By accessing our Site, software, hardware, products we provide to you, content on our Service, our forums, additional websites (such as test websites we provide to you), or any other aspect of our Service, you are signifying your agreement to these Terms. If you do not agree to these Terms, you may not use the Service. Users under the age of 18 must have a parent or guardian's consent in order to agree to these Terms.
We may change, update, or otherwise alter these Terms from time to time, if we have reason to do so. There may be changes to our game, site, practices, or legal obligations that require such alterations. We will inform you of changes we make to our Terms before said changes take effect, either by posting a notice on our Site or another reasonable method (such as sending an email to the email associated with your account). If you just so happen to use the Site or your account after the change, that means you agree to the changes to the Terms. If you do not agree to the Terms, you should not use our Service or Site. Changes will apply to your use of our Site the next time you use it, once the changes go into effect.
You are not allowed to hack, decompile, distribute, disassemble, publicly display or perform, modify, reverse engineer or change our Site, software or Services at any time for any reason. This includes code, content or data on our Service. In short, you really should leave everything the way it is. You're also not allowed to create content that mimics our Site or brand. We want our community to stick to the official website rather than one someone else operates.
You also agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to our site, Services, hardware, software, applications, or any additional resources provided to you by us.
If for some reason you decide to breach the above Terms, you may be subject to prosecution, damages, and liability for infringement on our intellectual property rights. In other words, please leave everything the way it is.
Our games are important to both us, and our community. This means that a lot of our community want to use our Brands and things within our games to do awesome things. However, sometimes, people exceed boundaries and do things that make our community members feel that services or products being offered to them are connect to, endorsed by, or produced by us. That isn't cool, especially in situations where users are intentionally taken advantage of and our work. When that type of incident happens, our community members purchase goods they think are official when they are not. Essentially, it means we cannot control the quality of products and services, which ultimately devalues the work we have done and the trust we have built with our community.
We want you to keep making cool things with content we provide to you on our Site, so we have created a set of guidelines to help everyone understand what we consider to be fair and unfair use of our Name, Brand, and Assets. The purpose of these guidelines are to provide clarity on what you can do without having to contact us, what what you must not do (or else we will contact you).
Guidelines. These guidelines cover the use of our Brand and/or Assets. We are, in particular, referring to:
We want to inform you that these guidelines will apply in addition to, but not in the place of, the rest of these Terms. Please do not do any of the following:
that is, of course, in the case we do not give you permission to do so.
We reserve the right to change. modify, or remove the content of our Site at any time for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinued use of the Site.
Additionally, we cannot guarantee the Site will be available at all times. We may have issues with hardware, software or other problems that require us to perform maintenance related to our site. This may cause errors, delays or interruptions to the Service. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify our Site at any time for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site, or to supply any corrections, updates, or releases. We may pilot new features, and may even release features for users to use from time to time. However, we do not assume responsibility of loss of revenue, assets, virtual currency, or other information associated with your account if these features are removed from the Service. We will make reasonable efforts to compensate users, or notify users about the discontinuance of a feature on the Service before the removal of a feature from the Service.
If you decide to come to us with a suggestion for any of our websites, games, features, or any part of our Service/Services, that suggestion is made for free and we have no obligation to accept your suggestion or consider it. That means we can use (or not use) your suggestion in the way we want, and we don't necessarily have to pay you to use your suggestion. If you believe your suggestion is good enough to require payment for, please do not submit it to us unless you've first told us that you expect to be paid for it. Additionally, we have to respond to your request in writing, and you have to also submit said suggestion in writing. That doesn't mean we would never pay our players for valuable contributions to our Service, but it does mean that we have no obligation to pay for such suggestions.
Though optional, creating a user account ("Account") is necessary to access certain features on our Site. When you set up an Account on our Site, you are the sole authorizer of your Account, and are responsible for maintaining the secrecy and confidentiality of your Account password, as well as all activities that transpire on or within your Account. You should never allow someone on your account unless it is your parent or guardian. Additionally, it is important that you provide us with accurate information when you create an Account, as failing to do so is a violation of these Terms. If you believe someone has gained access to your Account or your password has been compromised, you may change your Account password by navigating to the Account tab in your settings, or you may contact our support team via email at [email protected].
