Brave Island- Terms and Conditions
The Terms and Conditions (“Terms”) forms a legal agreement between Brave Island LLC. (“Brave Island”) and yourself (“you” or “User”) and your use of any Brave Island's software, products, services, sites, games and/or applications, on all electronic devices (web, mobile, tablet and any other device) sites (“Service” or “Games”). We may refer to Brave Island also as “we” or “us”.
BY ACCESSING THE GAMES AND/OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL, CONNECT TO, ACCESS OR USE ANY OF THE GAMES.
YOUR USE OF THE GAMES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE GAMES IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS.
TO THE MAXIMUM EXTENT LEGALLY PERMISSIBLE, THE GAMES ARE PROVIDED “AS IS” WITH ALL FAULTS AND DEFAULTS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LOSS INCURRED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH USE OF OUR GAMES.
IN THE EVENT THAT WE SUSPECT THAT YOU VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS OR ANY APPLICABLE LAW, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE APPLICATION PLATFORM, STORE OR SOCIAL NETWORK) MAY HAVE IN CONNECTION WITH THE FOREGOING AND FROM ANY ACTION THAT WE CAN TAKE AGAINST YOU, WE MAY, IN OUR SOLE DISCRETION, (A) IMMEDIATELY TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE GAMES, DELAY OR REMOVE ANY CONTENT, WITHOUT NOTICE, WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES, DAMAGES OR RESULTS THAT YOU OR ANY OTHER PARTY MAY INCUR IN CONNECTION WITH THE FOREGOING.
We reserve the right to request proof of age at any stage. We may block Users whom we suspect are under the applicable age.
In order to access or use some of the features on the Games, you may be required to register to the Services by opening an account (“Account”) or sign in via a third-party tool (such as Facebook) (“Third Party Tool”). If you open an Account, you may be required to provide details and/or select a password or to otherwise allow us to access your account information from a social network service or otherwise (“Login Information”). You must safeguard and not disclose your Account Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including, without limitation any loss, theft, or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us and modify your Login Information. Note that should you choose to create your Account using any Third Party Tool, certain User data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party) including your user name, photo, may be published on your user profile and may be made available to other Users (including any Users with which you may play via the Games) and such details and/or any details that you will provide while registering through the Services and/or opening an Account shall be referred herein as “User Content”.
Without our prior written consent, you may not sublicense, sell or otherwise transfer your Account and/or sell any Virtual Items (as defined below) associated with your Account to a third party. You must provide accurate and complete information when creating an Account and you agree not to misrepresent your identity or your Account information or open an Account using a false identity or incorrect information, or on behalf of someone other than yourself. You are responsible for anything that happens through your Account, whether or not such actions were taken by you. You therefore acknowledge that your Account may be terminated, suspended, deleted or removed if someone else uses it to engage in any activity that violates these Terms or is otherwise improper or illegal. You shall not open an Account or use the Games if you have previously been removed by Brave Island or previously been banned from playing any of Brave Island’s Games.
You undertake to monitor your Account and to restrict use by anyone who is not an Eligible User. You accept full responsibility for any unauthorized use of the Games by an individual who is not eligible for using the Games and you acknowledge that you are solely responsible for any use of your credit card or other payment instrument (for example, through the applicable store) by such individuals and/or any third party.
We reserve the right to remove or reclaim any username at any time and for any reason, including, without limitation, in case of claims by a third party that a username violates any third party’s rights or otherwise violate these terms.
If for any reason you wish to modify your personal information you may do so by contacting us at firstname.lastname@example.org. If you wish to terminate or close your Account, your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account. You must remove all content of the Games immediately once you request to terminate your Account.
