Last Updated: August 18, 2024
These Terms of Service ("Terms") and our Privacy Policy (available at https://welcomtogamerisland.com/were.html) govern any relationship between you and GAMERS ISLAND LLC ("GAMERS ISLAND LLC", "we", "us", "our") arising from your use of our Services. "Services" refers to our website https://welcomtogamerisland.com ("Website"), mobile applications (each an "App" or "Game", collectively "Games"), and any related services and content.
Agreement to Terms
By using our Services, you agree to be bound by these Terms and the Privacy Policy. If you do not agree to these Terms and the Privacy Policy, please do not use our Services.
Changes to Terms
We may modify these Terms at our sole discretion at any time. If we do, we will notify you by posting the modified Terms on the Website or through other means within the Services. It is important that you review the Terms whenever they are modified, as your continued use of the Services after we post modified Terms on the Website or via the Services signifies your acceptance of the modified Terms. If you do not agree to be bound by the modified Terms, you may not continue to use the Website or Services. As our Services evolve, we may change or discontinue all or any part of the Services, at any time and without notice.
Limited License; Who May Use the Services
Limited License Grant. Subject to your agreement and continued compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the Services for your personal, non-commercial entertainment purposes. You agree not to use the Services for any other purpose.
Eligibility. Only individuals aged 13 or older who are not prohibited by applicable law may use the Services.
If you are under 18, or the age of majority in your jurisdiction, you represent that your legal guardian has reviewed and agreed to these Terms.
You may not use our Services if you are barred from receiving products (including services or software) from the United States, for example, if you are located in a country embargoed by the U.S., or are on the U.S. Treasury Department's list of Specially Designated Nationals.
Registration and Your Information
You must provide us with accurate, complete, and up-to-date account information and agree to update such information as necessary to keep it accurate, complete, and current. Failure to do so may result in the suspension or termination of your account. You agree not to disclose your account password to anyone and will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether or not you know about them.
Intellectual Property
Apart from the limited license granted above, we and our licensors reserve all rights, title, and interest in and to the Services, including the technology and software used to provide the Services. The Services are protected by copyright, trademark, and other laws. You may violate laws, including our intellectual property rights, if you breach these Terms. We and our licensors may actively protect our intellectual property (including seeking injunctive relief) if you breach these Terms. Furthermore, you agree not to modify the Services, create derivative works, decompile the Services, or otherwise attempt to extract source code from them.
If you provide us with any suggestions or feedback regarding improvements to the Services, you agree that we have a perpetual, transferable, sublicensable, royalty-free, irrevocable, worldwide license to use such suggestions and feedback, including incorporating your suggestions or feedback into the Services, without any compensation to you. To the extent permitted by applicable law, you waive any moral rights you may have in such suggestions and feedback.
Privacy Policy
Please visit https://welcomtogamerisland.com/were.html to review our Privacy Policy, which explains how we collect, use, and disclose information from you, your computer, and your mobile device. Your use of the Services signifies your consent to our collection, use, and sharing of this information as described in the Privacy Policy. If you do not agree to the Privacy Policy, please stop using our Services.
User Content
We may permit you or other users to use the Services to submit, upload, post, transmit, or otherwise provide materials, data, information, communications, images, and sounds ("User Content") to us. Your User Content remains owned by you. However, by providing User Content, you grant GAMERS ISLAND LLC an irrevocable, perpetual, transferable, sublicensable, fully-paid, royalty-free, worldwide right and license to reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice your User Content and all its modifications and derivative works in connection with the Services, including the marketing and promotion thereof, without prior notice or consent from you or any compensation to you or any other person or entity. You further grant GAMERS ISLAND LLC the unconditional, irrevocable right to use and exploit your name, likeness, and any other information or material in connection with any User Content you submit or transmit to GAMERS ISLAND LLC, without any obligation to you. Except where prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, whether or not the User Content is altered or changed in any manner.
Code of Conduct and Our Enforcement Rights
Code of Conduct.
When you access or use any Service, you agree not to:
- Violate any law, rule, or regulation.
- Interfere with or disrupt other players' use of the Services, including using vulgar or harassing language, insults, excessive shouting (ALL CAPS), spamming, flooding, or repeatedly pressing the enter key.
- Harass, threaten, bully, embarrass, spam, or perform any other unwelcome behavior towards other players, such as repeatedly sending unwanted messages or making personal attacks or comments about race, sexual orientation, religion, heritage, etc. Hate speech is never tolerated.
- Post User Content, or organize or participate in any activity, group, or guild that is inappropriate, abusive, harassing, profane, threatening, hateful, offensive, vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy, or otherwise reasonably objectionable.
- Post, upload, or distribute User Content or content that is unlawful or that you do not have permission to freely distribute.
- Post, upload, or distribute any content, such as themes, names, screen names, avatars, personas, or other material or information, that GAMERS ISLAND LLC (in its reasonable, objective discretion) determines is inappropriate, abusive, hateful, harassing, profane, defamatory, threatening, hateful, obscene, sexually explicit, infringing, privacy-invasive, vulgar, offensive, indecent, or unlawful.
- Post information for a purpose other than personal communication. Prohibited information includes advertisements, spam, chain letters, pyramid schemes, and other types of solicitation or commercial activities.
- Impersonate another person or falsely claim to be an employee or representative of GAMERS ISLAND LLC.
- Improperly use in-game support or complaint buttons or make false reports to GAMERS ISLAND LLC staff.
- Attempt to obtain or phish for passwords, account information, or other private information from anyone else in the Services.
- Use any payment method to access or purchase Services for fraudulent purposes without the authorization of the rightful owner, or otherwise in connection with any criminal activity or other unlawful activity.
