Terms of Service
island Brains Terms of Services Last Updated: November 29th, 2017
The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and Island Brains LLC, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “Island Brains LLC]”) and applies to your access to and use of [WEBSITE] website and any other mobile applications, websites, games and / or any services related to games that are made available by Island Brains LLC on the Apple App Store, Google Play App Store, Amazon App Store, at Facebook (collectively, the “Services”).
When you access to the Services you may be required to register an account (“Account”). By registering for an Account or by using the Services in any capacity, you represent that you are at least 18 years old (or older) and you understand and agree to these Terms of Services. If you are under the age of 18, and at least 13 years old, then you represent that your parents or your legal guardian has reviewed and agreed to these Terms of Services. No one under the age of 13 may use the Services under any circumstances. If you access the Services through a third-party platform like Apple, Google, Amazon and/or from Social Networking Site (“SNS”) such as Facebook, Google+ etc., you are obligated to comply with the third parties’ terms and conditions as well as these Terms of Services.
- Changes to Terms or Services
3.1 Grant of a Limited License to Use the Services
The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Island Brains LLC grants limitations provided herein, to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial, entertainment purposes. Except as may be expressly permitted by Island Brains LLC, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
3.2 Conditions of License
You acknowledge and agree that you shall not, under any circumstances:
- Name your Account or adopt a username in the Services with the intent to impersonate another individual or entity, or to impersonate an employee of Island Brains LLC,
- Sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself or other than a minor if you are their parent,
- Use the Services if you have previously been removed by Island Brains LLC, or previously been banned from playing any of the Services including the games,
- Use your Account or Island Brains LLC’s Services for commercial purposes,
- Engage in any act that Island Brains LLC deems to be in conflict with the spirit or intent of the Services,
- Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; or (iv) promotes illegal or harmful activities or substances,
- Use, display, mirror or frame the Services or any individual element within the Services, Island Brains LLC’s name, any Island Brains LLC’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Island Brains LLC’s express written consent,
- Access, tamper with, or use non-public areas of the Services, Island Brains LLC’s computer systems, or the technical delivery systems of Island Brains LLC’s providers,
- Attempt to probe, scan or test the vulnerability of any Island Brains LLC’s system or network or breach any security or authentication measures,
- Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services,
- Use emulators, cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Services, any games or any game experience or modify or cause to be modified any files that are a part of the Services or any games without Island Brains LLC’s express written consent,
- Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, Servers, or networks connected to the Services by any means other than the user interface provided by Island Brains LLC’s, 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 Services,
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Island Brains LLC or any of Island Brains LLC’s providers or any other third party (including another user) to protect the Services,
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Island Brains LLC or other generally available third-party web browsers,
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation,
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information,
- Engage in abusive, threatening, obscene, defamatory, libelous, racially, religiously, sexually, or otherwise any objectionable or offensive acts that include posting and/or communicating such information through the Services, or by any means,
- Engage in acts or attempts to abuse, harm, harass, advocate or incite harassment, abuse, and violence towards another person, group, Island Brains LLC’s employee(s), agents, consultants, officer and or directors or the Services.
Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights. Island Brains LLC reserves the right to determine whether ones conduct violates this Agreement including the intent or spirit of the Terms of Services or the Services at its sole discretion. Island Brains LLC also reserves the right to take any action it deems appropriate as a result, which may include preventing you access to the Services, terminating your account and/or limiting your access to the Services.
3.3 Login Information and Your Account
To access to the Services you may need to create a user account (“Account”) and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account including but not limited to the use of your credit card and other payment systems. Thus, Island Brains LLC strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.
3.4 License Term
The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by Island Brains.
3.5 Suspension and Termination of Services
Without limitation to any other remedies, Island Brains LLC may delete, suspend, terminate, limit, modify accounts or access to the services or any portions thereof, if Island Brains LLC suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services; with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits, and in game purchases. Island Brains LLC is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and are under no obligation to compensate you for any of this.
Island Brains LLC may also stop offering and/or supporting the Services including but not limited to any particular game or part of the Services at any time, at which point, your license to use the Services or a part thereof will be automatically terminated. In such event Island Brains LLC shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated the Services. Such actions may also result in termination of your account, disabling of your access to the Services, or any part thereof including any content that may have or were in the process of submitting.
- Ownership and User Content
4.1 Games and Services
All rights, title and interest in and to the Services (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games played using a Island Brains LLC game client, and the Island Brains LLC game clients and server software) are owned solely by Island Brains LLC. Island Brains LLC reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services.
Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from Island Brains LLC, or any other attributes associated with an Account or stored on the Services.
4.2 User Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and shall forever be owned by and inure to the benefit of Island Brains LLC.
4.3 User Content
“User Content” means any communications, images, sounds, and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including without limitation any forum postings and/or chat text. You hereby grant to Island Brains LLC and its licensors, including without limitation its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you. Island Brains LLC will not have any liability or responsibility for any user behavior, or for monitoring User Content or inappropriate conduct in the Services. User Content submitted on the Services is not screened or monitored by Island Brains LLC. The users of the Services bear all risk associated with its use including but not limited to exposure to offensive and indecent content.