YOU AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT, AND YOU ACKNOWLEDGE THAT ALL RIGHTS IN AND TO AN ACCOUNT ARE AND SHALL BE OWNED BY BRAVE ISLAND. YOUR ACCOUNT WILL BE CONSIDERED ACTIVE UNTIL WE RECEIVE YOUR REQUEST TO DEACTIVATE OR DELETE IT OR IN THE EVENT THAT WE DECIDE TO TEMPORARILY OR PERMANENTLY LIMIT, SUSPEND OR TERMINATE YOUR ACCOUNT (AS FURTHER DETAILED HEREIN). NEVERTHELESS, WE RESERVE THE RIGHT TO TERMINATE AN ACCOUNT THAT HAS BEEN INACTIVE FOR AT LEAST 365 CONSECUTIVE DAYS. YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, DELETED OR SUSPENDED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Virtual Currencies and Goods
In the course of using the Games you may win, earn or alternatively purchase, with real world money, certain game credits or prizes including without limitation virtual currency, virtual play money coins, cash, tokens, points and/or virtual in-game items (“Virtual Items”). Virtual Items can never be redeemed for real money, goods or any other item of monetary value from Brave Island or any other party. They may only be redeemed for the benefit within the applicable Games provided by us. Such Virtual Items may not be withdrawn, or sold and any attempted sale shall be null and void. You do not in fact “own” such Virtual Items.
You are not obligated, at any time, to purchase any Virtual Items. In case that you elect, in your sole discretion, to purchase Virtual Items, your purchase is final and is not refundable, transferable or exchangeable, except in Brave Island’s sole discretion. You may not purchase, sell, or exchange Virtual Items outside the Games. Doing so is a violation of the Terms and may result in termination of your Account and/or legal action taken against you. Brave Island retains the right to manage, control, modify and/or eliminate Virtual Items at its sole discretion. Prices and availability of any Virtual Item are subject to change by us, at any time, without any prior notice and we reserve the right to control, regulate, change or remove any Virtual Item, without any liability to you, at any time. We may limit the total amount of Virtual Items that may be purchased at any one time, and/or limit the total amount of Virtual Items that may be held in your Account in the aggregate. You are only allowed to obtain Virtual Items from us or our authorized partners through the Games, and not in any other way.
Virtual Items may only be held by legal residents of countries where access to and use of the Games are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize or through the applicable store (such as Google Play Store or Apple App Store). We reserve the right to refuse your request to purchase and/or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Service.
Depending on your platform, any Virtual Items is purchased from your platform provider and such purchase will be subject to its terms of service and user agreement of such platform. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your platform before making a purchase.
When purchasing Virtual Items as may be made available, you agree to pay us the applicable charges for your purchase, including applicable taxes, through the applicable store. If your transaction with our payment processing partners is not successful then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible - we will endeavor to fulfill your order immediately at the point of purchase.
If your Account is charged for Virtual Items which were not purchased by you or anyone on your behalf, or you did not receive the Virtual Items you purchased, or you were charged an incorrect amount, you may request a refund or correction (only in Virtual Items) in accordance with the payment provider’s policy. Any refund request must be sent directly to the applicable store in accordance with the applicable store’s policy. Other than charges to your Account, you agree to notify us about any billing problems or discrepancies within 30 days after they first appear on your Account statement. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted. You understand that we may suspend or terminate your Account if for any reason a charge that you authorized us to make cannot be processed or is returned or unpaid and if such event occurs, you shall immediately remit to us payment for such charge through any payment method.
If you do not connect the Games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to you) or other data associated with your Game play to a different device (including, without limitation, if you lose that device or it is damaged). We will not be liable for any loss or deletion of Virtual Items, whether purchased by you or granted by us without making a purchase, or of any data associated with your play of the Games, from a device not connected to an account.
Restrictions on Use of the Games
There are certain conducts which are strictly prohibited when using the Games. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at our sole discretion) in the termination of your access to the Games and/or may expose a User to civil and/or criminal liability.
