Welcome. We hope you will enjoy participating in the Webkinz Beta Program, which includes access to one or more pre-release product and projects, Virtual Currency and In-Game Content (both defined below in Section 3), (collectively, the “Webkinz Beta Program Materials”).
Your participation in the Webkinz Beta Program is governed by this Agreement, and GANZ’s Webkinz User Agreement and Children’s Privacy Policy (including all policies and notices referenced therein). The said User Agreement and Children’s Privacy Policy are incorporated by reference herein (all of which are collectively referred to herein as the “Agreement”). This Agreement is between you and GANZ, an Ontario partnership located at One Pearce Road, Woodbridge, Ontario, L4L 3T2 Canada.
By participating in the Webkinz Beta Program, you agree to the terms of this Agreement. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE WEBKINZ BETA PROGRAM MATERIALS, OR PARTICIPATE IN THE WEBKINZ BETA PROGRAM.
1. Webkinz Beta Program Participation Requirements
By participating in the Webkinz Beta Program, you confirm and agree that:
A. Your access to the Webkinz Beta Program begins once you install or access the Webkinz Beta Program Materials and ends when the Webkinz Beta Program expires or is concluded, unless terminated earlier or extended.
B. An Internet connection and Webkinz Account may be required to participate in the Webkinz Beta Program. To create a Webkinz Account, you must provide a valid email address. You must be eligible to participate in the Webkinz Beta Program and be a resident of a country where participation in the Webkinz Beta Program is permitted.
C. You are 18 years of age or older.
2. License
Your use of the Webkinz Beta Program Materials is subject to all license and other terms described in GANZ’s Webkinz User Agreement.
3. Virtual Currency and other In-Game Content
GANZ may offer virtual or fictional points, coins, or currencies (“Virtual Currency”) in the Webkinz Beta Program. When you obtain this Virtual Currency, you receive a limited, non-assignable, non-exclusive, revocable license to access and select from in-game products, services, assets, or content (“In-Game Content”) that GANZ expressly makes available in the Webkinz Beta Program. GANZ’s Webkinz User Agreement contains additional terms that apply to your access and use of Virtual Currency and In-Game Content.
The Webkinz Beta Program and Webkinz Beta Program Materials will run in a test environment, and characters, achievements, progress, features, Virtual Currency and In-Game Content that you obtain while participating in the Webkinz Beta Program may be erased, updated or modified at GANZ’s sole discretion, at any time and without notice to you. GANZ does not guarantee that any particular Virtual Currency or In-Game Content will be available at all times or at any given time. These items may not be accessible after the Webkinz Beta Program ends, or after commercial launch of the game.
4. Reviewing and Evaluating Webkinz Beta Program Materials
Your participation in the Webkinz Beta Program is voluntary, done for your personal enjoyment, and does not constitute employment or an offer of employment between you and GANZ. GANZ does not ask or require you to work a certain number of hours or shifts to participate in the Program. GANZ expects you only to use your leisure time to participate in the Webkinz Beta Program, and does not expect you to forego other activities, including gainful employment. Your participation in the Webkinz Beta Program and any feedback, suggestions and comments you give GANZ (such as bug reports and test results) (“Feedback”) do not entitle you to receive compensation of any kind.
GANZ shall have the right (but not the obligation), at its sole discretion, to credit you for the Feedback, and you grant GANZ a license to attribute such Feedback to you. You grant GANZ the right (but not the obligation) to use the Feedback for any purpose, including in any products, marketing, or other media, without your approval or notice, and without compensating you. You represent and warrant that: (1) you have the right to enter into this Agreement and assign and grant these rights; and (2) any Feedback provided by you is your original work and does not infringe any third party intellectual property rights.
By participating in the Webkinz Beta Program, you agree to receive communications by email about your participation in the Webkinz Beta Program, including to solicit Feedback, even if you have not agreed to receive general marketing email from GANZ.