Thought it is not obligated to, Island Brains LLC reserves the right in its sole discretion to monitor, prohibit, review, edit, delete, disable access to or make unavailable any User Content without notice for any reason or for no reason at any time to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
4.4 Public Forums
Island Brains LLC provides fun pages, forums, blogs and chat features in the Services, where users can post information. Users may post topics of interest, general information, comments, and sometimes even personal information in these mediums. You understand that Island Brains LLC is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write, or transmit any information in the Services you deem to be confidential. Island Brains LLC does not and will not bear any responsibility or liability of the use of any such information; no compensation will be provided for any ideas, schemes, uses of any information provided in these medium.
4.5 User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the games. Island Brains LLC reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Island Brains LLC to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Island Brains LLC access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and Island Brains LLC’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
- Fees and Purchase Terms
6.1 Virtual Items
You may purchase with “real world” money a limited non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency”, including but not limited to virtual cash, in-game coins, and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from Island Brains LLC or its authorized partners through the Services, and not in any other way.
You understand that Island Brains LLC has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to it at any time and for any reason, with or without notice. Island Brains LLC shall have no liability to you or any third party in the event that Island Brains LLC exercises any such rights. You have no claim, right, title, proprietary, or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
Except where explicitly authorized by Island Brains LLC, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Island Brains LLC does not recognize any such purported transfers of Virtual Items, nor the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if Island Brains LLC discontinues providing the Services.
You agree that you won’t assert or bring any claim against Island Brains LLC, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.
6.2 Fees, Refund and Return Policy
All sales through the Service are final and you acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. Island Brains LLC does not issue any refunds or offer any exchanges of any products purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Island Brains LLC may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the Game or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes shall be effective immediately upon posting of such new product prices to the Services.
- Updates to the Services
You acknowledge and agree that Island Brains LLC may update the Services and to the games you have installed on your computer or mobile device with or without notifying you.
- Third Party Services
The Services or / and the games may include links to third party services and / or the third party services may be made available to you via the Services or the Games. The third party services may include, but are not limited to gameplay recording and sharing, social medial connectivity and the like. You acknowledge and agree that third party services are subject to respective third party terms and conditions. Please read these third party terms and conditions as they constitute an agreement between you and the applicable third party service provider.
Island Brains LLC welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or by posting your Feedback on “Customer Review” within the games or on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to Island Brains LLC, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- Warranty Disclaimers
WITHOUT LIMITING ISLAND BRAINS LLC’S LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ISLAND BRAINS LLC DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE GAME OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ISLAND BRAINS LLC SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ISLAND BRAINS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ISLAND BRAINS LLC SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO ISLAND BRAINS IN ACCORDANCE WITH THESE TERMS OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO ISLAND BRAINS DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND ISLAND BRAINS LLC’S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH ISLAND BRAINS LLC IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you. To the extent that Island Brains LLC may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Island Brains LLC’s liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Island Brains LLC.
You agree to indemnify, defend and hold Island Brains LLC harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any third-party resulting from or arising out of any breach by you of this Terms of Services. Island Brains LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Island Brains LLC, and you agree to cooperate with Island Brains LLC’s defense of these claims. Island Brains LLC will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
- Dispute Resolution and Applicable Law
If a dispute arises between you and Island Brains LLC, Island Brains LLC strongly encourages you to first contact Island Brains LLC directly to seek a resolution by open a help ticket directly in-game via the help section or contact Island Brains LLC at firstname.lastname@example.org.
You agree that all disputes between you and Island Brains LLC shall be governed by the laws of the United States by a court located in the state of Delaware without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.
- No Class Actions
You and Island Brains LLC can only bring a claim against each other on an individual basis. BY AGREEING TO THIS TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND MAY ONLY BRING CLAIMS AGAINST ISLAND BRAINS IN YOUR INDIVIDUAL CAPACITY.
- Neither you nor Island Brains LLC may bring a claim as a plaintiff or class member in a class action, consolidated action or representative action,
- The arbitrator or court cannot combine more than one person’s claim into a single case, and cannot preside over any consolidated, class or representative arbitration proceeding (unless you and Island Brains LLC both agree to change this),
- The arbitrator’s or court’s decision or award in one person’s case can only impact the person who brought the claim, not other users of the Services, and cannot be used to decide other disputes with other users.
- Supplemental Policies
Island Brains LLC may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Services.
- Entire Agreement
- No Waiver
Except as expressly and specifically set forth in this these Terms of Services, no representations, statements, consents, waivers, or other acts or omissions by Island Brains LLC shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Island Brains LLC.
- Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services to Island Brains LLC are of a unique and irreplaceable nature, the loss of which shall irreparably harm Island Brains LLC and which cannot be replaced by monetary damages alone so that Island Brains LLC shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or the Games, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any), limited by Sections 6.2 and 11.
- Force Majeure
Island Brains LLC shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Island Brains LLC, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Island Brains LLC’s control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that your use of the Services does not constitute any joint venture, partnership, employment, or agency relationship exists between you and Island Brains LLC as a result of this Agreement.