You shall not and shall not permit or cause any other party, to:
Create an Account with or access the Games if you are not an Eligible User (as applicable);
Use the Games in an illegal manner or encourage or promote any illegal activity;
Fail to pay any amounts (to the extent applicable);
Interfere with or violate Users’ rights to privacy and other rights, or harvest, post, solicit or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Games and retrieve, index and/or data-mine information;
Interfere with or disrupt the operation of the Games or the servers or networks that host the Games, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
Advertise, solicit or transmit any commercial advertisements or SPAM;
Violate intellectual property or other rights of any party, including Brave Island;
Create false personas, multiple identities, multiple user accounts, set up an account on behalf of someone other than yourself, use bots or other automated software programs to defraud or which otherwise violate these Terms and/or the terms of service of any third-party applications or social networks through which the Games are accessed;
Upload or transmit (or attempt to upload or to transmit), without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware”, “passive collection mechanisms” or “pcms”);
Exploit, distribute, develop or publicly inform other members of any game error, miscue or bug which gives an unintended advantage or of “auto” software programs, “macro” software programs or other “cheat utility” software programs or applications;
Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
Attempt to use the Service on or through any service that is not authorized by Brave Island. Any such use is at your own risk and may subject you to additional or different terms. Brave Island takes no responsibility for your use of the Service through any service that is not authorized by it;
Deal with Virtual Items in a manner that violates these Terms, including selling Virtual Items to other individuals, parties, or entities, selling or re-selling Virtual Items or virtual goods or fraudulently obtaining or acquiring Virtual Items;
Rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without our written permission;
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Games; or interfere with the ability of others to enjoy using the Games, including disrupt, overburden or aid the disruption or overburdening of the Games servers, or take actions that interfere with or materially increase the cost to provide the Service for the enjoyment of all its users;
Engage in any act that Brave Island deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms, our game mechanics or policies;
Without our express written consent, modify or cause to be modified any files, codes, or any other component which is part of the Service;
Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other persons use or enjoyment of the Service;
Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Brave Island, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
Use any unauthorized third party software that accesses, intercepts, “mines”, or otherwise collects information from or through the Service or that is in transit from or to the Service, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the Service to store information about Brave Island game characters, elements, or environment. Brave Island may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server, or the Service, whether through the use of a network analyzer, packet sniffer or other device;
Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (ii) any connection using programs, tools, or software not expressly approved by Brave Island;
Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by Brave Island;
Copy, distribute, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of any content made accessible through the Games, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use any content on the Games, other than for playing the Games as permitted under these Terms and applicable game rules.
Sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Brave Island’s proprietary rights;
Sell, license, or exploit for any commercial purposes any use of or access to the Games;
Frame or mirror any part of the Games without our prior express written authorization;
Create a database by systematically downloading and storing all or any of the content from the Games or otherwise by way of using any Service Materials;
Improperly use support channels to make false reports to Brave Island or using profane and/or abusive language in your communications with our support personnel;
Perform in-game services in exchange for payment outside the Games (e.g. power-leveling and item collection services); and/or
Infringe and/or violate any of these Terms or the terms of any third-party applications or social networks through which the Service is accessed.
Brave Island retains any and all rights in the Games (including, but not limited to, applications, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content, materials, texts, information, pictures, logos, video, recording, games, titles, sound, music, audio-visual effects, methods of operations, moral rights, documentations, character profile information and other files, and their selection and arrangement) (collectively, “Service Materials”) and all intellectual property rights or other proprietary rights in connection therein and the foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by Brave Island. The content of the Games and all Service Material are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
In order to enhance our Games’ environment and our Users’ experience, our Games may contain non-human game characters and/or agents that are controlled by a computer. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Service pursuant to these Terms or otherwise exploit any of the Service Materials without Brave Island's explicit, prior written permission. All other uses of copyrighted or trade mark material, including any derivative use, require explicit, prior written permission from Brave Island. Any reproduction or redistribution of materials not in accordance with these Terms is explicitly prohibited and may result in the termination of your Service account as well as severe civil and criminal penalties.
Brave Island and/or its licensors and affiliates own all right, title, and interest, including copyrights and other intellectual property rights, in and to all the Service Materials. You hereby acknowledge that you do not acquire any ownership rights by using the Service or by accessing any of the Service Materials, or rights to any derivative works thereof.
It is understood that you may, at your sole discretion, provide Brave Island with suggestions, comments or feedback with respect to the Games (collectively, “Feedback”). You represent that you are free to do so and that you shall not knowingly provide Brave Island with Feedback that infringes upon third parties’ intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback shall belong exclusively to us. It is further understood that use of Feedback, if any, may be made by Brave Island at its sole discretion, and that Brave Island in no way shall be obliged to make use of any kind of the Feedback or part thereof. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Brave Island to comply with any additional obligations with respect to any Brave Island current or future products, technologies or services that incorporate any Feedback.
Subject to your agreement and compliance with these Terms, Brave Island grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Games and any of the Service Materials solely as part of the Games, by using a supported web browser or mobile device, only for your own, private, non-commercial entertainment purposes and for no other purpose whatsoever and only pursuant to these Terms, any other rules or terms published by Brave Island from time to time on its website or mobile application and applicable laws. If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Games will be immediately revoked, and you will immediately stop using the Games. If the Games or any part thereof is determined to be illegal under the laws of the country in which you reside, you shall not be granted any license to use the Games, and must refrain from using the Games.
