Whack It Licensing

Licensor: Whack It
Contact:

1. Definitions

"Content" means Whack It games, animations, artwork, audio, music, characters, storylines, titles, logos, and all associated assets, regardless of format or medium.

"Animation(s)" means any cinematic or animated sequences within a Whack It title (including so-called "gameplay" that functions primarily as a film/animation experience).

"Creator" means individuals or entities producing video or live-stream content for platforms such as YouTube, Twitch, TikTok, X, Facebook, Instagram, and similar services.

"Portal" or "Webmaster" means third-party websites, game portals, app stores, aggregators, or services that host, embed, mirror, or distribute games or media.

"You" means a Creator or Portal, as applicable.

2. Scope; Relationship to Law

2.1 This Agreement grants limited licenses as set out below. It does not transfer ownership or any other rights not expressly granted.

2.2 Nothing in this Agreement waives Company's rights under copyright, trademark, or other laws, nor limits Company's ability to pursue remedies (including injunctive relief and damages).

2.3 Fair use: This Agreement is not a fair-use determination. Creators remain solely responsible for any fair-use claims; Company does not concede that uploads of full animations qualify as fair use.

3. License for Social & YouTube Creators

3.1 Grant

Subject to full compliance with this Agreement, Company grants Creators a non-exclusive, revocable, worldwide, royalty-free license to record, edit, and publicly display Creator content incorporating the Content solely for platform distribution, provided that:

• Commentary required: The video or live-stream must include regular voice-over and/or face-camera commentary interjecting or overlaying the footage (e.g., reactions, critique, transformation, education, humor). Silent reposts or near-silent uploads are prohibited.
• No "raw" uploads: Uploads may not simply reproduce the Animation(s) for free public viewing. The primary value of Whack It lies in the animations, not mere gameplay mechanics.
• No circumvention: You may not split, serialize, playlist, multi-part, multi-channel, or otherwise structure uploads to exceed the 50% cap in aggregate.
• Attribution: Include reasonable credit such as "Whack It – used under license" and a link to the official site www.whackit.co website and then also to the official parter page the game is hosted on if you played it from a different website other than whackit.co.
• Monetization: Standard platform ad monetization is permitted for compliant videos. Not permitted without written consent: pay-per-view sales, sublicensing, sale of standalone clips, NFTs or tokens incorporating Content, or merchandise using Company IP.
• No edits to storyline: Do not edit, rearrange, or falsely suggest different narrative outcomes in a manner likely to confuse viewers about official canon.
• Age-appropriate distribution: You are responsible for using platform age gates and content warnings consistent with the mature, violent, or horror nature of the Content.

3.2 Full Playthroughs

Creators who wish to share a complete playthrough or any upload exceeding the 50% cap must obtain prior written approval by emailing . Company welcomes selective partnerships with creators who add clear value and audience engagement.

3.3 Prohibited Uses

• Uploading full Animation(s) without written permission.
• Removing, obscuring, or altering copyright notices, watermarks, or trademarks.
• Using Content in unlawful, defamatory, hateful, or infringing ways, or to imply endorsement by Company without permission.

4. License for Game Portals & Webmasters

• No unlicensed hosting: Copying, scraping, embedding, mirroring, hosting, framing, or distributing Whack It games or media on any third-party site or service is strictly prohibited without an executed written license agreement from Company.
• License requests: Contact to discuss terms. Approved hosting will be governed by a separate contract (e.g., territories, rev-share, API/build delivery, updates, QA, brand guidelines).
• No sublicensing or resale: You may not sublicense, rent, or sell access to the Content.
• No ad overlays: No ad overlays or interstitials may obscure or alter the user experience without Company's prior written consent.

5. Intellectual Property; Trademarks

All rights, title, and interest in and to the Content, including copyrights, trademarks, trade dress, characters, and storylines, are and remain with Company and/or its licensors. Nothing herein grants any trademark license except for factual references to identify the Content. You may not register or use any confusingly similar marks, domains, or social handles.

6. Enforcement; DMCA

Company may issue DMCA takedowns and seek legal remedies (including injunctions and damages) against uploads that violate this Agreement—especially full animation playthroughs posted without permission.

Submitting a false counter-notice may have legal consequences. For non-U.S. jurisdictions, equivalent notice-and-takedown procedures may apply.

7. Privacy & Publicity Rights

You represent and warrant that you have all rights (e.g., your voice, face, likeness, and any third-party materials you add) necessary to create and distribute your video. You will not include personal data or third-party content without consent or a valid license.

8. Disclaimers; No Warranties

THE CONTENT IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9. Indemnification

You will defend, indemnify, and hold harmless Company, its affiliates, and their officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your content or conduct; (b) your breach of this Agreement; or (c) your violation of law or third-party rights.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. COMPANY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE CONTENT OR THIS AGREEMENT WILL NOT EXCEED US $100.

11. Term; Suspension; Termination

• This Agreement is effective as of the Effective Date and continues until terminated.
• Company may suspend or terminate your license immediately upon notice if you breach this Agreement or if Company withdraws public licensing for any title (in whole or in part).
• Upon termination, you must promptly remove infringing uploads and cease further use. Sections intended to survive (e.g., IP ownership, indemnity, limitations, governing law) will survive.

12. Governing Law; Venue

This Agreement is governed by the laws of USA, without regard to conflict-of-law rules.

13. Miscellaneous

• Notices: Email to is sufficient for notices to Company; notices to you may be sent to the email or platform account you used to publish or to contact Company.
• Entire Agreement: This is the entire agreement between you and Company regarding the subject matter and supersedes prior or contemporaneous communications.
• Amendments: Company may update these terms by posting a revised version with a new effective date. Continued use after the effective date constitutes acceptance.
• Assignment: You may not assign or transfer this Agreement without Company's prior written consent. Company may assign freely.
• Severability: If any provision is held invalid, the remainder remains in effect.
• No Waiver: Failure to enforce any term is not a waiver.
• Headings: Headings are for convenience only.
• Language: The English version controls.

14. Contact

For licensing, partnerships, full playthrough permissions, or portal hosting requests, email .