Terms and Service

These Terms of Service reflect the way Walpine operates and the laws that apply to our company. As a result, these Terms of Service help define Walpines’s relationship with you as you interact with our services. It’s important to understand these terms because, by using any Walpine service, you are agreeing to these terms.

By accessing any Walpine website, application or service website we assume you accept these terms. Do not continue to use any of our services if you do not agree to all of the terms stated on this page.

Walpine services are provided by Walpine Inc., organized under the laws of Ontario, Canada and operating under the laws of Canada.

Services

We provide a broad range of services that are subject to these terms, including:

  • Applications, such web applications, downloadable software and mobile applications
  • Video games on different platforms, such as your computer or mobile device
  • Platforms and Developer APIs
  • Websites

Additionally, any services provided in part or in whole by our partners are also subject to these terms. This website is an example of one of our services.

We’re constantly developing new technologies and features to improve our services. As part of these improvements, we sometimes add or remove features and functionalities, increase or decrease limits to our services, and start offering new services or stop offering old ones. We reserve the right to make these changes without notifying you.

Walpine reserves the right to suspend or terminate your access to our services, without notice, for any reason.

Intellectual Property License

This license covers your content that is protected by intellectual property rights. By agreeing to these terms, you are also agreeing to this License.

This license does not apply to publicly available factual information that you provide. Walpine does not require a license to use this type of information because it is considered common knowledge that everyone is free to use.

This license is:

  • worldwide, which means it’s valid and applies anywhere in the world
  • non-exclusive, which means others can also license your content
  • royalty-free, which means there are no fees for this license

This license allows Walpine to:

  • host, reproduce, distribute, communicate, and use your content
  • publish, publicly perform, or publicly display your content
  • modify and create derivative works based on your content, such as translating it
  • sublicense these rights to other users or our contractors

This license lasts for as long as your content is protected by intellectual property rights.

Content

Some of our services are designed to let you upload, submit, store, send, receive, or share content. You have no obligation to provide any content to our services and you’re free to choose the content that you want to provide. If you choose to upload or share content, please make sure you have the necessary rights to do so and that the content is lawful.

If we reasonably believe that any of your breaches these terms,  or could harm our users, third parties, or Walpine, then we reserve the right to take down some or all of that content in accordance with applicable law. Examples include child pornography and content that facilitates human trafficking or harassment.

Some of our services include content that belongs to Walpine. You may use Walpine’s content as allowed by these terms, but we retain any intellectual property rights that we have in our content. Don’t remove, obscure, or alter any of our branding, logos, or legal notices.

Some content on our services belongs to other people or organizations. You may not use this content without that person or organization’s permission, or as otherwise allowed by law. The views expressed in other people or organizations’ content are theirs, and don’t necessarily reflect Walpine’s views.

Virtual Goods and Subscriptions

Our services may include virtual goods, virtual currencies or subscriptions. You agree that any items or subscriptions purchased through our servcices have no monetary value and can never be exchanged for money, goods or services from us or anyone else. You agree that virtual goods, currencies and subscriptions are not transferable to anyone else and you will not transfer or attempt to transfer these to anyone else.

All sales for virtual goods and subscriptions are final and we will not refund any transaction once it has been made. Active subscriptions cannot be cancelled during the subscription period unless otherwise indicated. To the fullest extent allowed by law, you agree to pay the full price of all virtual goods, virtual currencies and subscriptions, and any additional cost such as taxes, at the time of purchase. If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.

Virtual goods and virtual currencies are sometimes stored locally on your device and are not shared between multiple services or multiple devices. You acknowledge that virtual goods and virtual currencies may be lost if your device is lost, stolen, damaged or otherwise inoperable. We reserve the right to control, regulate, change or remove any virtual goods, virtual currency or subscriptions without any liability to you at any time.

We may  change the price of virtual goods, virtual currencies or subscriptions at any point in time without notice. If the price of a subscription changes while your subscription is active, your subscription’s price will be updated in the next billing period. Subscriptions will automatically renew 24-hours prior to the expiry of the subscription billing period.

Software and Source Code

Some of our services include software that’s offered under open source license terms that we make available to you. Sometimes there are provisions in the open source license that explicitly override parts of these terms, so please be sure to read those licenses.

You may not copy, modify, distribute, sell, or lease any part of our services or software. Also, you may not reverse engineer or attempt to extract any of our source code unless you have our written permission or applicable law lets you do so.

When a service requires or includes downloadable software, that software sometimes updates automatically on your device once a new version or feature is available. Some services let you adjust your automatic update settings.

Indemnification

We shall not be held responsible for any content that appears on our services. You agree to protect and defend us against all claims that is rising on your services. No link(s) should appear on our services that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WALPINE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WALPINE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Disclaimer

Walpine provides the services “as is” and on an “as available” basis. Your use of the services is at your own risk. Walpine provides the services without express or implied warranty or condition of any kind. We also disclaim any warranties or conditions of merchantability, fitness for a particular purpose or non-infringement.

Walpine makes no warranty or condition that the services will meet your requirements or be uninterrupted, timely, secure or error-free. Walpine makes no warranty or condition that results obtained from your use of the services will be accurate or reliable or that any errors in the services will be corrected. Walpine will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the services. No advice or information, whether oral or written, obtained by you in connection with your use of the services shall create any warranty not expressly stated in these terms.

About These Terms

These terms and any action related thereto will be governed and interpreted by and under Canadian law, without giving effect to any principles that provide for the application of the law of another jurisdiction.

By law, you have certain rights that can’t be limited by a contract like these terms of service. These terms are in no way intended to restrict those rights. If it turns out that a particular term is not valid or enforceable, this will not affect any other terms.

These terms describe the relationship between you and Walpine. They don’t create any legal rights for other people or organizations, even if others benefit from that relationship under these terms.

We reserve the right to modify or replace these terms at any time and without prior notice. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.