These Terms do not convey to you an interest in or to Brave Island’s intellectual property but only a limited revocable right to use the Games in accordance with the Terms and by using the Games, you do not acquire any ownership rights or other rights in connection with the Service Materials (other than the right to use it pursuant to the scope of the license specified above) or rights to any derivative works thereof. Nothing in the Terms constitutes a waiver of the Company’s intellectual property rights under any law.
Third Party Sites and Advertising
In the event that you are using the Games through a third-party website, service provider, distributor or platform (“Platform Provider”), your use of the Games is also governed by usage rules which the Platform Provider may have established and which relate to your use of the Games (“Usage Rules”). Certain Usage Rules are described in these Terms, but other Usage Rules may apply and it is your responsibility to determine what other Usages Rules are applicable to your use of the Games. You undertake to comply with all the applicable Platform Provider’s Usage Rules and the Usage Rules applicable to your use of the Games are incorporated herein by reference. In the event of a conflict between these Terms and the terms of any applicable Usage Rules, which relates solely to the Platform Provider’s representations, warranties, restrictions on use of the Games, obligations, limitation of liability and/or other provisions that impose any responsibility on the Platform Provider, the terms of the applicable Platform Provider’s Usage Rules shall prevail. You represent that you are not prohibited by any applicable laws or Usage Rules from downloading and/or using the Games. Any download and/or use of the Games by anyone prohibited by any applicable laws or Usage Rules from downloading and/or using the Games is expressly prohibited.
Brave Island reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Game (or any part thereof), without providing any prior notice.
Brave Island may refuse access to the Service or may terminate your Account without notice for any reason, including, but not limited to, a suspected violation of these Terms, illegal or improper use of your Account, or illegal or improper use of the Services, products, or Brave Island’s intellectual property as determined by Brave Island in its sole discretion. You may lose your user name, persona, if applicable, and all Virtual Items as a result of account termination, without responsibility on the part of Brave Island for any damage that may result from the foregoing. If you have more than one Account, Brave Island may terminate all of your Accounts.
In addition to the foregoing, we may selectively remove or revoke any Benefits associated with your Account. “Benefits” mean licensed rights granted, awarded, gifted, provided to and/or purchased by you to access and/or use online or off-line elements or features of the Games and/or services, and include but are not limited to paid and free downloadable content, virtual currency and other Virtual Items, digital and/or virtual assets, unlockable content, rights of use tied to unlock keys or codes, serial codes and/or online authentication of any kind, and in-game achievements. If your Account, or a particular subscription for the Games associated with your Account, is terminated, suspended and/or if any Benefits are selectively removed, revoked or garnisheed from your Account, no refund will be granted, no Benefits will be credited to you or converted to cash or other forms of reimbursement, and you will have no further access to your Account or Benefits associated with your Account or the particular Service.
You acknowledge that Brave Island is not required to provide you notice before suspending or terminating your Account or selectively removing or revoking Benefits associated with your Account. In the event that Brave Island terminates your Account, you may not use or access the Games again without Brave Island’s express permission. Brave Island reserves the right to refuse to keep Accounts for, and provide access to the Service or other services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: email@example.com.
Disclaimer of Warranty
You agree that your use of the Service shall be at your sole risk. To the fullest extent permitted by law, Brave Island, its officers, directors, employees, and agents disclaim all warranties, explicit or implied, in connection with the Service and the use thereof, including, without limitation, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose or non-infringement, usefulness, authority, accuracy, completeness, and timeliness.
Brave Island makes no warranties or representations about the accuracy or completeness of the content of the Service of the content of any sites linked to the Service and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service; (iii) any unauthorized access to or use of Brave Island’s secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Service; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service; (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Service; or (viii) the Service will meet your requirements or transmissions or data will be secure.
In case of a malfunction or disruption of the Service that prevents you from completing a game in which you have begun to participate, we may allow users to participate again in a game until the participation is complete. We reserve the right to determine, in our sole discretion, whether we are responsible for any such malfunction or disruption. We also reserve the right to limit your game play or terminate your participation in the Service should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption. We are not liable for any potential winnings or other lost opportunity from any unfinished game. The games offered through the Service do not replicate the odds of winning or the payouts of similar games found in casinos.