- Use any bot, crawler, spider, or other automated device or program to access the Website or to copy any content on the Website.
- Use or distribute unauthorized software programs or tools, such as "auto" software programs, "macro" software programs, "cheat utility" software programs or applications, exploits, cheat programs, or any other game hacking, modifying, or cheating software or tool.
- Modify any file or any other part of the Services not expressly authorized by GAMERS ISLAND LLC.
- Exploit vulnerabilities, cheats, undocumented features, design errors, or problems in the Services.
- Use or distribute pirated software or content, including virtual goods.
- Attempt to use the Services on or through any service not controlled or authorized by GAMERS ISLAND LLC.
- Sell, buy, trade, or otherwise transfer or offer to transfer your GAMERS ISLAND LLC account, any personal access to the Services (including GAMERS ISLAND LLC virtual items and other entitlements), either within the Services or on a third-party website, or in connection with any out-of-game transaction, unless expressly authorized by GAMERS ISLAND LLC.
- Use the Services in a country where GAMERS ISLAND LLC is prohibited from offering such services under applicable export control laws.
- If a Service requires you to create a "username" or "persona" to represent you in the Game and online, you should not use your real name and should not use a username or persona that is used by anyone else or that GAMERS ISLAND LLC determines is vulgar or offensive or infringes the rights of others.
- Engage in any other activity that significantly disrupts the peaceful, fair, and respectful gaming environment of the Services.
- Use any user information publicly available in any Service (such as on a leaderboard) for any purpose unrelated to the Service, including attempting to identify such users in the real world.
- Interfere with or disrupt any Service or any server or network used to support or provide the Service, including performing any hacking or cracking into the Service.
- Use any software or program that damages, interferes with, or disrupts the Services or another's computer or property, such as denial of service attacks, spamming, hacking, or uploading computer viruses, worms, Trojan horses, cancelbots, spyware, corrupted files, and time bombs.
- Promote, encourage, or participate in any of the prohibited activities described above.
8.2 Failure to comply with this Code of Conduct may result in the suspension of your account and access to the Services and/or subject you to any of the penalties outlined in Section 12.
DMCA/Copyright Policy
We respect the intellectual property of others and ask you to do the same. We respond to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act ("DMCA") and other applicable similar or equivalent local laws. For more information, please visit the GAMERS ISLAND LLC copyright page on our Website for our notice guidelines. We reserve the right to terminate a player's access to the Services if they are found to be a "repeat infringer." We are not required to provide the player with prior notice.
Termination
We may terminate your use of and access to the Services at our sole discretion at any time, without notice. Upon any termination, suspension, or cancellation of the Services or your account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, disclaimers, limitations of liability, and dispute resolution provisions.
Indemnification
You agree to indemnify and hold us harmless from any loss, damage, or expense (including reasonable attorneys' fees and costs) we suffer as a result of your breach of law or these Terms, including any claims or liabilities arising therefrom. We may assume the exclusive defense and control of any matter for which you are required to indemnify us under these Terms, at your expense. You agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any claim for which you are required to indemnify us.
Disclaimer
THE SERVICES AND CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES AND CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, OR AVAILABILITY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT PROVIDED THROUGH THE SERVICES.
Limitation of Liability
YOU ACKNOWLEDGE THAT NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GAMERS ISLAND LLC'S TOTAL LIABILITY SHALL BE LIMITED TO THE TOTAL AMOUNTS YOU PAID TO US IN THE SIX (6) MONTHS PRIOR TO THE DATE YOU FIRST ASSERT ANY SUCH CLAIM. IF YOU HAVE NOT PAID GAMERS ISLAND LLC ANY AMOUNTS IN SUCH SIX (6) MONTH PERIOD, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH GAMERS ISLAND LLC IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT, IF ANY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF ANY WARRANTY OR LIMITATION OF LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF GAMERS ISLAND LLC'S LIABILITY WILL BE THE MINIMUM PERMISSIBLE UNDER SUCH APPLICABLE LAW.
Time Limitation on Claims
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Governing Law and Venue
These Terms and any action related thereto will be governed by the laws of the State of Texas, without regard to its choice of law or conflict of law principles.
Furthermore, you and we agree that the courts located in Dallas County, Texas, shall have jurisdiction over any disputes, claims, or controversies (and any non-contractual disputes/claims associated therewith) arising out of or relating to the Services, and which are not subject to mandatory arbitration below.
Dispute Resolution
If you have an issue with the Services, many issues can be resolved on our forums. You can find solutions by clicking "Support" or "Contact Us" in the Service settings. Please contact our support team to resolve your issue before initiating any arbitration or lawsuit. Most disputes can be resolved this way.
Arbitration Agreement and Class Action Waiver.
- Binding Arbitration. This arbitration agreement applies only to users in the United States and Canada. If we are unable to resolve a dispute informally through customer support, you and GAMERS ISLAND LLC agree to resolve any claim or dispute through final and binding arbitration to the fullest extent permitted by law. This arbitration agreement applies to all claims under any legal theory, except for the exceptions listed below. You and we agree that the arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of these Terms or the formation of this agreement, including any dispute over whether a dispute between us is subject to this arbitration agreement and whether these Terms or any portion thereof are void or voidable.
- Changes. Notwithstanding anything to the contrary in these Terms, if we make any future change to this Section 17, you may reject any such change within 30 days of the change by sending written notice to [email protected].
General Terms
These Terms constitute the entire and exclusive understanding and agreement between us and you regarding the Services and supersede any and all prior oral or written understandings or agreements between us and you regarding the Services. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
Any notice or other communication provided by us under these Terms, including regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting within the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of ours. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