As a user, you agree that we may, without any prior written notice or consent, immediately suspend, terminate, discontinue, and/or limit your access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
Furthermore, you herein agree that any and all terminations, suspensions, discontinuance, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account or access to any of our Services. The termination of your account shall include any and/or all of the following:
We offer certain membership subscriptions, virtual currency packages, and additional purchasable merchandise or services on our Site. We refer to such purchasable merchandise or subscriptions as a payable service ("Payable Service"). When you make a payment on a Payable Service, you are making a payment directly to us. When making purchases on the Service, you may not:
Accounts linked to unauthorized purchases will be terminated and will no longer be allowed to access the Service. Additionally, we reserve the right to restrict your access to the Service permanently for participating in or conducting fraudulent purchases on the Service. By making a payment on the Service, you are agreeing that you are the authorizer of the payment method, and have the funds available in order to complete the purchase.
Pricing and Payments
The prices and payment methods are set out on our Site, but we might change those every once in a while and can refuse any form of payment if we want, and we can also return the payment to you without completing a transaction if the item paid for was posted or priced by mistake. You must always pay in the currency set out on our Site (U.S. dollars), but your credit card company should be able to exchange your money if needed. Additionally, your credit card company may do checks to ensure it is you actually making the purchase.
We offer two forms of virtual currency on our Service. Subject to applicable law, these forms of currency have no exchangeable or monetary value. These two forms of currency are described below:
Bux and Bits are for use for our online Services only. You may not, for any reason, sell, trade, distribute, lend, exchange, or otherwise perform any transaction with Bux or Bits outside of the boundaries and features of our Service. We do not support or condone transactions on Bux or Bits outside of the boundaries of the Service. Accounts linked to such transactions will be terminated, and no refunds will be given for Bux or Bits associated with these types of transactions.
You acknowledge that we have the right to, and may at any time, determine the value of (or lackthereof) and/or supply of (or lack thereof) Bux or Bits. Additionally, we may also perform actions that may show a perceived value or devalue of Bux or Bits. We reserve the right, at any time, to revoke your ability to use Bux or Bits, or revoke access to features that are associated with Bux or Bits. This includes the ability to purchase items, trade items, or otherwise cause the dispersing of your Bux or Bits.
By purchasing a membership subscription, your membership subscription will automatically renew. Unless you cancel your membership subscription, you authorize us to charge the stored payment method associated with your account in order to complete the renewal. Before the renewal, we will send a renewal invoice to the email address associated with the last payment on your user account. You may, at any time before the renewal occurs, cancel your renewing subscription by accessing the Membership tab in your account settings. If you cancel your subscription, your membership will continue until the end of the subscription date.
Refunds on Payable Services. We aim to please all users, and part of our commitment to that is allowing users the ability to refund certain purchases made towards our Payable Services. Without prejudice to any statutory rights you may have, we will, upon request, issue refunds on account membership subscriptions if you request a refund within 24 hours of the original purchase.
Non-refundable Payable Services and Additional Purchases. Certain Payable Services or website purchases we will not refund. Subject to applicable law, the following will not be refunded for any reason:
Refund Requests. You may request a refund by navigating to your account settings page and accessing the Membership tab. When a refund is requested, your account's membership subscription will be paused until a support representative reviews your request. We honor the time the refund was originally requested, rather than the time at which it is reviewed. This means that if we review the request at the 30 hour mark, your request is valid because it was requested within the 24 hour mark.
All refunds are subject to review, and we have the right to refuse refunds to any user for any reason. If your refund is rejected, your membership will unpause and revert to normal. Please note: when a membership subscription is paused, it will extend the date to include the paused period to ensure you receive the adequate amount of days paid. Additionally, we may limit your ability to refund subscriptions if we believe you are abusing your ability to refund (see " Refund Abuse" below). Refund requests will be processed within 7 business days.
Refund Types. All refunds will be issued in U.S. dollars. Generally, all refunds are processed back to the original method of payment. However, there are circumstances that refunds cannot be issued back to the original method of payment. In these circumstances, your account will be given account credit in the dollar amount for which the purchase was made. Account credit can be used to purchase additional Payable Services on our Site. Account credit cannot be redeemed for cash and is only available for use on Worldtobuild.com.
In the event that payments are refunded in account credit, the account credit will be available immediately after your request is approved. However, if your refund is approved and refunded back the original payment method, the refund may take some time to process. Credit card refunds may take 3-7 business days to process back to your card. Please contact your bank if you have not received your refund after one week.
Refund Abuse. We allow users to request and receive refunds in order to maintain a relationship with them. However, if it appears to us that you are abusing refunds, we may stop offering them to you all together. An example of refund abuse would be receiving a refund on a membership subscription, and immediately purchasing the same membership subscription shortly thereafter. All refund blocks are issued by our support representatives and are not automated. Refund blocks are placed on accounts where refund abuse is detected during refund review.
