gross negligence or willful misconduct on the part of Cloud of Wit.
You agree to indemnify, defend, and hold Cloud of Wit, its officers, directors, agents, subsidiaries, joint ventures, and employees harmless from any claim, demand, damages, or other losses, including reasonable attorneys' fees, asserted by any third party resulting from or arising out of your use of the services or any breach of these Terms of Service by you. However, this provision does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.
By using the Site and the services, you agree to indemnify, defend, and hold Company, its affiliates, officers, directors, employees, consultants, agents, and representatives harmless from any and all third-party claims, losses, liability, damages, and costs (including but not limited to attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Service, or your infringement, or the infringement by any other user of your account, of any intellectual property or other right of any person or entity.
In the event of such a claim, loss, liability, or demand, the Company will notify you promptly and provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. It is your responsibility to cooperate fully with Company in the defense of any such claim, and Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you will assist and cooperate with Company in asserting any available defenses.
9. INTELLECTUAL PROPERTY
Our services, along with its original content, features, and functionality (excluding Content provided by users), is and will continue to be the sole property of the Company and its licensors. Our services are protected by copyright, trademark, and other laws of the United States and foreign countries. The trademarks and trade dress of the Company may not be used in connection with any product or service without the prior written consent of the Company.
If you provide Cloud of Wit with any feedback or suggestions ("Feedback") through any medium, including at our request, through a feature, directly to us, or via an App Store, please note that Cloud of Wit will consider such Feedback as non-confidential and non-proprietary. As a result, Cloud of Wit will have the freedom to use the Feedback in an unrestricted manner, without any obligation to compensate you or any third party for its use.
11. APPLICABLE LAW
These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation will be governed by and construed in accordance with the laws of New Jersey. You agree that the federal courts located in the state of New Jersey will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the subject matter or formation of these Terms.
If, for any reason, a court of competent jurisdiction determines that any term or condition in these Terms of Service is unenforceable, the remaining terms and conditions shall remain unaffected and in full force and effect. The unenforceable term or condition shall be modified or interpreted to the extent necessary to make it enforceable within the limits of applicable law, while still achieving its intended purpose.
13. THIRD-PARTY SERVICES
The services and/or games may provide links to Third-party services, or may make Third-party services available to you within the services or games. These Third-party services can include features such as gameplay recording and sharing, social media connectivity, advertisements placed and more. You acknowledge and agree that Third-party services are governed by their respective terms and conditions. It is important for you to read and understand these Third-party terms and conditions, as they form an agreement between you and the Third-party service provider.
14. APPLICATION STORES
You acknowledge and agree that the availability of the Game is dependent on the third-party Application Store from which you obtained the Game, such as the Apple iPhone or Android stores. You understand that this Agreement is between you and the game developer and not with the Application Store. The Application Store is not responsible for the Game itself, its content, maintenance, support services, warranty, or addressing any claims related to the Game (such as product liability, legal compliance, or intellectual property infringement). You are responsible for paying any fees charged by the Application Store in connection with the Game, if applicable. Your use of the Game is subject to your compliance with all applicable third-party terms of agreement, including the terms and policies of the Application Store. You acknowledge that the Application Store and its subsidiaries are third-party beneficiaries of this Agreement and have the right to enforce this Agreement.
Cloud of Wit reserves the right to make changes to these Terms of Service without prior notice at its sole discretion. These changes may include revising the terms, modifying the Site and/or the services, or discontinuing the Site and/or services entirely. Any revised Terms of Service will be posted on the Site and will become effective immediately upon posting. It is your responsibility to periodically review these Terms of Service and other online policies posted on the Site to stay informed about any revisions.
16. FORCE MAJEURE
Cloud of Wit shall not be liable for any delay or failures to fulfill its obligations that arise from factors beyond its reasonable control. These factors include, but are not limited to, unforeseen circumstances or causes beyond Cloud of Wit's control, such as natural disasters, war, terrorism, riots, embargoes, actions taken by civil or military authorities, fires, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
17. CONTACT US
If you have any questions about these Terms and Conditions or further information related with this scope, please request Support through our website.