Limitation of Liability; Indemnification
TO THE MAXIMUM PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE AND/OR OUR AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERUPTION, REVENUE, INCOME, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM OR RELATE IN ANY MANNER WHATSOEVER, TO YOUR USE OF THE GAMES, OR RELIANCE ON ANY OF SERVICES, OR TO ANY ERRORS, INACCURACIES, OMISSIONS, DEFECTS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS ARE MATERIAL BARGAINED FOR BASIS OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL BRAVE ISLAND, ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, PARTNERS AND EMPLOYEES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID BRAVE ISLAND IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID BRAVE ISLAND ANY AMOUNTS IN THE THIRTY (30)DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH BRAVE ISLAND IS TO STOP USING THE GAMES AND TO CANCEL YOUR ACCOUNT.
You agree to indemnify and hold Brave Island, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with
(i) Your use or misuse of and access to the Service;
(ii) Your violation of any term of these Terms;
(iii) Your breach of the representations, warranties, and covenants made herein;
(iv) Your violation of any third party right, including without limitation any copyright, property, or privacy right;
(v) Any claim that a user submissions made by you has caused damage to a third party; or
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Service.
These Terms shall remain in effect until terminated as set forth herein. Your failure to comply herewith shall terminate your license, your Account and these Terms. If you object to any term hereof, as may be amended from time to time, or become dissatisfied with the Games, you may terminate these Terms and your Account at any time by following the instructions available at our Site, or, as applicable, uninstalling our Games and stopping your use of our Games and this will be you sole remedy in such circumstances. In such circumstance and upon termination of these Terms in the event of your failure to comply herewith: (i) the license and all other rights granted to you hereunder will automatically terminate; and (ii) you must immediately cease all use of the Games, delete and destroy all copies of the Games, as applicable, in your possession or control and so certify to Brave Island if required by it.
Brave Island may at any time, at its sole discretion, cease the operation of the Games or any part thereof, temporarily or permanently, delete any information provided through the use of the Games or correct, modify, amend, enhance, improve and make any other changes thereto or discontinue displaying or providing any information, content or features therein without giving prior notice. At such point your license to use the Games or part thereof may be terminated or suspended. You agree that Brave Island does not assume any responsibility with respect to, or in connection with the termination of the Games operation and loss of any data and shall not be required to provide refunds, benefits or other compensation to Users in connection with such termination of the Games operation.
You agree that the provisions of the following Paragraphs shall survive termination of these Terms or termination of your Account, for any reason whatsoever: Intellectual Property, Disclaimer of Warranty, Limitation of Liability; Indemnification and General.
These Terms will be governed by, construed and enforced in accordance with the laws of England and Wales, without regard to its conflicts of law principles or provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is specifically excluded of these Terms. Any disputes arising out of or in connection with these Terms shall be finally exclusively settled under the Rules of Arbitration of the International Chamber of Commerce (the “ICC Rules”) by one arbitrator appointed in accordance with the ICC Rules (the “Arbitrator”). The arbitration shall take place in London and shall be conducted in the English Language. The arbitration shall be conducted on a confidential basis. The award passed by the Arbitrator shall be final and binding. Nothing contained herein shall prevent Brave Island from applying to any court of law in order to obtain injunctions, equitable relief or any equivalent remedy, against you, in order to restrain the breach of any restrictive covenants pursuant to these Terms. The arbitration award shall be enforceable in any court of competent jurisdiction. Any motion to enforce or vacate an arbitration award under this agreement shall be kept confidential to the maximum extent possible. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING AND THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND US ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
YOU AND BRAVE ISLAND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision hereof is adjudged by any court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
These Terms are the entire agreement between you and Brave Island regarding the subject matter herein. You agree that Brave Island may assign and/or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Brave Island. Any unauthorized assignment will be void and of no force or effect.
Any failure of Brave Island to enforce any rights granted hereunder or to take action against you and/or anyone related to you in the event of any breach of these Terms shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Information, Support or Questions
Brave Island will make reasonable efforts to provide you with technical and product support for the Games. For information, support or questions, please contact us at: firstname.lastname@example.org.
Last Updated: August 27,2019