Refund Exceptions. We will not refund any of the following purchases towards our Payable Services or other services, content or assets as outlined below:
Membership Transfers. In the instance that an account is terminated with an active membership subscription, users may request to have the remainder of the active membership subscription moved to a new account. For verification purposes, you must contact us at from the email address associated with your terminated account, and that same email must be connect to and verified on your new account. Membership transfers are not guaranteed. Like refunds, we have the ability to refuse membership transfers to any user for any reason.
If a membership is transferred, it will be ineligible for refund or transfer on your new account. If your new account is terminated with remaining days of a membership subscription that has been transferred, you will not be compensated, refunded, or receive an additional membership transfer. The membership will remain active on the terminated account until it expires at the end of the membership subscription.
Please note: If your account has been issued a CWB (Community-Wide Ban), we may terminate your new account if you submit a membership transfer request.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of any of the following: (i) your contributions to our Services; (ii) your use of our Site or Services; (iii) any breach of these Terms; (iv) and breach of your representations and warranties set out in these Terms; (v) your violation of the rights of a third party, including but not limited to intellectual property rights; or (vi) any overt harmful act toward any any other user on our Site whom you connect with. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
We want to be clear. These Terms do not affect any legal statutory rights you may have under the law that applies to you during your use of our Site or anything you purchase on our Site. You may have certain rights that cannot be excluded. Nothing we state in these Terms will affect those legal rights, even if we mention something that may sound like it directly contradicts your legal rights. That is why we use the phrase "subject to applicable law."
As is. Subject to applicable law, when you use our Site or Services, you understand that they are 'as is'. This means that we aren't making any promises to you about the quality, standard or stability of our Site, its content or that our Site's online services/Services will be uninterrupted or free from error. This means that we are not responsible for any losses you may suffer as a result from the use of our Site. We disclaim all warranties, whether they are expressed or implied, in connection with our Site and your use of it. This includes the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We don't make warranties or representations about the accuracy or completeness of our Site's content or accuracy or completeness of websites linked to ours. We will assume no liability or responsibility for any (i) errors, mistakes or inaccuracies of content or site material; (ii) personal injury or property damage (such as your computer, phone or software and hardware you use to access or play on the Service), of any nature, resulting from your access to and use of our Site; (iii) any unauthorized access to or use of our servers and/or any and all personal information or financial information located on those servers; (iv) any interruption or cessation of transmission to or from our Site; (v) any bugs or viruses (we promise not to give you viruses, but if you download altered unapproved versions of our software, they might be there) that may be transmitted to or through our Site, our software or third-parties; and/or (vi) any errors or omissions in any content and material or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available on our Service. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through our Site, any linked Site, or any website or mobile application featured on any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products and services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgement and exercise caution where appropriate.
We may, in our sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to us through the Service textual, audio, or visual content and information, including commentary and feedback related to the Service, initiation of support requests, submissions of entries for contests or promotions ("User Content"). We may, at any time and in our absolute discretion, remove, edit or delete User Content for any reason, including if the User Content is determined to violate our Terms. We do not assume any responsibility or liability for User Content, for removing it, or not removing it or other content. We pre-screen most content uploaded to our Site with both automated and human processes, but these processes are not always effective.
Any User Content provided by you to us remains your property. However, by providing User Content to us, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in a manner in all formats and distribution channels now known or hereafter devised (including in connected with the Service and on third-party sites or services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the user Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing, or otherwise making available of such User Content, nor our user of the User Content as permitted herein will infringe, misappropriate or violate a third-party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We may, in our discretion, monitor or record online activity or content on the Service and remove any content from the Service at our discretion. Remember that your communications and User Content in the Service is public and will be seen by others.
We respect the intellectual property of others, and we expect our users to do the same. With regards to appropriate circumstances, and our sole discretion, we may disable and/or terminate the accounts of any user that violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or you believe your intellectual property rights have been otherwise violated, please provide us with the following information:
All notifications must be submitted pursuant to the Digital Millennium Copyright Act ("DMCA") by contacting our copyright agent at [email protected]. You acknowledge that if you do not comply with all requirements listed here, your DMCA notice may be invalid.
SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.
Individual Arbitration. We hope to remain in good standing with all of our users, but if for some reason that relationship changes, you and we agree to try for 60 days to work the issue out informally. If we are unable to do so and you live in the United States of America, you and we agree to binding individual arbitration before the American Arbitration Association ("AAA") under the Federal Arbitration Act, and agree not to sue in court in front of a judge or jury. Rather, a neutral arbitrator will decide. We want to be able to get back to work just like you, and AAA helps us both do that. Class-action suits, class-wide arbitrations, private attorney general actions, and anything else where someone acts in a representative capacity are not allowed, nor is combining individual proceedings without the written consent of all parties involved.