5. Anti-Tamper and Anti-Cheat Technologies
GANZ may use technical and content protection measures and anti-cheat technologies with the Webkinz Beta Program Materials. For information about how these technologies gather information from your device to help combat piracy and cheating, please refer to GANZ’s Webkinz User Agreement.
6. Termination
This Agreement is effective until terminated by you or GANZ. GANZ may terminate your Webkinz Account as well as your access to the Webkinz Beta Program and Webkinz Beta Program Materials if you violate any of the terms of this Agreement. Sections 4, 7, 8, 9 and 10 of this Agreement will survive any expiration, conclusion or termination of this Agreement.
7. Relief and Indemnity
You agree that a breach or threatened breach of this Agreement will cause GANZ irreparable harm, that money damages would be an inadequate remedy, and that GANZ shall be entitled to ex parte injunctive relief without bond to stop a breach or threatened or anticipated breach.
8. Use of Data
When you participate in the Webkinz Beta Program, GANZ may collect and store data from your computer or device, including information about your computer or device and operating system (such as IP Address and device ID), information about your Webkinz Beta Program Materials usage, gameplay and usage statistics, system interactions and peripheral hardware. GANZ may use this information to operate its business, improve its products and services, provide services to and communicate with you (including for marketing purposes), provide software updates, dynamically served content and software support, troubleshoot bugs and/or enhance your experience.
You should not disclose your personal information in your public communications within the Webkinz Beta Program Materials. GANZ is not responsible for information that you choose to communicate to other users within the Webkinz Beta Program, or for the actions of other users. GANZ reserves the right to monitor this content and communications.
9. Confidentiality
All Webkinz Beta Program Materials and information you provide GANZ in connection with the Webkinz Beta Program constitute GANZ’s “Confidential Information.” Confidential Information includes:
(1) information about, within, or sent through the Webkinz Beta Program Materials and/or the Webkinz Beta Program, including:
- (a) the performance, capabilities and content of the Webkinz Beta Program Materials,
- (b) Feedback from you, other Webkinz Beta Program participants, or GANZ employees; and
(2) Information about GANZ products, services or business operations.
You may not share, publish, disclose, distribute, transmit, post or make available, directly or indirectly, Confidential Information to any third party, until or unless GANZ publicly releases the product(s) or content you are reviewing. However, you may disclose the existence of the Webkinz Beta Program and that you are a member of the Webkinz Beta Program.
At GANZ’s request, you must return to GANZ any and all copies of the Webkinz Beta Program Materials delivered to you.
10. Warranty
YOU ACKNOWLEDGE THAT THE WEBKINZ BETA PROGRAM MATERIALS PROVIDED HEREUNDER ARE PRE-RELEASE PRODUCTS. YOU ACKNOWLEDGE THAT THE WEBKINZ BETA PROGRAM MATERIALS MAY CONTAIN ERRORS AND DEFECTS AND ARE NOT FINAL PRODUCTS. GANZ DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR THE WEBKINZ BETA PROGRAM OR THE WEBKINZ BETA PROGRAM MATERIALS.
EXCEPT AS STATED ABOVE, ALL STATUTORY WARRANTIES AND PROVISIONS RELATING TO LIABILITY AND EXPORT RESTRICTIONS ARE SET OUT IN GANZ’S WEBKINZ USER AGREEMENT.
11. Changes to this Agreement
If we revise terms affecting existing elements of the Webkinz Beta Program, these changes shall be effective thirty (30) days after we send you email notice. If we make changes to the Webkinz Beta Program, these are effective immediately after we have sent you an email notice. Your continued use of the Webkinz Beta Program Materials means you accept these changes. Once you accept a version of this Agreement, we will not make future material changes to this Agreement without your express agreement. If you are asked to accept a material change to this Agreement and you decline to do so, you may not be able or permitted to continue to use the Webkinz Beta Program Materials provided.