Disputes Covered. The term dispute means and claim or issue between you and us concerning our Services, game, prices on our Site, our EULA, our Terms, or this Arbitration Agreement, under any legal theory including a contract, warranty, statute, or regulation, except disputes to the enforcement or validity of your or your licensor's intellectual property rights.
1. You must mail a notice of dispute. If you have a dispute and a customer support representative cannot resolve the issue, mail a Notice of Dispute to us at PO Box 201, Holly Springs, North Carolina 27540. Include your name, address, contact information so that we can contact you, what the problem is, and how you believe we can resolve the issue. In the same instance, if we have a dispute with you, we will do the same. After a 60 day period, you or we may start an arbitration if the issue has not been resolved.
2. If you choose to do so, you can sue us in small claims court in the county/parish where you live, or in Wake County, North Carolina, if you meet the requirements of the court. However, we hope that you will mail us a Notice of Dispute and give us 60 days to try and resolve the issue with you, but you aren't required to do so before going to small claims court.
Procedures of Arbitration. If the dispute is not resolved within 60 days after a Notice of Dispute, or resolved in small claims court, you or we may start an arbitration. The American Arbitration Association ("AAA") will conduct any arbitration under its Consumer Arbitration Rules ("AAA Rules"). You can gather more information from ADR.org or by contacting +1 (800) 778-7879. Arbitration may be held or conducted in person, over the phone, online, or through means of submissions by documents. In any dispute involving $10,000 or less, a hearing will take place over the phone, unless the arbitrator finds good cause to hold an in-person hearing instead. You may be awarded damages individually as a court could, and may award declaratory or injunctive relief only to you individually to satisfy your individual claim. Simply put, that means an arbitrator may determine your and our rights and order us to do something for you, but may not do either for a class or group of persons.
Disputes involving any amount. If you start arbitration in accordance to these Terms, we will reimburse you for payment of the filing fee, unless your claim is greater than $10,000, in which case, the AAA rules will govern payment of filing fees and the AAA's and arbitrator's fees and expenses. We will not seek our AAA or arbitrator's fees and expenses, or your filing fees that we reimbursed, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose. Additionally, if we start an arbitration, we will pay all filing, AAA, and arbitrator's fees and expenses. We won't seek our attorney's fees or expenses from you in any arbitration. Additionally, fees and expenses are not tallied in determining how much a dispute involves.
Disputes involving $10,000 or less. If your dispute involves $10,000 or less, we will reimburse your filing fees and pay the arbitrator's fees and expenses. If you reject our last written settlement offer made before the arbitrator was pointed, your dispute goes all the way to an arbitrator's decision (called an award), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney's fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonable accrues for investigating, preparing, and pursuing your arbitration. The arbitrator will determine the amount of the fees, costs and expenses unless you and we agree on them.
Disputes involving more than $10,000. The AAA rules will determine payment of all filing fees and the AAA's and arbitrator's fees and expenses.
Arbitration Timeframe. You and us must file in small claims court or arbitration any claim or dispute within one (1) year from when it could have been filed. Otherwise, it is permanently barred. If you have a dispute with us, we would like you to bring it to our attention as soon as it arises. We will do the same for you.
Arbitration Severability. If the class action waiver within this Arbitration Agreement is found to be illegal or unenforceable as to all or parts of a dispute, this Arbitration Agreement will not apply to those parts. However, those parts will proceed in court with the remaining parts proceeding in arbitration. If any other provision of this Arbitration Agreement is found to be illegal or unenforceable, that provision will be severed but the rest of this Arbitration Agreement will still apply.
Choice of Forum. If you or we ever have a dispute in court, which we hope that never happens, the exclusive forum will be a state or federal court in Wake County, North Carolina. The laws relative to your state govern these Terms and all disputes that arise, including disputes relating to them, our game or Site, regardless of conflict of laws principles, except that the Federal Arbitration Act governs everything related to arbitration.
If any complaint with us is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suit N 112, Sacramento, California 95834 or by telephone at +1 (800) 952-5210 or +1 (916) 445-1254.
These Terms constitute the entire agreement between you and us, and shall govern the use of our Services, superseding any prior version of these Terms between you and us with respect to our Services. You may also be subject to additional Terms that may apply when you use, purchase or access certain Services, affiliate services, third-party content or third-party software on our Site.
Last Revised: 03/18/2019